SWEPCO line scrapped, STO seeks damages
February 4, 2015
Charlea Mills
After a nearly two year battle, Arkansas-based Southwest Electric Power Company (SWEPCO) recently withdrew a pending application to build a new power line in Arkansas and southern Missouri. Multiple routes were evaluated, including one that would have crossed into Missouri and breached Barry and McDonald Counties, concerning area residents due to the potential damage to the land and loss of property values with a major electric line running across their property.
SWEPCO initially asked for approval for the $116 million power electric line in April 2013 after the Southwest Power Pool (SPP) did a study indicating the need for it based on electric trends. The SPP is the Regional Transmission Organization responsible for ensuring reliable supplies of power in parts of eight states, including Arkansas. While the line would not have provided any electricity to Missouri, one of the routes proposed constructing part of the towers in Missouri to avoid more extensive construction issues in more urban areas in Arkansas.
However, on December 29, the SPP notified SWEPCO that their updated forecasts indicated that the demands for power were significantly lower than originally estimated, and there was no need for the new line. As a result of the SPP’s findings, SWEPCO withdrew their application from the Arkansas Public Service Commission (APSC) to continue with the project.
In a statement released by SWEPCO, president and chief operating officer Venita McCellon-Allen said, "As a transmission owning member of SPP, SWEPCO's role is to obtain regulatory approval and to construct electric transmission facilities as directed by SPP. SPP determines the need for projects based on studies containing future load growth and other transmission system usage projections. Based on SPP's new findings, we are notifying landowners, community leaders and elected officials that we have withdrawn our application to the ASPC for authority to construct the Shipe Road to Kings River transmission project."
While this appeared to be a victory for Ozarks residents who did not want their property traversed by a 345 kV transmission line, the new issue at hand is the tens of thousands of dollars of attorneys’ fees that have been provided to fight the electric company’s request and protect the land.
People in both Missouri and Arkansas were up in arms when they received letters from SWEPCO citing their intentions of building the line that would have meant 150-foot towers every 800 feet, with clearing a 150-foot area of right-of-way. People were immediately worried that the project would destroy the natural beauty of the landscape and negatively impact property values. As citizens networked and learned more about the proposal, Save the Ozarks (STO) was formed, a non-profit organization comprised of volunteers working to stop the project.
In an initial press release, SWEPCO estimated that the APSC would finalize the project withdrawal by the end of January. However, STO filed a petition with the APSC asking them to deny the request for withdrawal on January 12. STO requested that SWEPCO’s application by denied instead of withdrawn.
In the petition filed by STO, it states, “After the expenditure of many tens of thousands of dollars, months of attorney time, months of efforts by Intervenor STO’s members and other Intervenors, public hearings, a lengthy trial, substantial briefing on multiple issues, and significant efforts and time commitments by the Commission, its presiding officer, and agency staff, all directed towards a just determination of the controversy in the above captioned docket, initiated by SWEPCO, SWEPCO should not be allowed to simply file its “never mind” Notice to close the matter.”
The main reason STO hopes to have the filing denied is so that SWEPCO is legally responsible for the attorney fees and litigation costs associated with trying to stop the project. STO also asked the Commission to name them as the prevailing parties so that they could seek an award for their attorneys’ fees. SWPECO filed their response to STO’s petition on January 20, solidifying their position to have their application withdrawn instead of denied.
At this point, it isn’t clear how long it will take for the APSC to make a ruling in the matter and as to whether STO will be able to recoup their attorneys’ fees in fighting the electric company. However, much to the relief of area residents, the electric line that could have caused a significant loss in property values and impact the natural beauty of the Ozarks, is no longer in the cards.
Charlea Mills
After a nearly two year battle, Arkansas-based Southwest Electric Power Company (SWEPCO) recently withdrew a pending application to build a new power line in Arkansas and southern Missouri. Multiple routes were evaluated, including one that would have crossed into Missouri and breached Barry and McDonald Counties, concerning area residents due to the potential damage to the land and loss of property values with a major electric line running across their property.
SWEPCO initially asked for approval for the $116 million power electric line in April 2013 after the Southwest Power Pool (SPP) did a study indicating the need for it based on electric trends. The SPP is the Regional Transmission Organization responsible for ensuring reliable supplies of power in parts of eight states, including Arkansas. While the line would not have provided any electricity to Missouri, one of the routes proposed constructing part of the towers in Missouri to avoid more extensive construction issues in more urban areas in Arkansas.
However, on December 29, the SPP notified SWEPCO that their updated forecasts indicated that the demands for power were significantly lower than originally estimated, and there was no need for the new line. As a result of the SPP’s findings, SWEPCO withdrew their application from the Arkansas Public Service Commission (APSC) to continue with the project.
In a statement released by SWEPCO, president and chief operating officer Venita McCellon-Allen said, "As a transmission owning member of SPP, SWEPCO's role is to obtain regulatory approval and to construct electric transmission facilities as directed by SPP. SPP determines the need for projects based on studies containing future load growth and other transmission system usage projections. Based on SPP's new findings, we are notifying landowners, community leaders and elected officials that we have withdrawn our application to the ASPC for authority to construct the Shipe Road to Kings River transmission project."
While this appeared to be a victory for Ozarks residents who did not want their property traversed by a 345 kV transmission line, the new issue at hand is the tens of thousands of dollars of attorneys’ fees that have been provided to fight the electric company’s request and protect the land.
People in both Missouri and Arkansas were up in arms when they received letters from SWEPCO citing their intentions of building the line that would have meant 150-foot towers every 800 feet, with clearing a 150-foot area of right-of-way. People were immediately worried that the project would destroy the natural beauty of the landscape and negatively impact property values. As citizens networked and learned more about the proposal, Save the Ozarks (STO) was formed, a non-profit organization comprised of volunteers working to stop the project.
In an initial press release, SWEPCO estimated that the APSC would finalize the project withdrawal by the end of January. However, STO filed a petition with the APSC asking them to deny the request for withdrawal on January 12. STO requested that SWEPCO’s application by denied instead of withdrawn.
In the petition filed by STO, it states, “After the expenditure of many tens of thousands of dollars, months of attorney time, months of efforts by Intervenor STO’s members and other Intervenors, public hearings, a lengthy trial, substantial briefing on multiple issues, and significant efforts and time commitments by the Commission, its presiding officer, and agency staff, all directed towards a just determination of the controversy in the above captioned docket, initiated by SWEPCO, SWEPCO should not be allowed to simply file its “never mind” Notice to close the matter.”
The main reason STO hopes to have the filing denied is so that SWEPCO is legally responsible for the attorney fees and litigation costs associated with trying to stop the project. STO also asked the Commission to name them as the prevailing parties so that they could seek an award for their attorneys’ fees. SWPECO filed their response to STO’s petition on January 20, solidifying their position to have their application withdrawn instead of denied.
At this point, it isn’t clear how long it will take for the APSC to make a ruling in the matter and as to whether STO will be able to recoup their attorneys’ fees in fighting the electric company. However, much to the relief of area residents, the electric line that could have caused a significant loss in property values and impact the natural beauty of the Ozarks, is no longer in the cards.