099-  1101.3
	  	)
					    	COMMISSIONERS' COURT AGENDA REQUEST
			 	PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST
					 	AND DOCUMENTS TO BE REVIEWED BY THE COURT
			 	MADE BY:    	Rob Henneke			     	OFFICE:   	County Attorney
			 	MEETING DATE:    	September 21, 2010	    	TIME PREFERRED:
			 	SUBJECT:   	Confer with county attorney regarding pending LCRA CREZ litigation.
			 	EXECUTIVE SESSION REQUESTED:  (PLEASE STATE REASON)     	Yes
			 	NAME OF PERSON ADDRESSING THE COURT:	 	Rob Henneke
			 	ESTIMATED LENGTH OF PRESENTATION:
			 	IF PERSONNEL MATTER - NAME OF EMPLOYEE:
				  	Time for submitting this request for Court to assure that the matter is posted  in
				  	accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
				   	Meeting scheduled for Mondays:		   	5:00 PM previous Tuesday
			 	THIS REQUEST RECEIVED BY:
			 	THIS RQUEST RECEIVED ON:						    	@	    	.M.
			  	All  Agenda Requests  will  be  screened  by  the County Judge's  Office  to  determine  if adequate
			  	information  has  been prepared for the Court's formal  consideration  and action at time of Court
			  	Meetings.   	Your  cooperation  will  be  appreciated  and  contribute  towards  your  request  being
			  	addressed  at the  earliest opportunity.   	See  Agenda Request  Rules  Adopted  by  Commissioners
			  	Court.
			  	Make sure any and all back up material is attached to this form.
															    	ATTACHMENT6
															    	Page 57 of 65
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								DIRECT TESTIMONY OF
						 	KERR COUNTY JUDGE PAT TINLEY
							 	TABLE OF CONTENTS
		     	ATTACHMENTS
		    	SOAH DOCKET NO. 473-10-5546			2			  	DIRECT TESTIMONY
		    	PUC DOCKET NO. 38354				  	KERR COUNTY JUDGE PAT TINLEY
						  	SOAR DOCKET NO. 473 -10 -5546
								PUC DOCKET NO. 35354
		   	APPLICATION OF LCRA					BEFORE THE STATE OFFICE
		   	TRANSMISSION SERVICES		  	§
		   	CORPORATION TO AMEND ITS	    	§
		   	CERTIFICATE OF CONVENIENCE AND   	§
		   	NECESSITY FOR THE PROPOSED	  	§			  	OF
		   	MCCAMEY D TO KENDALL TO	    	§
		   	GILLESPIE 345 -KV CREZ		    	§
		   	TRANSMISSION LINE IN SCHLEICHER,   	§
		   	SUTTON, MENARD, KIMBLE, MASON,    	§
		   	GILLESPIE, KERR, AND KENDALL	 	§	 	ADMINIS I'RATIVE HEARINGS
		  	COUNTIES
								DIRECT TESTIMONY
								   	OF
					     	KERR COUNTY JUDGE. PAT TINLEY
							   	ON BEHALF OF
						     	KERR COUNTY, TEXAS
							 	SEPTEMBER 28, 2010
						  	SOAR DOCKET NO. 473 -10 -5546
								PUC DOCKET NO. 38354
		   	APPLICATION OF LCRA		     	§	 	BEFORE THE STATE OFFICE
		   	TRANSMISSION SERVICES
		   	CORPORATION TO AMEND ITS	    	§
		   	CERTIFICATE OF CONVENIENCE AND   	§
		   	NECESSITY FOR THE PROPOSED	  	§			  	OF
		   	MCCAMEY D TO KENDALL TO	    	§
		   	GILLESPIE 345 -KV CREZ		    	§
		   	TRANSMISSION LINE IN SCHLEICHER,  §
		   	SUTTON, MENARD, KIMBLE, MASON,    	§
		   	GILLESPIE, KERR, AND KENDALL	 	§	 	ADMINISTRATIVE HEARINGS
		   	COUNTIES				     	§
						     	DIRECT TESTIMONY OF
							KERR COUNTY JUDGE PAT TINLEY
			1    	Q.     	PLEASE STATE YOUR NAME, TITLE, AND BUSINESS ADDRESS.
			2    	A.     	My name is Pat Tinley and my business address is 700 Main Street, Kerrville, Texas.
			3    	Q.     	CAN YOU PLEASE BRIEFLY DESCRIBE YOUR. BACKGROUND FOR 155?
			4    	A.     	[AI,tYlx a3R� }ili?1, /6'{F:`.F1   	t `���..�e.�'1 4 ,PS.�.�t�.3 1 I "!� .tBIdlYlefl.Ye d[1P)e�  q 1.  '• ��t6$f )ZY�0.Y .e!  .:C`Y.ix
			5	    	nut: ;A=i4-A1			1,6   	it gl.e  '"-11 a4gl  14 "  4, .d  a		     	t.,
			6			Y  rc  �9�?Gl  ,}E ,6  ?.  -0  a�iY:(9 e�gSiS.�at  YG (b. 74  F.' e  O  LY.  ' tJ		:Rae ' 4S  (i
			7		 	vk _'it  .1, ®(f,rvk`5,. -e,, H °.lt_.ga ��l S.dett  S m7nn,2 {.1  31 }d.;.j,Sat   	Zii   	Pf _T. es�ilsl.�.gi., te(  1 .19,
			8	    	¶f4$ ;,Yr'f  l.itq'. fpf`IiiTs ,ee  .s {, {fuc   	ekli  I3a .t..f`'?=l§  E  i'  K �v )atr CL Y;[e {c3ei  let iii(`
			9	    	44t1   	l,deT;�t 94i_ "t %J :S  1�.3 tei'+. �le4  a¢7e §xN "�l€3fi ¢iTl�'r =1'1  4"Ii
	     	10			� ° a.si:. xs,. + :i  Ii iE  .C. =t Ia3  t -: qlq.�  eininwitinmie a` , =a it��,  lqt  �ieS7.Ix  UI'lislt <iFl.x;; 1e
	     	11					 	zr'S3;e$'sG  -' '2r17; 51,11P ',  4-  k
	     	12						     	I iii.lit =Fa  lei  '-0DY:
		   	SOAH DOCKET NO. 473 -10 -5546			3			  	DIRECT TESTIMONY
		   	PUC DOCKET NO. 38354				  	KERR COUNTY JUDGE PAT TINLEY
	   	•
		 	1    	Q.     	ON  WHOSE  BEHALF  ARE  YOU  PRESENTING  TESTIMONY  IN  THIS
		 	2	    	PROCEEDING?
		 	3    	A.     	I am presenting testimony on behalf of Kerr County, Texas.
		 	4    	Q.     	WHAT IS THE PURPOSE OF YOUR TESTIMONY IN THIS PROCEEDING?
																	     	•
		 	5    	A.     	The purpose of my testimony is to describe the impact of the proposed transmission
			6	    	line from the McCamey D to Kendall substations on Kerr County.
			7    	Q.     	DOES  A  PORTION  OF  THE  PROPOSED  MCCAMEY  D  TO  KENDALL
			8	    	TRANSMISSION LINE TRAVEL THROUGH KERB COUNTY?
			9    	A.     	Actually,  several  of the  links  comprising  various  routes  of the  McCamey  D  to
																	Deleted: However, Ibe County is only
	     	10	    	Kendall proposed transmission line traverse through the County. ,			    	opposed to the construction of the
																	proposed transmission line along Links
																	Y16, Y 178, YI8, Y19B, Y20 and Cl a.
	     	11    	Q.     	CAN YOU PLEASE DESCRIBE WHERE LINKS Y16, Y17B, Y18, Y19B, Y20
	     	12	    	CIA. 857A, C3. C:9, C6, C8 CROSS THROUGH KERR COUNTY?
	     	13    	A.     	Yes.  Links Y16, Y17B, Y18, Y19B, Y20 dross through the northwestern portion of
																	     	•
	     	14	    	Kerr County, through the northern portion of the City of Kerrville,  along the I -10				•
	     	15	    	corridor.  A map showing these links in relation to the County lines is attached to my
															   	,.{ Deleted: es		    	3
	     	16	    	testimony as Attachment A.  Links CIa. B57a, C3, C9, C6, C8 also cross,through the
	     	17	    	northwestern portion of Kerr County, close to the northeastern boundary of Kerrville.
																	     	•
	     	18    	Q.     	IS THE COUNTY IN FAVOR OF LINKS Y16, Y17B,  YI8, Y19B, Y20 AND
	     	19	    	OA?
															     	Deleted: , as stated above, die County
	     	20    	A.     	No,											     	opposes Y198, use of Links Y16, Yn8,
		   	SOAR DOCKET NO. 473 -10 -5546			4			  	DIRECT TESTIMONY
		   	PUC DOCKET NO. 38354				   	KERR COUNTY JUDGE PAT TINLEY
																	     	•
		 	1    	Q.     	WHY DOES  KERR COUNTY OPPOSE  THE  CONSTRUCTION OF LINKS
		 	2	    	Y16, Y17B, Y18, Y19B, Y20, CIA, 857A, C3, C9, C6, AND C8?			  	.{ Deleted: AND
		 	3    	A.     	Kerr County supports the City of Kerrville's efforts at further economic development
		 	4	    	of its  northern  boundaries,  especially  along the  I -10  corridor.  The  area  in  north
		 	5	    	Kerrville  is  some  of  the  most  well - primed  land  in  Kerr  County  for  future
		 	6	    	development, due to its beauty and its convenient location to the amenities located in
		 	7	    	Kerrville.  In fact, several residential development prniects_ such as what is referred to
		 	8	    	as Whiskey Canvon along route Cl A, are in progress. The County projects that the
		 	9	    	nextlikeluLrowth in residential development will he oft shoot hm from Hhwav_16,
			10	    	north of I-10  : residentialdevelopment in this area would he directly suppressed by
			11	    	the construction of transmission  lines  uleng__outes cla.  h57r\ c3  c9,  c(. and  c8.
	     	12
	     	13
			14
	     	15			  	`_,.$ The County wishes to  encourage development within  Kerrville
	     	16	    	because  this  will  increase  the  County's  tax  base.   	Construction  of a  large  and				'..
															    	.{ Deleted: Kerrville
	     	17  I	  	unsightly  transmission  line  in  northern  j5 County,  especially  along  the  I -10
	     	18	    	corridor, will discourage businesses and potential residents from locating their homes
	     	19	   	and businesses in this area.
	     	20		   	Conversely, construction of the proposed transmission line along I -10 will not
	     	21	    	only discourage the further development of Kerr County in the Kerrville area, it may
	     	22	    	result in the relocation of Kerr County residents outside of the County.  This would
	     	23	    	have the effect of shrinking the County's tax base.  A reduced tax base will result in
		    	SOAH DOCKET NO. 473 -10 -5546			5			  	DIRECT TESTIMONY
		    	PUC DOCKET NO. 38354				  	KERR COUNTY JUDGE PAT TINLEY
										    	•
		 	1	    	fewer tax revenues for the County.  Reduced revenue to the County will decrease the
		 	2	    	level of services we are able to offer the citizens of Kerr County.  For example, Kerr
		 	3	    	County  maintains  all  of the  county  roads  within  the  county.   	Kerr  County  also
															     	{ Deleted: emergency and	   	J
		 	4	   	provides jaw enforcement services to county residents, while emereencv services are
		 	5	    	riled through a cooperative effort involving interloca] agreements between Kerr
															     	[ Deleted: [ROE .CAN YOU VERIFY') )
		 	6	    	Count\  and the . _City" of Kerrville .. along . _with , service of volunteer fire departments„  ."
		 	7	    	Kerr County jointly funds with the City of Kerrville the Butt- Holdsworth Memorial
		 	8	    	Library.   	Kerr County  also jointly  owns  with  the  City  of Kerrville  the  Kerrville
		 	9	    	Municipal Airport/Louis Schreiner Field.  Furthermore, Kerr Coui4y provides to the
			10	    	entire county, including within the City limits services for road repair, animal control.
																	Deleted: [WHAT ELSE DOES KERR
			11	    	and environmental health.,								     	couxrY -brnl11
																  	DO THE LINKS   	OSS OVER
																	ANY COUNTY 0    	D LAND O�R
																	EASEMENTS ORERFERE WITH
																	COUNTYPROJE  $4
			12    	Q.     	ARE THERE OTHER CONCERNS THAT THE COUNTY HAS?
			13    	A.     	Yes.   	The  County  has  concerns  about  the  aesthetic  impact  on  the  County  from
			14	    	construction of large and unsightly  transmission  lines  in  Kerr County,  specifically
															     	{ Deleted: from
			15	    	with hretz  rd__to  S¢ks Y16, Y17B, YI8, Y19B, Y20  Cla_657Ac3, c9._c6. and c8.  .     	Deleted: and
			16	    	We are proud of our beautiful scenery in here in the Hill Country.  The links listed
																	Deleted: Kerrville			)
			17	   	run along and irreparably mar what we consider the scenic gateway to Mir County.
			18	   	This is the "first impression," so to speak, of Kerrville and Kerr County.  We are
			19	    	fearful that potential residents and businesses will see the huge transmission line and
	     	20	    	will decide to locate elsewhere   	r"7, yir,v '41/tr k, :,iiasyaa:!.1;: t is : 6,4;1,7(.49011,4*
	     	21	    	?le rj1   	f 14,P✓'e�P ti`L:f4l` °.  1/ otatti'S )a7 er;f:t  ,,,roll cYL,4x  7e7  •1,:o rt3 /
	     	22	    	$9t1"4 :- 1'¢  I Y, r"i   	63414S,:la 1  !idl  a:`e -  q 2  �y  i.Vie;  i  Y;  ip  it l to  f.�fa(. a'`
															    	, , {Deleted:
	     	23  j	  	y Trat4ttP i. it&M»f ..  trot t l    	f «  1T    	3a1`   	+:. ,As  stated above,  Kerr County
		    	SOAH DOCKET NO. 473-10-5546			6			  	DIRECT TESTIMONY
		    	PUC DOCKET NO. 38354				  	KERR COUNTY JUDGE PAT TINLEY
		 	1	    	encourages the development of Kerrville and we are fearful that the greatly reduced
																	Deleted:
		 	2	    	aesthetics anti reduction inv_operts, ialuesjesulting from the line will »tp}>res_s future  .::.   	Deleted: scare potential new citizens
																	off and even drive away current citizens.
																	[Mobthty/bat5c issuna7 Anydrmg else/
		 	3	    	residential construction development, thus hinderingsrowth in this community,
			4    	Q.     	WHAT IS KERR COUNTY'S RECOMMENDATION AS TO THE ROUTING
			5	    	OF THE PROPOSED TRANSMISSION LINE FROM THE MCCAMEY D TO
			6	    	KENDALL SUBSTATIONS?
			7    	A.     	The County would prefer the use of a route that does not make use of Links YI6,
																	Deleted: and
			8	    	Y17B, Y18, Y 19B , Y20„,,C l a_b57A  a =_ cy  c6  and c8.  Kerr County realizes that all
			9	    	potential routes, including the preferred route, traverse some portion of Kerr County.
	     	10	    	However, the County believes that construction of the proposed transmission line on     	/
															     	l Deleted: and Cl a		 	J
	     	11	    	Links Y16, YI7B, Y18, Y1 9B, Y20 C1a, bS7A, c3, c9  c6. and c8 would have the  .
	     	12	    	most detrimental effects on the County.
	     	13    	Q.     	HAS  THE  COUNTY  MADE  AN  OFFICIAL  STATEMENT  OF  ITS
	     	14	   	POSITION?
															   	,. { Deleted:				J
	     	15    	A.     	Yes.  On June 14. 2010. the Kerr County Commissioners' Court by unanimous vote ,.-
															     	Deleted: adopted
	     	16	    	entered its Order Igo 31763  dating its Resolution.C'RA and the PUC setting out		Deleted: No.		   	J
	     	17	   	the  Commissioners  Court  position  on  the  routing  of the  line.   	A  copy  of this
	     	18	    	resolution is attached to my testimony as Attachment
	     	19    	Q.     	IS  THIS   	THE  FIRST  COUNTY  RESOLUTION  ADDRESSING  THE
	     	20	    	ROUTING OF THE PROPOSED TRANSMISSION  LINE?
	     	21    	A.     	No.   	The  Commissioners  Court  had  previously :adopted. Resolution  No.	 	on
	     	22		   	.  A  copy of this  resolution  is  contained  in the  Environmental  Assessment
		   	SOAH DOCKET NO. 473 -10 -5546			7			  	DIRECT TESTIMONY
		   	PUC DOCKET NO. 38354				   	KERR COUNTY JUDGE PAT TINLEY
	     	•
		 	1	    	included in LCRA's application.  This resolution no longer expresses the position of				   	_
															     	{ Deleted:.		    	7
		 	2  I	  	the Commissioners Court,
			3    	Q.     	PLEASE  EXPLAIN WILY THIS  EARLIER RESOLUTION WAS  ADOPTED
			4	    	AND  WHY  IT  NO  LONGER  EXPRESSES  THE  POSITION  OF  TILE
			5	    	COMMISSIONERS COURT.
			6    	A.     	When Resolution No.		was adopted, the proposed design of the transmission line
			7	    	and the location of the substations associated  with the transmission  line were very
															    	.  Comment [Al]: The only map I am
					 	x						^	    	v	     	1		 	aware of hat  a te a bi h  p o
			8	    	different  a?aC„"�a�y`�•�+�r� ?LtIIK�   	t+= iti�7�"S�s•�rt   	est Wlm,f�i »e «t  YeY�?t� =r.7o�
																	the LCRA o'ginal plens Does LCRA r
																	have the earlier drag maps of its proposed
			     	[.	   	t ' +   	X-F  .s									 	mores on its website or in the
			9	    	p J: �Di �����`�ItPY$69���  Y>}ald'y:.j el  esi�'  `$e "S�TC'61;1[f�a�: ? tali 'td's1�-  irift   	,�tf�l }rq is		applicetion7
	     	10	    	7 9iiiikfil 06; a   	)  if  i1 #le  toe tx Pi; :T  f t.;:   	3 /&•-••: , Mom; ]e   	eral, %B e Xis
	     	11	    	st  t  ( 1.49 - # 11f ?l5t   	Yr  a) thglilgebli dt}iMO   	11.   	I1t�yaticlE  :reldl i aY xIIiI  x;alSnl(
	     	12	    	laiii?.;o} s7�tTi  t }il , J. 10:i S,' c;.43 ;i1 wit ti'ts1:X . t t-i9 tktYg7;' -,1 iYa  qn� foSN.3   	.t  ..s e" `/1(1 iT
																	Deleted: [Add mop about wheretbe
					   	a   	-    	o									 	stations were, Ihe imp ct ao the oounry' of
	     	13	    	a fiTa, 3 l� le " " r[A ` `f'?   	r
																-"     	those ]pcati'ona, and  .reason why l -lb
															     	was Teen as ageod as  e:Also adda
															     	statement crew abou now that the
															     	design and routing pr   	sale are
	     	14    	Q.     	DOES  THE  COUNTY  HAVE  A  RECOMMENDATION  AS  TO  WHICH		ddrerentwhythe   	donofthe County
															     	has changed There is apparently amap
															     	show  the	 	t
	     	15	    	ROUTE THE COMMISSION SHOULD PICK?					    	rtaading eoisideraua n formerd g] -lees look at
															     	Deleted:		    	_
	     	16    	A.     	Yes.  The C:oritth. maintainsthe.posnion adopted in its tune 19, 2010  resolution that
	     	17	   	the  route  that  most  completely  fulfills  the  criteria  established  through _  Texas
	     	18	    	Gtility Code and Texas Administrative Code is the northern route which extends from
	     	19	    	McCamev  T)  eastward  to  Menard  and  east southeast to  Mason  and  southeast  to
	     	20	    	Fredericksburg  and  south  into  Comfort  and  more particular's  described  b  map
	     	21	    	designations as follows: P1 -P2a (or P21 P3   	P4a(or P4b) — P5 — P6a (or P6h) —
	     	22	    	P7_   	P8a____Syoutearound /through  Fredericksburg  at  choosing  of  Gillespie
	     	23	    	Countv:Fredericksburg) —A3.
		    	SOAR DOCKET NO. 473 -10 -5546			8			  	DIRECT TESTIMONY
		    	PUC DOCKET NO. 38354				  	KERR COUNTY JUDGE PAT TINLEY
		 	1    	.__   	Howeve,_Kerr  County  would  also  support the  McCauley  D  io Kendall  Preferred
		 	2	   	Rpute,
		 	3    	Q.     	DOES THIS CONCLUDE YOUR TESTIMONY?
		 	4    	A.     	Yes, it does.
		   	SOAH DOCKET NO. 473 -10 -5546			9			  	DIRECT TESTIMONY
		   	PUC DOCKET NO. 38354				  	KERR COUNTY JUDGE PAT TINLEY