Transmission Lines
Information on Transmission Line Cases
OPUC does not ordinarily participate in transmission line Certificate of Convenience and Necessity (CCN) cases at the Public Utility Commission (PUC) and does not advance one landowner's interests over another's in route selection. Therefore, OPUC is a neutral party that consumers can contact with questions about the CCN process. Although OPUC does not provide legal advice or representation of individuals, we are able to help guide consumers through the process. Individuals may represent themselves or hire an attorney to represent them.
The PUC decides whether new transmission lines are needed and if so, where they should be located. If you have received a notice from a utility that a transmission line could be going through your property soon, you may want to participate in the CCN process.
*CCN cases for proposed transmission lines intended to serve Competetive Renewable Energy Zones (CREZ) follow the same general process as do regular CCN cases. The main difference between the two cases is that state law does not require CREZ line applications to address the need criteria regular transmission line applications are required to meet.
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How the PUC Makes Its Decision
Texas law requires the PUC to consider a number of factors in deciding whether to approve a proposed transmission line. The PUC may approve an application to obtain or amend a CCN for a transmission line after considering a variety of factors, including but not limited to the need for additional service, reliability of the transmission system, and cost impacts.
In determining the best route for a transmission line, the PUC considers the existing land uses and rights-of-way, as well as community, historical, aesthetic, and environmental impacts.
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How to Participate
Landowners potentially affected by a new line can participate in the case by either filing a protest, or by formally intervening in the case.
To become an Intervenor you must file a statement with the PUC requesting Intervenor status, no later than the date specified in the notice letter sent to you by the utility. This statement should describe how the proposed transmission line would affect your property. Any landowner may request to intervene and become a party.
If you decide to intervene in a case, you will be required to follow certain procedural rules:
- You are required to answer questions and provide information about your position to other parties in the case. This process is called discovery and is generally done formally in writing.
- If you choose to file written testimony stating your position, you will also be required to be available at a hearing to answer questions regarding your position.
- If you file testimony or any documents in the case, you may be required to send copies of the documents to every party in the case, and you must file multiple copies with the PUC. Please see instructions regarding how to file documents with the PUC.
- Failure to comply with these procedural rules may serve as grounds for you to be dismissed as an Intervenor in the case.
If you do not wish to intervene in a CCN case, you may file comments as a Protestor.
Protestors make a written or verbal statement in support of or in opposition to the utility’s application.
Protestors are not parties to the case, however, and do not have the right to:
- Request information about the case from other parties.
- Receive notice or copies of documents that are filed in the case.
- Receive notice of the time and place for negotiations.
- File testimony and/or cross-examine witnesses.
If you want to make comments, you may either send written comments stating your position, or you may make a statement on the first day of the hearing.
Comments are not treated as evidence.
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The CCN Process
If there are persons who intervene in the case and oppose the approval of the line, the PUC may refer the case to an administrative law judge (ALJ) at the State Office of Administrative Hearings (SOAH) to conduct a hearing, or the PUC may elect to conduct a hearing itself.
The hearing is a formal proceeding, like a court trial, in which testimony is presented by the Intervenors, the utility, and by PUC staff. In the event the case is referred to SOAH, the ALJ makes a recommendation to the PUC on whether the application should be approved and where and how the line should be routed.
There are several stages of a CCN case:
- The ALJ holds a prehearing conference (usually in Austin) to set a schedule for the case.
- Parties to the case have the opportunity to conduct discovery; that is, obtain facts about the case from other parties.
- Parties file written testimony before the date of the hearing. Parties that do not file written testimony or statements of position by the deadline established by the ALJ may not be allowed to participate in the hearing.
- A hearing is held (usually in Austin), and parties have an opportunity to cross-examine the witnesses.
- Parties may file written briefs after the hearing, but are not required to do so.
- The ALJ makes a recommendation, called a proposal for decision, to the PUC regarding the case. Parties who disagree with the ALJ’s recommendation may file exceptions.
- The Commissioners discuss the case and decide whether to approve the application. The PUC may approve the ALJ’s recommendation, approve it with specified changes, send the case back to the ALJ for further consideration, or deny the application. The written decision rendered by the PUC is called a final order. Parties who believe that the PUC’s decision is in error may file motions for rehearing, asking the PUC to reconsider the decision.
- After the PUC rules on the motion for rehearing, parties have the right to appeal the decision in Travis County district court.
Please feel free to contact OPUC toll-free at 1-877-839-0363 if you have questions about the CCN process.
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Intervenor FAQs
What does it mean to be an intervenor in the case?
What types of requests can be made of me during this process?
How will I know when to file documents and when meetings or hearings will occur?
Can I see what other parties are filing?
What is a statement of position?
If I am not an attorney, am I allowed to participate in a hearing?
How is filing testimony different from filing a comment?
If I have to provide copies of documents to other parties in the case, how will I know who they are?
How do I file documents with the PUC?
How many copies must I provide?
How will I know when to file documents and when meetings or hearings will occur?
What things are considered by officials when deciding on a transmission line route?
What does it mean to be an intervenor in the case?
This means you are a party to the case, and any information or evidence you provide will be considered by the judge or the Public Utility Commission in making a final decision on where to put the transmission line. As an intervenor, you have the right to provide testimony and ask questions of other parties. You may also be required to answer questions or discovery requests from other parties.
What is a discovery request?
This is a request for you to provide specific information or documents related to the case.
What types of requests can be made of me during this process?
Request for Information (RFI) - These are questions that you may ask of another party and another party may ask questions of you. These are generally questions that require more than a "yes" or "no" answer. Before requesting information from other parties and before responding to a Request for Information, be sure to read PUC Procedural Rule 22.144. (Example)
Request for Admissions (RFA) - These are questions that you may ask of another party and that another party may ask of you. The questions require a response of "admit" or "deny." Before you send or respond to Requests for Admissions, be sure to read PUC Procedural Rule 22.144. (Example)
Discovery - Discovery is a legal process that enables the parties to discover information about other parties to the case. At the PUC, Requests for Information and Requests for Admission are the two main forms of discovery used.
How will I know when to file documents and when meetings or hearings will occur?
The State Office of Administrative Hearings will file an order called "Scheduling Prehearing Conference and Informing Parties of Procedural Matters" or "Scheduling Hearing on the Merits and Informing Parties of Procedural Matters." This will tell you when established deadlines will occur, such as the deadline to intervene, and when and where any prehearing conferences will occur. These orders will give detailed information on how to participate, the proper format for different items and a detailed schedule for what type of event (i.e. direct testimony is due, responses to objections, etc.) and the deadline for that event.
Can I see what other parties are filing?
Yes. The Public Utility Commission (PUC) Interchange will have all documents related to your case. This includes all orders as well as anything filed by the utility, other landowners, or any party. The Interchange is located at http://interchange.puc.state.tx.us/WebApp/Interchange/application/dbapps/filings/pgSearch.asp. The "control number" field is where you will enter the PUC docket number for your case. Once you enter that, it will bring up all documents that have been filed in the case.
What is a statement of position?
A statement of position is your position in the case in support of or opposition to a certain transmission line route or part of a route. A statement of position is not considered evidence; therefore, the judge or commissioners hearing the case can consider but cannot rely upon it in making their decision on the need or placement of a transmission line route. A statement of position is NOT subject to cross-examination during a hearing, but it will preserve your right to participate in a hearing. A statement of position may be filed instead of testimony.
What is testimony?
Testimony is considered evidence and is filed before the hearing by all parties. Testimony is subject to cross-examination by other parties during a hearing.
What is cross-examination?
This is when one party is allowed to question another party about testimony that was submitted.
If I am not an attorney, am I allowed to participate in a hearing?
Yes. You may participate in the hearing as long as you file a statement of position or testimony.
How do I file testimony?
Testimony is filed with the Public Utility Commission and must be submitted by 3:00 p.m. (central time) on the deadline date. Testimony must be filed in order to intervene and continue to participate in a case. An example of testimony can be found here.
How is filing testimony different from filing a comment?
Filing a comment is not considered under oath and is not considered evidence in the case or subject to cross-examination by other parties. When you file testimony, you submit written evidence under oath, and it is subject to cross-examination by other parties.
If I have to provide copies of documents to other parties in the case, how will I know who they are?
A "service list" is created at the beginning of the case and is continually updated with new parties. This list includes the names and addresses of all parties to whom you would need to provide copies. You may contact the Public Utility Commission at 512-936-7180 to request a copy of the service list.
How do I file documents with the PUC?
Typically, intervenors must mail each party a copy of every document filed in the case. In some cases with a large number of parties, the State Office of Administrative Hearings has allowed electronic delivery of copies, but this is at the discretion of the administrative law judge and is considered the exception rather than the rule. Please see "How to File" for specific instructions.
How many copies must I provide?
A copy of every document filed is sent to each party, except for Public Utility Commission (PUC) staff. A certain number of copies of specific documents must be filed with the PUC, and staff is given copies from this batch. The following are the names and number of copies for each document to be sent to the PUC:
- Requests for Information - 5 copies
- Testimony and Briefs - 13 copies
- All other pleadings - 12 copies
- Any document of more than 10 pages must be filed electronically with the PUC.
How will I know when to file documents and when meetings or hearings will occur?
The State Office of Administrative Hearings will issue Orders. The Orders will list deadlines, such as the deadline to intervene, when and where any prehearing conferences will occur, and when to file certain documents. These Orders will give detailed information on how to participate, so it is very important to carefully read all Orders in their entirety.
What things are considered by officials when deciding on a transmission line route?
These include, but are not limited to:
- Presence of a home you live in.
- Presence of a working farm.
- Presence of a well or other system necessary to the property.
- Presence of a family cemetery or historical site.
- Presence of an existing transmission line.
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Protestor FAQs
What does it mean to be a protestor in the case?
What are my rights as a protestor in the case?
As a protestor, will I be able to participate in the hearing?
Do I have any responsibilities as a protestor?
As a protestor, will I receive information about the case?
What is the difference between a protestor and an intervenor?
Can I see what other parties are filing?
How is filing testimony different from filing a comment?
If I file a protest but decide later I want to intervene, will I be able to do so?
If I choose to intervene but want to withdraw from the case later on, will I be able to do so?
How will I know when to file documents and when meetings or hearings will occur?
What does it mean to be a protestor in the case?
This means you make a written statement in support of or opposition to the utility’s proposed transmission line or a segment of the line and offer information to support your position. Comments are NOT considered evidence or subject to cross-examination by other parties. The judge or commissioners hearing the case can consider but cannot rely upon comments in making their decision on the need or placement of a transmission line route.
What are my rights as a protestor in the case?
A protestor only offers comments but is not a party (intervenor); therefore, a protestor has no rights in the case.
As a protestor, will I be able to participate in the hearing?
No. A protestor is not considered a party to the case and is not allowed to provide testimony, submit evidence, or cross-examine witnesses.
Do I have any responsibilities as a protestor?
No.
As a protestor, will I receive information about the case?
No. Protestors do not receive notice of hearings or other meetings. Protestors do not receive any communication from the PUC, or any other party to the case. All property owners within a certain distance from any route being considered will receive notice of public meetings held by the utility, but this occurs prior to filing any type of application with the Public Utility Commission and prior to owners deciding whether to intervene or protest.
What is the difference between a protestor and an intervenor?
A protestor files comments in the case but is not a party to the case and has no rights to participate in the hearing or negotiations. Comments are not considered evidence. The judge or commissioners hearing the case can consider but cannot rely upon comments in making their decision on the need or placement of a transmission line route.
An intervenor is a party to the case and submits testimony. Testimony is considered evidence and is filed before the hearing by all parties. Testimony is subject to cross-examination by other parties during a hearing. Intervenors must follow the procedures outlined by the Public Utility Commission and the State of Office of Administrative Hearings. They have the right to cross-examine other parties, receive all notices and documents, submit evidence for consideration, and appeal the decision to the courts.
Can I see what other parties are filing?
Yes. The Public Utility Commission (PUC) Interchange will have all documents related to your case. This includes all orders as well as anything filed by the utility, other landowners, or any party. The Interchange is located at http://interchange.puc.state.tx.us/WebApp/Interchange/application/dbapps/filings/pgSearch.asp. The "control number" field is where you will enter the PUC docket number for your case. Once you enter that, it will bring up all documents that have been filed in the case.
How is filing testimony different from filing a comment?
Filing a comment is not considered under oath and is not considered evidence in the case or subject to cross-examination by other parties. When you file testimony, you submit written evidence under oath, and it is subject to cross-examination by other parties.
If I file a protest but decide later I want to intervene, will I be able to do so?
Each case has an intervention deadline. If the intervention deadline has not yet passed, then you may file a request to intervene. If the deadline has passed, you can file a notice to intervene; but it will be the administrative law judge's discretion whether to allow you to intervene or not.
If I choose to intervene but want to withdraw from the case later on, will I be able to do so?
Yes.
What things are considered by officials when deciding on a transmission line route?
These include, but are not limited to:
- Presence of a home you live in.
- Presence of a working farm.
- Presence of a well or other system necessary to the property.
- Presence of a family cemetery or historical site.
- Presence of an existing transmission line.
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Pending CCN Cases
Docket |
Utility Name |
Transmission Line Name (Route) |
|
| 40125 | Southwest Public Service Company (SPS) | Kiser to Kress 115kV | |
| 40319 | Brazos Electric Company | Sandy Substation and Transmission Line Project |
|
| 40550 | SPS | Bowers to Howard 115kV | |
| 40645 | Sharyland | Midkiff to Driver 138kV | |
| 40684 | Lower Colorado River Authority (LCRA) | Morninweg to Parkway 138kV | |
| 40685 | Southwest Electric Power Company (SWEPCO) | North Texarkana to Valliant 345kV | |
| 40728 | Electric Transmission Texas (ETT) | Lobo to Rio Bravo to North Edinburg 345kV | |
| 41025 | Golden Spread | Huff - Wheeler Co 115kv | |
| 41334 | SPS | Ochiltree to Lipscomb | |
| 41359 | El Paso Electric Company (EPEC) | Montana PS Intersect with Caliente to Coyote | |
| 41360 | EPEC |
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| 41245 | Lyntegar | West Lamesa 138 kV TL | |
| 41395 | South Texas Electric Cooperative | Vanderbilt to Ricebird |
