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71720 ;1,1 -? -2 § PUBIICUTILITVCO I

OF TEXAS

, s-1- •

ISSION

DOCKET NO. 50075

APPLICATION OF TEXAS-NEW -MEXICO-POWER COMPANY TO AMEND ITS CERTIFICATE OF CONVENIENCE AND NECESSITY FOR THE TNMP SH 121 TRANSMISSION LINE RELOCATION PROJECT IN COLLIN COUNTY

NOTICE OF APPROVAL

This Notice of Approval addresses the application of Texas-New Mexico Power Company

(TNMP) to amend its certificate of convenience and necessity (CCN) for the relocation of a portion

of single-circuit 138-kilovolt (kV) transmission line in Collin County. The Commission approves

the application to the extent provided in this Notice of Approval.

I. Findings of Fact

The Commission makes the following findings of fact.

Applicant

1. TNMP is a domestic for-profit corporation registered with the Texas secretary of state on

April 18, 1963, under filing number 19241500.

2. TNMP is a wholly-owned subsidiary of PNM Resources, Inc.

3. TNMP provides electric transmission and distribution services in the Electric Reliability

Council of Texas (ERCOT) region under CCN number 30038.

Application

4. On October 14, 2019, TNMP filed an application for the relocation of a portion of

single-circuit 138-kilovolt (kV) transmission line in Collin County.

5. TNMP retained HDR, Inc. to prepare an environmental assessment and routing analysis

for the proposed transmission line that was included as part of the application.

6. In Order No. 2 filed on November 5, 2019, the administrative law judge (ALJ) found the

application sufficient for further review.

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Docket No. 50075 Notice of Approval Page 2 of 17

Public Notice

7. On July 18, 2019, TNMP held its public meeting to solicit public input about the proposed

transmission facilities. TNMP mailed notice of the public meeting to landowners who own

property located within 350 feet of each of the preliminary transmission line segments.

8. TNMP mailed notices to a total of 149 landowners and entities for the first public meeting.

This notice included an invitation letter, a map of the study area depicting the preliminary

alternative segments, and a question-and-answer sheet.

9. TNMP also mailed notice of the public meeting to the Department of Defense

Clearinghouse.

10. A total of 43 people signed in at the public meeting. Fifteen questionnaires were submitted

at the meeting and 16 were received by mail after the meeting.

Notice

11. On October 15, 2019, TNMP filed the affidavit of Pamela Collins, paralegal at Jackson

Walker, L.L.P, attesting to the provision of notice to potentially affected property owners,

county and municipal officials, neighboring utilities, the Office of Public Utility Counsel,

the Texas Parks and Wildlife Department (TPWD), and the Department of Defense Siting

Clearinghouse on October 14, 2019.

12. On October 25, 2019, TNMP filed a publisher's affidavit attesting to publication of notice

on October 17, 2019 in the Anna-Melissa Tribune, a newspaper of general circulation in Collin County.

13. In Order No. 2 filed on November 5, 2019, the ALJ found notice sufficient.

Evidentiary Record

14. On December 18, 2019, TNMP, Commission Staff, and intervenors filed a joint motion to admit evidence.

15. In Order No. 5 filed on February 11, 2020, the All admitted the following evidence into the record: (a) TNMP's application and all attachments filed on October 14, 2019; (b) TNMP's affidavit of mailed notice filed on October 15, 2019; (c) letter of support from Senator Pat Fallon filed on October 21, 2019; (d) TNMP's proof of publication filed on October 25, 2019; (e) TMNP's response to Order No. 1 filed on October 29, 2019;

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(f) Commission Staff s recommendation on application sufficiency and notice filed on

October 31, 2019; (g) letter of support from Representative Justin Holland filed on

November 1, 2019; (h) letter of support from Representative Scott Sandford filed on

November 1, 2019; (i) TNMP's supplemental affidavits regarding proof of notice filed on

November 15, December 2, and December 11, 2019; (j) Wayne "Skip" Hill's request for

hearing filed on December 2, 2019; (k) Mr. Hill's motion to withdraw his request for

hearing filed on December 6, 2019; (1) Commission Staff s recommendation on final

disposition filed on December 9, 2019; and (m) Texas Parks and Wildlife Department letter

to Karen Hubbard, Legal Division, filed on December 16, 2019.

Interventions

16. In Order No. 1 filed on October 15, 2019, the ALJ set the deadline to intervene as

December 2, 2019.

17. In Order No. 3 filed on November 5, 2019, the ALJ granted WKG Enterprises, Ltd.'s

motion to intervene.

18. In Order No. 4 filed on December 11, 2019, the All granted the following motions to

intervene:

NAME DATE FILED 1.Keith Clifton November 25, 2019 2. Michael Adams December 2, 2019 3. Wendy Anderson December 2, 2019 4. Tom Bartzen December 3, 2019 5. Stanley Beall December 2, 2019 6. Wanda Beall December 2, 2019 7. Terry Billups December 2, 2019 8. Steve Ekberg December 2, 2019 9. Lenda Fidelman December 2, 2019 10.Stephen Finnerty December 2, 2019 11.Durinda Fisher December 2, 2019 12. Roland Foerster December 2, 2019 13.Paul Michael Freeman December 2, 2019 14.Todd Hewell December 2, 2019 15. Robert Hobbs December 2, 2019 16. Elizabeth James December 2, 2019

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NAME DATE FILED 17.Sean Jeffrey December 2, 2019 18.Pamela Jeffrey December 2, 2019 19.Norman Johnston December 2, 2019 20. Janet Johnston December 2, 2019 21. Patricia Jones December 2, 2019 22. Matthew C. Kunkle December 2, 2019 23. Hannah Kunkle December 2, 2019 24. Marc Lester December 2, 2019 25. Brian MacKay December 2, 2019 26. Kelley MacKay December 2, 2019 27. Bart McDonald December 2, 2019 28. Brian Meader December 2, 2019 29. Clark Miller December 2, 2019 30. Lila Morisee December 2, 2019 31. Charles Stephens December 3, 2019 32. Matthew Stockton December 2, 2019 33. Joan Swalwell December 2, 2019 34. Joseph Tatem December 2, 2019 35. David Thompson December 2, 2019 36. Douglas Tomlinson December 2, 2019 37. Wayne "Skip" Hill December 2, 2019 38. Susan Ann Clark December 2, 2019

19. On December 2, 2019, Mr. Hill filed a request for a hearing on the merits. Subsequently,

on December 6, 2019, Mr. Hill filed a motion to withdraw his request for a hearing.

20. Mr. Hill, in his capacity as authorized representative for the majority of the intervenors,

agreed to Route 2. The remaining intervenors did not oppose Route 2.

21. In Order No. 4 filed on December 11, 2019, the ALJ granted Mr. Hills motion to withdraw

his hearing request.

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Description of the Transmission Line

22. Commission Staff recommends, and TMNP and the intervenors do not oppose, that route

2 is the route that best addresses the requirements of PURA' and the Commission's rules.

23. The proposed transmission line will be double-circuit-capable.

24. Route 2 is not opposed by the directly affected landowners on the route.

25. Route 2 consists of the following routing segments: A-T-0-J-K-L-M-N-X.

26. Route 2 comprises noticed segments that were not changed or modified from the segments

in the application and that were identified together as filed route 2.

27. Route 2 is 3.6 miles in length.

Route Adequacy

28. No party filed testimony or a statement of position challenging whether the application

provided an adequate number of reasonably differentiated routes to conduct a proper

evaluation, and no party requested a hearing on route adequacy.

29. The application provided an adequate number of reasonably differentiated routes to

conduct a proper evaluation.

Adequacy of Existing- Service and Need for Additional Service

30. The proposed facilities are necessary for the service, accommodation, and convenience of

the public, based on the Texas Department of Transportation's requests to TNMP to

relocate a portion of the existing transmission line in order to widen State Highway 121.

Only a portion of the transmission line will be affected. The Department of Transportation

is expanding the highway due to numerous casualties on that stretch of highway.

Alternatives to the Project

31. Due to the necessity of the highway expansion, there are no feasible alternatives to the

proj ect.

Probable Improvement of Service or Lowering of Consumer Cost

32. The requested CCN amendment will not adversely affect TMNP's ability to provide

reliable service.

I Public Utility Regulatory Act, Tex. Util. Code §§ 11.001-66.016.

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Effect of Granting the CCN on Other Utilities

33. TNMP is the only electric utility involved in the construction of the proposed transmission

facility.

34. The requested CCN amendment will not adversely affect service by other utilities in the

area.

Estimated Costs

35. The estimated cost of the transmission line routes in the application ranges from $6,715,474

to $11,567,997.

36. With an estimated cost of $6,715,474, route 2 as proposed in the application is the least

expensive route of the nine application routes.

Prudent Avoidance

37. There are five habitable structures in the study area within 300 feet of the centerline of

route 2. This route has the fewest such habitable structures among the nine application

routes.

38. TNMP has routed the proposed consensus route 2 in accordance with the Commission's

policy of prudent avoidance.

Community Values

39. To develop community values for the proposed transmission facilities, TNMP held a

public-participation meeting. There were 43 attendees at the public meeting.

40. TNMP received 15 questionnaires at the public meeting and 16 questionnaires by mail after

the meeting. TNMP received information from landowners, local, state, and federal

agencies and incorporated it into the analysis and TNMP's eventual selection of the routes

filed in the application.

41. The proposed transmission line will have minimal impacts on community values.

Using or Paralleling Compatible Rights-of-Way and Paralleling of Property Boundaries 42. Route 2 will utilize 6,237 feet of existing compatible transmission line right-of-way, which

is the most of any of the proposed routes.

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43. Route 2 does not parallel other existing electric transmission lines, but the route parallels

existing public roads and highways for 11,862 feet, or approximately 2.24 miles.

44. Route 2 uses or parallels existing compatible corridors and apparent property lines to a

reasonable extent.

Engineerin2 Constraints

45. TNMP did not identify any engineering constraints that would prevent construction of the

transmission facilities along route 2.

Other Land Uses and Land Types

a. Radio Towers and Other Electronic Installations

46. There are no commercial AM radio transmitters located within 10,000 feet of the centerline

of route 2.

47. There is one known FM, microwave, or other electronic installation within 2,000 feet of

the centerline of all of the alternative routes.

48. The presence of the proposed transmission facilities along route 2 is not likely to adversely

affect communication operations in the proximity of the route.

b. Airstrips and Airports

49. There are no airports registered with the Federal Aviation Administration (FAA) with at

least one runway longer than 3,200 feet located within 20,000 feet of the centerline of

route 2.

50. There are two airports (Tejas Stone Ranch and Flying T Ranch) registered with the FAA

with runways 3,200 feet or less in length within 10,000 feet of the centerline of route 2.

Transmission line structures are expected to exceed a 50:1 horizontal slope from the closest

point of the closest runway for only Tejas Stone Ranch.

51. There is one private airstrip located within 10,000 feet of the centerline of route 2.

52. There are no heliports within 5,000 feet of the centerline of route 2.

53. There will be no significant impacts to any airports, airstrips, or heliports anticipated from

construction of the proposed route.

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c. Irrigation Systems

54. The proposed route 2 does not cross pasture or cross cropland with irrigation systems.

55. There will be no significant impacts to mobile irrigation systems crossed by the proposed

consensus route.

Other Route Attributes

56. The proposed route 2 does not cross pastureland.

Recreational and Park Areas

57. There are no parks or recreation areas within 1,000 feet of the centerline of the proposed

route 2.

58. The proposed transmission line will have no adverse impact on parks and recreational

areas.

Historical and Archeological Areas

59. Route 2 does not cross and is not within 1,000 feet of any areas listed on the National

Register of Historic Places or of any cultural resource sites.

60. There is one prehistoric archaeological site located within 1,000 feet of the centerline of

all alternative routes. It is located 25 feet from the centerline of line segment M. The

right-of-way for this segment is 50 feet wide.

61. Route 2 has the second shortest length of right-of-way across areas of high archeological

site potential, at 10,788 feet.

62. The proposed route 2 will have minimal impact on historical or archeological areas.

Aesthetic Values

63. Route 2 is not located within the foreground visual zone of any parks or recreational areas.

64. Route 2 is within the foreground visual zone of interstate, United States, or state highway for 19,234 feet.

65. Route 2 is within the foreground visual zone of farm-to-market roads for 13,995 feet.

66. The proposed transmission line will have minimal impact on aesthetic values.

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Environmental Intemritv

67. The study area traversed by route 2 is primarily rural, mostly in agricultural use with

scattered residential areas. There is also some commercial development in the area.

68. HDR obtained information from the United States Fish and Wildlife Service (USFWS) and

TPWD regarding the possibility of encountering any endangered or threatened species in

the area affected by the proposed transmission line.

69. HDR evaluated the potential impacts of the proposed transmission line on endangered and

threatened species.

70. HDR evaluated potential impacts to soil and water resources, the ecosystem (including

endangered and threatened vegetation and fish and wildlife), and land use within the study

area.

71. No significant impacts to wetland resources, ecological resources, endangered and

threatened species, or land use will result from construction of the proposed transmission

facilities.

72. Route 2 does not cross known or occupied habitat of federally listed endangered or

threatened species.

73. TNMP will mitigate any effect on federally listed plant or animal species according to

standard practices and measures taken in accordance with the Endangered Species Act.

74. Route 2 is not parallel within 1,000 feet to any natural streams or rivers. TNMP will span

all surface water crossed by any of the alternative routes.

75. The Commission does not expect the construction, operation, and maintenance of the

proposed transmission facilities to adversely affect surface water or groundwater in the

area.

76. Route 2 does not cross any 100-year floodplains.

77. TNMP will protect raptors and migratory birds by following the procedures outlined in the

following publications: Reducing Avian Collisions with Power Lines: The State of the Art

in 2012, Edison Electric Institute and Avian Power Line Interaction Committee,

Washington, D.C. 2012: Suggested Practices for Avian Protection on Power Lines: The

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State of the Art in 2006, Edison Electric Institute, Avian Power Line Interaction

Committee, and the California Energy Commission, Washington, D.C. and Sacramento,

CA 2006; and Avian Protection Plan Guidelines, Avian Power Line Interaction Committee

and United States Fish and Wildlife Service, April 2005. TMNP will take precautions to

avoid disturbing occupied nests and to take steps to minimize the burden of construction

of the transmission facilities on migratory birds during the nesting season of the migratory

bird species identified in the area of construction.

78. The main effect of the transmission facilities on vegetation will result from clearing the

right-of-way of woody vegetation and mowing or clearing herbaceous vegetation.

79. TNMP will minimize the amount of flora and fauna disturbed during construction of the

proposed transmission line.

80. TNMP will revegetate cleared and disturbed areas using native species and consider

landowner preferences and wildlife needs in doing so.

81. TNMP will avoid causing, to the maximum extent possible, adverse environmental impacts

to sensitive plant and animal species and their habitats as identified by TPWD and the

USFWS.

82. TNMP will implement erosion control measures and return each affected landowner's

property to its original contours unless otherwise agreed to by the landowners. It is

appropriate that TNMP not be required to restore original contours and grades where

different contours or grades are necessary to ensure the safety or stability of the proposed

transmission line's structures or the safe operation and maintenance of the transmission line.

83. TNMP will exercise extreme care to avoid affecting non-targeted vegetation or animal life when using chemical herbicides to control vegetation within rights-of-way. The use of chemical herbicides to control vegetation within rights-of-way must comply with the rules and guidelines established in the Federal Insecticide, Fungicide, and Rodenticide Act and with the Texas Department of Agriculture regulations.

84. TNMP will use best management practices to minimize the potential impact to migratory birds and threatened or endangered species.

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85. If construction of the transmission facilities impacts federally listed species or their habitat

or impacts water under the jurisdiction of the United States Army Corps of Engineers or

the Texas Commission on Environmental Quality, TNMP will cooperate with the United

States Fish and Wildlife Service, the United States Anny Corps of Engineers, and the Texas

Commission on Environmental Quality to accomplish necessary permitting and any

required mitigation.

TPWD Comments and Recommendations

86. TPWD was provided a copy of the application, including the environmental assessment for

the project.

87. In a letter dated December 10, 2019 and filed on December 16, 2019, TPWD provided

comments and recommendations concerning the transmission line and referenced the

recommendations the agency provided to HDR dated May 2, 2019, prior to the application

filing date.

88. Before beginning construction, TNMP will undertake appropriate measures to identify

whether a potential habitat for endangered or threatened species exist and respond as

required.

89. The standard mitigation requirements included in the ordering paragraphs in this Notice of

Approval, coupled with the TNMP construction and mitigation practices, are reasonable

measures for a utility to undertake when constructing a transmission line and are sufficient

to address the TPWD's comments and recommendations.

90. This Notice of Approval addresses only those TPWD recommendations and comments for

which there is record evidence.

91. No modifications to the proposed transmission facilities are required as the result of the

recommendations and comments made by TPWD.

Permits

92. Before beginning construction of the proposed transmission facilities, TMNP will obtain

any necessary permits or clearances from federal, state, or local authorities.

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93. Before beginning construction of the proposed transmission facilities, TNMP will obtain

any necessary permits from the Texas Department of Transportation if the facilities cross

state-owned or maintained properties, roads, or highways.

94. TNMP will obtain a miscellaneous easement from the General Land Office if the

transmission facilities cross a state-owned riverbed or navigable stream.

95. TNMP committed, before commencing construction, to obtain a general permit to

discharge under the Texas pollutant discharge elimination system for stormwater

discharges associated with construction activities as required by the Texas Commission on

Environmental Quality. In addition, because more than five acres will be disturbed during

construction of the transmission facilities, TNMP committed, before commencing

construction, to prepare the necessary stormwater-pollution-prevention plan, to submit a

notice of intent to the Texas Commission on Environmental Quality, and to comply with

all other applicable requirements of the general permit.

96. Before construction, TNMP will obtain all permit or regulatory approvals that are required

from the United States Army Corps of Engineers, the United States Fish and Wildlife

Service, the Texas Commission on Environmental Quality, the Texas Historical

Commission, the state historic preservation offices, and Collin County.

Coastal Management Program 97. No part of the proposed transmission facilities is located in the boundary of the Coastal

Management Program as defined in 31 Texas Administrative Code (TAC) § 503.1(b).

Effect on the State's Renewable Energy Goal 98. The Texas Legislature established a goal in PURA § 39.904(a) for 10,000 megawatts of

renewable capacity to be installed in Texas by January 1, 2025. This goal has already been met.

99. The proposed transmission facilities cannot adversely affect the goal for renewable energy development established in PURA § 39.904(a).

Lhnitation of Authority

100. It is reasonable and appropriate for a CCN order not to be valid indefinitely because it is issued based on the facts known at the time of issuance.

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101. Seven years is a reasonable and appropriate limit to place on the authority granted in this

order to construct the proposed transmission line.

Informal Disposition

102. At least 15 days have passed since the completion of all notice requirements in this docket.

103. There are no unresolved requests for a hearing.

104. No hearing is needed.

105. Commission Staff recommended approval of the application.

106. This decision is not adverse to any party.

II. Conclusions of Law

The Commission makes the following conclusions of law.

1. The Commission has jurisdiction over this application under PURA §§ 14.001, 32.001,

37.051, 37.053, 37.054, and 37.056.

2. TNMP is a public utility as defined in PURA § 11.004(1) and an electric utility as defined

in PURA § 31.002(6).

3. TNMP must obtain the approval of the Commission to construct the proposed transmission

facilities and provide service to the public using that line under PURA § 37.053.

4. The application is sufficient under 16 TAC § 22.75(d).

5. TNMP's application complies with the requirements of 16 TAC § 25.101.

6. TNMP provided notice of the application in compliance with PURA § 37.054 and 16 TAC

§ 22.52(a).

7. The Commission processed this docket in accordance with the requirements of PURA, the

Administrative Procedure Act,2 and Commission rules.

8. The proposed transmission facilities using route 2 are necessary for the service,

accommodation, convenience, or safety of the public within the meaning of PURA

§ 37.056(a).

2 Tex. Gov't Code ch. 2001.

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9. The proposed route complies with PURA § 37.056(c)(4) and 16 TAC § 25.101(b)(3)(B),

including the Commission policy of prudent avoidance, to the extent reasonable to

moderate the impact on the affected community and landowners.

10. The Texas Coastal Management Program does not apply to the proposed transmission line

and the requirements of 16 TAC § 25.102 do not apply to the application.

11. The requirements for informal disposition in 16 TAC § 22.35 have been met in this

proceeding.

12. The requirements for administrative approval in 16 TAC § 25.101(b)(3)(C) have been met

in this proceeding.

III. Ordering Paragraphs

In accordance with these findings of fact and conclusions of law, the Commission issues

the following orders.

1. The Commission amends TMNP's CCN number 30038 to include the construction and

operation of the proposed transmission facilities along route 2 identified in the application,

as provided in this Notice of Approval.

2. TNMP must consult with pipeline owners or operators in the vicinity of the approved route

regarding the pipeline owners or operators' assessment of the need to install measures to

mitigate the effects of alternating-current interference on existing natural gas pipelines

paralleled by the proposed electric transmission facilities.

3. TNMP must conduct surveys, if not already completed, to identify pipelines potentially

affected by the transmission facilities and cooperate with pipeline owners in modeling and

analyzing potential hazards because of alternating-current interference affecting metallic

pipelines being paralleled.

4. TNMP must obtain all permits, licenses, plans, and permission required by state and federal

law that are necessary to construct the proposed transmission line. If TNMP fails to obtain

any such permit, license, plan, or permission, TNMP must notify the Commission

immediately.

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5. TNMP must identify any additional permits that are necessary, consult any required

agencies (such as the United States Army Corps of Engineers and USFWS), obtain all

necessary environmental permits, and comply with the relevant conditions during

construction and operation of the proposed transmission facilities.

6. Before commencing construction, TNMP must obtain a general permit to discharge under

the Texas pollutant discharge elimination system for stormwater discharges associated with

construction activities as required by the TCEQ. In addition, because more than five acres

will be disturbed during construction of the transmission facilities, TNMP must, before

commencing construction, prepare the necessary stormwater-pollution-prevention plan,

submit a notice of intent to the TCEQ, and comply with all other applicable requirements

of the general permit.

7. In the event TNMP encounters any archeological artifacts or other cultural resources during

project construction, work must cease immediately in the vicinity of the artifact or resource

and the discovery must be reported to the Texas Historical Commission. In that situation,

TNMP must take action as directed by the Texas Historical Commission.

8. Before beginning construction, TNMP must undertake appropriate measures to identify

whether a potential habitat for endangered or threatened species exists and must respond

as required.

9. TNMP must follow the procedures to protect raptors and migratory birds as outlined in the

publications: Reducing Avian Collisions with Power Lines: The State of the Art in 2012,

Edison Electric Institute and Avian Power Line Interaction Commission (APLIC),

Washington, D.C. 2012; Suggested Practices for Avian Protection on Power Lines: The

State of the Art in 2006, Edison Electric Institute, APLIC, and the California Energy

Commission, Washington, D.C. and Sacramento, CA 2006; and Avian Protection Plan

Guidelines, APLIC and USFWS, April 2005. ETT must take precautions to avoid

disturbing occupied nests and take steps to minimize the impact of construction on

migratory birds during the nesting season of the migratory bird species identified in the

area of construction.

10. TNMP must exercise extreme care to avoid affecting non-targeted vegetation or animal life

when using chemical herbicides to control vegetation within the right-of-way and must

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ensure that such herbicide use complies with the rules and guidelines established in the

Federal Insecticide, Fungicide and Rodenticide Act and with Texas Department of

Agriculture regulations.

11. TNMP must minimize the amount of flora and fauna disturbed during construction of the

transmission line, except to the extent necessary to establish appropriate right-of-way

clearance for the transmission line. In addition, TNMP must revegetate using native

species and must consider landowner preferences and wildlife needs in doing so.

Furthermore, to the maximum extent practicable, TNMP must avoid adverse

environmental impacts to sensitive plant and animal species and their habitats as identified

by TPWD and USFWS.

12. TNMP must implement erosion control measures as appropriate. Erosion control measures

may include inspection of the right-of-way before and during construction to identify

erosion areas and implement special precautions as determined reasonable to minimize the

impact of vehicular traffic over the areas. TNMP must return each affected landowner's

property to its original contours and grades unless otherwise agreed to by the landowner or

landowners' representatives. TNMP need not restore original contours and grades where

a different contour or grade is necessary to ensure the safety or stability of the project's

structures or the safe operation and maintenance of the line.

13. TNMP must use best management practices to minimize the potential impact to migratory

birds and threatened or endangered species.

14. TNMP must cooperate with directly affected landowners to implement minor deviations in the approved route to minimize the impact of the transmission line. Any minor deviation

to the approved route must only directly affect landowners who were sent notice of the transmission line in accordance with 16 TAC § 22.52(a)(3) and landowners that have agreed to the minor deviation.

15. TNMP is not authorized to deviate from the approved route in any instance in which the deviation would be more than a minor deviation, without further amending its CCN.

16. If possible, and subject to the other provisions of this Notice of Approval, TNMP must prudently implement appropriate final design for this transmission line so as to avoid being

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subject to the FAA's notification requirements. If required by federal law, TNMP must

notify and work with the FAA to ensure compliance with applicable federal laws and

regulations. TNMP is not authorized to deviate materially from this Notice of Approval to

meet the FAA's recommendation or requirements. If a material change would be necessary

to comply with the FAA's recommendations or requirements, then TNMP must file an

application to amend its CCN, as necessary.

17. TNMP must report the transmission line approved by this Notice of Approval on its

monthly construction progress reports before the start of construction to reflect the final

estimated cost and schedule in accordance with 16 TAC § 25.83(b). In addition, TNMP

must provide final construction costs, with any necessary explanation for cost variance,

after completion of construction and when all charges have been identified.

18. The Commission limits the authority granted by this Notice of Approval to a period of

seven years from the date this Notice of Approval is signed unless the transmission line is

commercially energized before that time.

19. The Commission denies all other motions and any other requests for general or specific

relief, if not expressly granted. 7) 6d

Signed at Austin, Texas the day of March 2020.

PUBLIC UTILITY COMMISSION OF TEXAS

STEVEN LEARY ADMINISTRATIVE LAW JUDGE

W2013 q:\cadrn\docket management\electric\ccn\50xxx\50075 noa.docx

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