HomeMy WebLinkAboutResolution - 2019-R0237 - Certificate Of Convenience And Necessitgy From Public Utility Commission - 07/09/2019 Resolution No. 2019-RO237
Item No. 2.1
July 9, 2019
RESOLUTION NO. 207g-R0237
WHEREAS, the City of Lubbock acting by and through its municipally
owned electric utility, Lubbock Power & Light ("LP&L") is currently pursuing
approval of four Certificate of Convenience and Necessity("CCN")applications
from the Public Utility Commission of Texas ("PUC"), all of which have been
referred to the State Office of Administrative Hearings ("SOAH")for review;
WHEREAS, these CCN cases are necessary for LP&L to integrate its
Affected Load into the Electric Reliability Council of Texas ("ERCOT"), which
is required under the PUC's Final Order in PUC Docket No. 47576,Application
of the City of Lubbock By and Through Lubbock Power & Light for Authority to
Connect a Portion of its System with the Electric Reliability Council of Texas,
dated March 15, 2018;
WHEREAS, on December 19, 2018, LP&L along with its joint applicant
Oncor Electric Delivery Company, LLC ("Oncor"),1 fled the ,loin/Application
of Oncor Electric Delivery Company, LLC and City of Lubbock acting by and
through Lubbock Power & Light for a Certificate of Convenience and Necessity
for the Proposed Wadsworth to New Oliver to Farmland 345-kv Transmission
Line in Lubbock and Lynn Counties, Texas, and the Proposed Southeast to New
Oliver to Oliver 11 S-kv Transmission Line in Lubbock County, Texas(referred to
herein as the"Wadsworth to Farmland CCN") in PUC Docket No.48909, SOAH
Docket No. 473-19-2405;
WHEREAS, LP&L is set to begin the hearing before SOAH on July 15,
2019 in the Wadsworth to Farmland CCN;
WHEREAS, the Wadsworth to Farmland CCN application contains routes
that would cross the City of Lubbock's planned Jim Bertram Lake 7 Development
("Lake 7");
WHEREAS,the Texas Legislature designated Lake 7 as a Unique Reservoir
Site;
WHEREAS, Lake 7 is an integral part of the City of Lubbock's approved
water supply strategy. Specifically, Lake 7 is a water supply strategy in the 2016
Region O Water Plan, the State of Texas Water.Plan, and is incorporated in the
City of Lubbock's 2018 Strategic Water Supply Plan;
The original Joint Applicant with LP&L was Sharyland Utilities, L.P. ("Sharyland").
ibsequent to the filing of the Application,however,Sharyland transferred its rights in the Project to Oncor
rough the closing of transactions approved by the PUC in Docket No.48929. Asa result,Oncor has stepped
i ito Sharyland's shoes with respect to all four CCN proceedings.
WHEREAS, Lake 7 is recognized by the Texas Water Development Board
and the Texas Commission on Environmental Quality as an important future
water supply for the City of Lubbock;
WHEREAS, the permit for Lake 7 (Water Rights Permit # 5921) is under
review at TCEQ,and the City expects the issuance of draft permit by the end of
2019;
WHEREAS, the construction and utilization of Lake 7 as a future water
supply of the City of Lubbock is included in the City of Lubbock's Water Plan;
WHEREAS, Lake 7 is unusual in the fact that it is almost exclusively
designed to capture developed and reclaimed water owned by the City of
Lubbock;
WHEREAS, the use of reclaimed water for a future drinking water supply
is critical in Lubbock's semi-arid region and will provide the City of Lubbock
with a diversified,drought resistant,renewable,and sustainable long-term source
of water;
WHEREAS, the City of Lubbock fully intends to construct Lake 7;
WHEREAS, the location of Lake 7 is known and is largely undeveloped
and unspoiled canyon lands which are themselves unique in the region;
WHEREAS, Lake 7 is important to the community values of the region, is
a critical water supply resource,will have aesthetic value,and will be surrounded
by recreational and park areas;
WHEREAS,a transmission route that parallels the shore-and ridgeline and
diagonally crosses Lake 7 in multiple spots is an undue and inappropriate impact
to the Lake and canyon;
WHEREAS, a route that does not parallel existing right of way for electric
transmission facilities, other infrastructure, or property boundaries and that does
not cross unique features at or near a perpendicular angle is an undue and
inappropriate impact;
WHEREAS, given Lake 7's designation by the Legislature as a Unique
Reservoir Site, its significance as an integral part of the water supply for citizens
of the City of Lubbock and this region, its extraordinary cultural and community
value to the citizens of the City of Lubbock and this region, and its recreational
potential,the City is opposed to the use of a route that would cross Lake 7;NOW,
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT, the City finds that Lake 7 is a Unique Reservoir Site and a vital
component of the City's strategic water supply;
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT, the City is opposed to any transmission route in the Wadsworth to
Farmland CCN that crosses the City of Lubbock's Unique Reservoir Site, Lake
7, and most especially any route utilizing Segment A-4.
BE IT FURTIIER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT all recitals provided in this Resolution are expressly adopted as
findings of the City Council.
Passed by the City Council this 9th day of July 2019.
A=,"
Daniel M. Pope, M or
ATTEST:
e ecca Garza, City S cr ary
APPROVED AS TO CONTENT:
Jarrett Okinson, City Manager
APPROVED AS TO FORM:
ad Weaver, City Attorney