Control Number: 39298

Item Number : 86

Addendum StartPage : 0

SOAH DOCKET NO. 473-11-4816PUC DOCKET NO. 39298

APPLICATION OF SOUTH TEXAS §ELECTRIC COOPERATIVE, INC. TO §AMEND ITS CERTIFICATE OF §CONVENIENCE AND NECESSITY FOR §THE ODESSA TO NORTH MCCAMEY- §TO-BAKERSFIELD 345-KV CREZ §TRANSMISSION LINE IN ECTOR, §MIDLAND, CRANE, UPTON, §CROCKETT, AND PECOS COUNTIES §

§

-^:.. .

.^.^-, ^ . .,BEFORE THE STATE OFFIC^,3,,

^`^;w,a

OF

ADMINISTRATIVE HEARINGS

DIRECT TESTIMONY OF PHILLIP D. GLASS ON BEHALF OF THE GLASS-EVERITT RANCH

Filed on June 20, 2011

TABLE OF CONTENTS

Testimony ........................................................................................................................................2Attachment PDG-1 ..........................................................................................................................8Attachment PDG-2 ..........................................................................................................................9

Direct Testimony of Phillip D. Glass on behalf of the Glass-Everitt RanchSOAH Dkt. No. 473-11-4816; PUC Dkt. No. 39298Page 1 of 9

9-&

DIRECT TESTIMONY OF PHILLIP D. GLASS

1 Q. Please state your name and your address.

2 A: Phillip D. Glass. I live with my family in Water Valley, Texas just northwest of San Ange-

3 lo. My address is PO Box 218, Water Valley, Texas 76958.

4 Q. Who are you testifying for?

5 A: I am testifying on behalf of the partnership that owns the Glass-Everitt Ranch in Crane

6 and Upton Counties, Texas.

7 Q. Who are the partners in the Glass-Everitt Ranch?

8 A: There are three: (1) Phillip Glass Land & Minerals LLC; (2) Kathleen Glass Guy; and (3)

9 Gary Farm & Ranch Ltd. We all own undivided interests in the ranch. My sister, Kath-

10 leen, and my LLC own 50%, and Gary Farm & Ranch owns the other 50%.

11 Q How long has the Glass-Everitt Ranch been in your family?

12 A: The Everitt and Glass families bought this ranch in 1946. They have operated it together

13 in partnership since then?

14 Q. Where is the Glass-Everitt Ranch?

15 A: It is north of Crane and south of Odessa. Most of the ranch is in northeastern Crane

16 County, but there are about two sections that are in northwestern Upton County. I have

17 drawn the ranch boundary on Attachment PDG-1. I used STEC's Figure 4d, Map 3 of

18 10.

19 Q. Please identify which sections are in the Glass-Everitt Ranch?

20 A: The Glass-Everitt Ranch has 16 sections in it. I will list them as they are labeled on

21 STEC's Figure 4d, Map 3 of 10, from north to south and west to east. They are: (1) T&P

22 RR Co., 43T4S, 24; (2) T&P RR Co., 42T4S, 30; (3) T&P RR Co., 43T4S 30; (4) T&P

23 RR Co., 43T4S, 31; (5) T&P RR Co., 42T4S, 31; (6) T&P RR Co., 42T4S, 32 (7) T&P

24 RR Co., 43T4S, 34; (8) T&P RR Co., 43T4S, 33; (9) T&P RR Co., 43T4S, 32; (10) T&P

25 RR Co., 42T4S, 42; (11) T&P RR Co., 42T4S, 41; (12) T&P RR Co., 42T4S, 40; (13)

26 PSL, B24, 9; (14) T&P RR Co., 43T4S, 35; (15) T&P RR Co., 43T4S, 36; and (16) T&P

27 RR Co., 42T4S, 43.

28 Q. Do you live on this ranch?

29 A: No, none of the partners live there. We lease it to Sammy Hooper.

30 Q. What does Mr. Hooper do on the ranch?

Direct Testimony of Phillip D. Glass on behalf of the Glass-Everitt RanchSOAH Dkt. No. 473-11-4816; PUC Dkt. No. 39298Page 2 of 9

1 A:

2

3

4

5

6

7

8

Qi

A:

9 A:

10

11

12

13

14

15

16

17

18

19

Q.

A:

Q.

A:

Q.

20

21

22

23

24

25

26

27

28

29

30

31

A:

Q3

A:

He raises cattle and cutting horses.

Why are you testifying in this docket?

We do not want this transmission line on our ranch. There are already two 138 kV

transmission lines crossing our ranch. We also have Highway US 385 running through

the middle of the ranch. We have enough infrastructure on or going through the ranch

serving the public.

How many proposed segments cross the Glass-Everitt Ranch and which

ones are they?

STEC has drawn five segments that would cross the Glass-Everitt Ranch. They are seg-

ments A29, A30, A31, A31 a, and A31 b. These segments are parts of Routes O-NM 1-

6, 9, 10, 12, and 16.

Are any of these segments and routes on STEC's primary route?

No.

Have you had a chance to review the Public Utility Commission's rules and

Texas law about the routing criteria for transmission lines?

Yes, I have.

What specifically is it about STEC's proposed segments that you oppose so

much? In other words, why do you not want this line on the Glass-Everitt

Ranch?

First, our ranch is already burdened by two transmission lines. Second, I do not believe

that STEC has identified the ranch headquarters on its maps. The ranch headquarters

area lies between segments A30 and A31a. I have attached Attachment PDG-2, which

shows where the ranch house and headquarters are. It also identifies a set of cattle work-

ing pens and water source and a big caliche pit.

Is the ranch headquarters area within 500 feet of any of STEC's proposed

segments?

I cannot tell from STEC's maps. But it appears that the house may be about 500 feet east

of the centerline of segment A30. If it is not, then the house is certainly within 750 feet of

that segment's centerline. The house also appears to be less than 1,000 feet west of the

centerline of segment A31 a. If this transmission line follows segment A30, then two

transmission lines would bracket our house and the headquarters area. We do not want

Direct Testimony of Phillip D. Glass on behalf of the Glass-Everitt RanchSOAH Dkt. No. 473-11-4816; PUC Dkt. No. 39298Page 3 of 9

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

that. Who wants to be able to look out their front door looking at a transmission line, and

then go to their back door and see another one? Or who wants to look out their back

door and see two transmission lines paralleling each other if this transmission line follows

segment A31 a?

Q Where are the cattle working pens you mentioned above?

A: They are also shown on Attachment PDG-2. They are on the west side of and next to US

385, across from the headquarters area. They are within the 500-foot corridor of segment

A30. These pens have the only source of water for that part of the ranch. We do not want

to lose a source of water if this transmission line follows segment A30 like it is drawn on

STEC's maps.

Q. Why did you mention the caliche pit above and identify it in Attachment

PDG-2?

A: Like our cattle working pens, our caliche pit is on the west side of and next to US 385.

This caliche pit is an active caliche mine. We sell caliche to the oil companies for road

construction on our ranch as well as for neighboring ranches. This is a good source of in-

come for the Glass-Everitt Ranch. I understand that landowners cannot do anything to

obstruct or interfere with a transmission line company's right-of-way, including the sub-

surface. If this transmission line followed the proposed path of segment A30, we likely

would lose the ability to mine our caliche pit as it would interfere with this transmission

line.

Q What other things worry you about having this transmission line on your

ranch?

A: We recently leased several sections of the ranch for oil and gas drilling. We do not want

this transmission line to interfere with any potential drilling sites.

Q. You stated above that STEC's preferred line does not cross the Glass-Everitt

Ranch. Do you support STEC's preferred route?

A: Yes. I also understand that STEC proposed a settlement route at the June 2nd pre-

hearing conference. We also support that settlement route.

Q Is there anything else that you would like to point out about STEC's seg-

ments and your ranch?

A: Yes. STEC has labeled a microwave tower on our ranch as Habitable Structure/Land

Direct Testimony of Phillip D. Glass on behalf of the Glass-Everitt RanchSOAR Dkt. No. 473-11-4816; PUC Dkt. No. 39298Page 4 of 9

Use Feature No. 44 that is within the 500-foot corridor of segment A30. In addition, just

2 north of our ranch where segments A30 and A35 join to become segment A36, there is a

3 trailer park. STEC has labeled eight habitable structures or land use features in that trail-

4 er park. There are also eight habitable structures or land use features in the 500-foot cor-

5 ridor of segment A29. When you look at STEC's Figure 6-1 a, there are not any other

6 groupings of habitable structures or land use features on other segments on the Odessa-

7 North McCamey part of this transmission line, like the two I have pointed out above.

8 Q If you had to rank the five segments that come through the Glass-Everitt

9 Ranch, which ones would be the least offensive to you?

10 A: First of all, we do not want this transmission line on our ranch. But if we had to take it,

11 the least offensive segment is the one that parallels segment A29 on our ranch's west side.

12 The next least offensive segment would be the one that parallels segments A31 and A31 b.

13 Segments A30 and A31 a are the most offensive and burdensome segments that cross our

14 ranch. We do not want this transmission line to follow either of those segments.

15 Q Is your testimony above true and correct?

16 A: Yes.

17 Q Are Attachments PDG-1 and 2 true and correct, and do they accurately de-

18 pict the location of the ranch house and headquarters area, caliche pit, and

19 cattle working pens?

20 A: Yes.

21 Q. Does this conclude your testimony?

22 A: Yes.

Attachments:

1. PDG-1 - Map of Glass-Everitt Ranch; and

2. PDG-2 - Map showing land use features.

Direct Testimony of Phillip D. Glass on behalf of the Glass-Everitt RanchSOAH Dkt. No. 473-11-4816; PUC Dkt. No. 39298Page 5 of 9

Respectfully submitted,

JOE WILLIAM ROSS, P.C.PO Box 5376San Angelo, Texas 76902(325) 227-4914(325) 227-4915 - FaxEmail: joewill 'wrosslaw.com

By:Joe illiam RossSta e Bar No. 24037397

ATTORNEY FOR INTERVENORS,PHILLIP GLASS LAND & MINERALS LLC,KATHLEEN GLASS GUY, AND GARYFARM & RANCH LTD.

CERTIFICATE OF SERVICE

This is to certify that on this 20,h day ofJune 2011, a true and correct copy of the forego-ing document was served via Federal Express on Central Records, Public Utility Commission ofTexas, 1701 N. Congress Avenue, Austin, TX 78711-3326, and via first class mail to the follow-ing parties:

Jo Campbell 254.799.2217

Jax Cowden Via Regular Mail

Tammy Cooper (Andrews Kurth LLP) 512.320.9292

Amber L. James (Atkins, Hollmann,Jones, Peacock, Lewis & Lyon)

432.363.1310

John Zerwas, Jr., Shelah J. Cisneros

(Public Utility Commission)

512.936.7268

John K. Hicks (Scott, Douglass &

McConnico, LLP)

512.474.0731

George S. Finley (Smith Rose Finley) 325.653.9580

Ann Bright 512.389.4482

Melanie Spratt-Anderson 432.693.2243

Direct Testimony of Phillip D. Glass on behalf of the Glass-Everitt RanchSOAH Dkt. No. 473-11-4816; PUC Dkt. No. 39298Page 6 of 9

Dan Brown Via Regular Mail

Jim & Nathana Frederick Via Regular Mail

Marilyn & John Harris 512.842.3031

Natividad-Aida Quinones 970.824.7081

Gary Stone Via Regular Mail

Victor G. Urias Via Regular Mail

Marsha Wolfe Via Regular Mail

This document is also available on the PUC's Interchange Retrieval.

Joe illiam Ross

Direct Testimony of Phillip D. Glass on behalf of the Glass-Everitt RanchSOAH Dkt. No. 473-11-4816; PUC Dkt. No. 39298Page 7 of 9

•^°^ w

0

ra..

°"b®^rr®°^•i6

^ . ^la -

N4."'b

n^o^ t

y°4t>•.. ....,, _. .. ,^^ .^^ _ ^

'^•`

e`e

r f('$'.^1 f I

°^'r^0^°^•: (Gl^

^"^r^-''ly^ , ^^o^ . .. . . ^

o^°o►°^ ^^ ^ ^i ^_y ,Oo

® U. _n . . .... ..

♦a^° ___ .. "^.,;^^s _ . ,__ ._._.. ... ,y^

®

^' `' 1 ^` °°°'®°`°•^..° `"'-"_ g z^ ^ ^+A^.. € °`'• ,$ ^

^a'6iLrlc'.&•'^6 r7-^ 1•^'`^► o 0...,,,,^^^` i^^^ e`• ^,. . } a "^^ w

^• ^. orii .J "f•^^d A F. y^ ^ /

• ; .+` ` y^i'''^ar^/

. ._ _.___. ___ .__. _.. _^..__..__. .... ... , ^- -.... ._. ._._ . . ... '^ ^ .. _

1 _

PDG-1 Direct Testimony of Philip Glass Page. Sol' ^

I SOAH Dkt No. 473-11-4816; PUC Dki No. 39298

^ ,,

p^

,,.^ u

' ^4^u.'. .. .

._^J, . .. .5h: •

*rlAAWOR1.,^

A30

A28

E }? 't^:'v

'":.:F:t,"w 3^^:.... 17".... A