The Coastal Habitat Alliance responds to the objections of both AEP and the PUC staff to its motion to intervene concerning the Kenedy Co. transmission line. The AEP and PUC objections should be overruled under PUC rules. The Coastal Habitat Alliance argues that it has associational standing due to the individual standing of the ranches and/or the environmental groups that are members. In this document, the CHA responds to arguments that it does not have standing because no member group is directly impacted (e.g., physically touched) by the transmission line. Given that the transmission line is totally within the Kenedy Ranch, such an argument, if accepted, would preclude any non-governmental party outside the Kenedy Ranch from participating in this hearing. 

I. Introduction

The CHA is concerned about protecting the unique and fragile ecosystem of the Laguna Madre region. Ecological damage would affect surrounding property such as the Armstrong and King Ranches. Each environmental group that is a member of the CHA will be individually affected and therefore have standing.

The response to the objections will address the economic, recreational and environmental impacts the transmission project will have on the individual members of the CHA.

II. The Direct Mail Requirements Do Not Determine Standing

AEP argues that the CHA does not have standing because its members are not included on the list of entities notified by direct mail of the opportunity to request a hearing. . CHA argues that the standard of direct mail notification is a new standard that has not been previously used by the PUC.

In Texas, the rule on standing is that any party that can show justiciable interest has standing in a transmission case. Persons with justiciable interests have the right to standing in proceedings. The issue is not whether the CHA and its members were on a list. Instead, the issue is whether any member of the CHA has a justiciable interest in the transmission project.

III. Each Member of the CHA Has Justiciable Interest in This Proceeding

An entity has a justiciable interest when it has an individual interest that is different from that of the general public. PUC precedent shows that justiciable interest does not need to be property based but can be recreational, economic or environmental. Each member of the CHA is uniquely situated with respect to the impacts from the transmission line and its associated wind farms. Prior court cases indicate standing should be granted when such unique interests can be proven.

A. Associational Members

Four CHA members are non-profits with recreational and aesthetic interests in the region and the transmission project. CHA members do not come before the PUC with any contrived intentions.

1. American Bird Conservancy. This group has recreational and aesthetic
   interests in protecting migratory bird species. Protecting the bird species that migrate through the Texas coast and rely on the Laguna Madre is essential to the purpose of the organization.
2. The Coastal Bend Audubon Society. This group is a bird-watching organization that organizes trips to observe
   birds and other wildlife in the affected region. The society is a conservation organization dedicated to preserving the ecosystems and natural resources affected by the transmission project. The affected region is germane to the group’s existence.
3. Houston Audubon Society. This group conducts bird watching trips along
   the Gulf Coast and operates reserves along the Texas coast for migratory birds. The effects of the project on endangered migratory birds are germane to the society’s purpose.
4. Lower Laguna Madre Foundation. The foundation has recreational
   interest associated with fishing and bird watching. The non-profit’s mission is to protect the region’s natural resources. The ecological harm projected to occur from the installation of 60,000 acres of wind farms and associated transmission lines may harm the Laguna Madre.

B. Private Property Owners

AEP argues that the King and Armstrong Ranches do not have standing because they are not entitled to direct mail notification. However, as mentioned, direct mail is not a standard for deciding interested parties.

The impacts that the project will have will go far beyond the 500-foot standard used for direct mail notification. One of the proposed transmission routes is less than one mile from the Armstrong Ranch. According to an analysis by expert scientist Ron Sass, the impacts of ecological disruption and habitat disturbance on the Kenedy Ranch will be felt on adjacent ranches.
The King Ranch makes most of its revenue off of recreational activities, so it will be affected in ways far beyond the concern of the general public.

AEP’s reference to existing transmission lines around the ranches is misguided because the current lines do not interfere with migratory patterns.

C. Summary of CHA Interest

The CHA and its members have a specific economic, recreational and environmental interest in the transmission project. Ecological fragmentation will affect the two ranches and the groups that rely on the region for bird watching and other recreation. Therefore, the CHA has justiciable interest.

IV. The CHA Members Have Standing Under PURA 37.054(b)

PURA 37.054(b) establishes the standard for “standing” to object to transmission lines and provides that parties with interest in transmission proceedings may take part in hearings. Two recent transmission cases before the PUC upheld the interest standard

and rejected a strict interpretation that required proof of direct injury.

AEP’s interpretation of PURA 37.054(b) is too narrow and wrongly specifies that interested parties only apply to recipients of direct mail notices. AEP’s claim that allowing the CHA to intervene would open the gates to baseless interventions does not apply in this case since CHA members are intertwined with the affected region.

The CHA seeks to provide a diversity of viewpoints for the administrative hearings before the PUC regarding the proposed transmission line.

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