Brazos Electric Power Cooperative Transmission & Substation Project

Brazos Electric filed their application for a Certificate of Convenience and Necessity (CCN) with the Public Utility Commission of Texas (PUCT) on October 14, 2016. The case is PUC Docket No. 46429.

Brazos desires to construct a single five-acre site substation and approximately 2.04 to 4.96 miles of 138kV double circuit transmission line with single-pole structures. The proposal is known as the Kittyhawk Transmission Line and Substation Project. 

As part of their filing, Brazos identified 25 different route possibilities in Allen, McKinney, or Plano. Brazos specifically detailed six different routes that, in their opinion, best meet the PUC routing criteria. Three of these six routes involve transmission lines on SH 121 frontage in Allen and the other three routes are along SH 121 frontage in McKinney. Only one substation location and transmission line route will ultimately be selected for development and construction. 

Brazos does not have a preferred route and they are prepared to construct any route that the PUCT determines to be the best. If approved, the project will ultimately be paid for by ratepayers across the entire ERCOT grid, which is 90% or more of the electric ratepayers in Texas.

As part of the required process through PUCT, Brazos Electric notified property and landowners within 300 feet of each of the currently proposed locations and conducted a public meeting in May. Since then, Brazos has sent two additional notifications and advised property owners of their right to participate in this docket. 

What is the Role of the PUCT?


The PUCT’s job is to decide whether a transmission line application should be approved and on which route the line should be constructed. The PUCT values input from affected property owners and encourages them to participate in this process by intervening in the docket.

What is the City Doing?


The Allen City Council passed a Resolution on July 26, 2016, in opposition to this project and the City has engaged the services of an attorney who specializes in utility cases and has extensive experience dealing with cases at the PUCT.

City staff and the attorney have participated in multiple meetings with representatives from both Brazos and CoServ throughout the process. Mayor Stephen Terrell has personally met with the CoServ CEO and continually expresses his desire to protect the interests of the citizens of Allen and in particular the interests of the multiple neighborhoods along Ridgeview Drive.

In addition, City staff have attended several HOA meetings for the neighborhoods surrounding the proposed transmission lines to provide information about the project, the PUCT process, action taken by the City, and action available to residents.

The City, Allen Independent School District, several homeowners' associations (HOAs) located along Ridgeview Drive, many residents and various landowners have all been granted intervention status by the PUCT. All intervenors had the ability to file written testimony or statements of position on or before April 28, 2017.

On July 12 -14, two administrative law judges convened a hearing on the merits of Brazos Electric Power Cooperative’s application for a Certificate of Convenience and Necessity (CCN) for a potential transmission line and substation near Alma and SH 121. Three full days of testimony and cross examination were conducted at the State Office of Administrative Hearings (SOAH) in Austin.

The City of Allen offered testimony by an expert engineering witness arguing for denial of the CCN due to a lack of need. Acting Community Development Director Lee Battle also testified about the unique nature of the 121 corridor in Allen. Allen Economic Development Executive Director Dan Bowman and landowners along 121 shared the potential negative consequences of a transmission line or substation along a corridor that has been meticulously planned for high-end commercial development. Public Utility Commission (PUC) staff provided testimony that was beneficial to the City of Allen’s position that existing substations in the area are sufficient for current and future development.

The outcome of this hearing will not be known until late November. Once the administrative law judges offer their official written recommendation to the PUC, it is anticipated that a similar process of testimony will take place in front of the PUC Commissioners who have the ultimate authority to approve or deny the CCN and choose the location of the route.

What can Residents Do? 


As of September 27, 2017 there have been 687 separate filings regarding PUC Docket No. 46429. Many of those filings were Allen residents filing to intervene in the process. The vast majority of those seeking to intervene were granted status as official parties to the case and will receive procedural notifications and rights throughout the PUCT process.

Do Other Settlement Options Exist?


The City of Allen remains open to the possibility of a negotiated settlement, including options that contemplate underground burial of the transmission lines. The City, with the assistance of a very experienced attorney, remains actively involved in the PUCT case and will continue to post updates to this web page as they become available.

Where can I Find Additional Information?


Detailed information about the proposed Kittyhawk Transmission Line and Substation Project, including Brazos’ application for a CCN and all relevant filings in the case can be found at the PUC website.