A letter from the president of the Erath-Somervell Sub-Regional Planning Commission to Oncor Attorney Jaren Taylor outlined multiple items he said the company omitted from its application to the Public Utility Commission of Texas to build a 765-kilovolt transmission line. The letter also demands the company provide proof it can take “endangered or threatened species” in Erath and Somervell counties.
At issue is electricity delivery company Oncor’s proposed Dinosaur to Longshore 765-kV line. It stretches roughly 235 to 270 miles, depending on which route the Public Utility Commission of Texas (PUCT) picks, from Somervell County to Howard County. This is one of three proposed pathways to bring energy from East Texas into the natural gas-rich Permian Basin.
The Erath-Somervell Sub-Regional Planning Commission (ESSRPC) is a 391 Commission, which is a legal tool that allows local governments to join together to study and manage big development projects in their areas. Its membership includes officials from local governments in Erath and Somervell counties.
In the letter, Brandon Huckabee, ESSRPC president and Erath County Judge, outlined eight concerns with Oncor’s application for the proposed line.
These include failure to analyze the proposed transmission line’s impact on Erath County’s emergency management communication system, and not providing first responders with “specific details” on the power line so they could assess “the impacts and provide meaningful analysis.”
Huckabee also wrote that Oncor did not include—and later opposed including—the county historical commission’s “documented cemeteries and burial sites” in its application, failed to “adequately address the potential groundwater contamination issues” from constructing the 765-kV line, and failed to “adequately address the anticipated 40% uncompensated property loss landowners will be forced to absorb if the project is approved.”
Another concern Huckabee included in his June 29 letter was that Oncor failed “to provide adequate notice and time” for local officials to respond to solicitations for the project’s potential impacts, noting that counties were asked to respond in “21 days over the Christmas holiday season.”
Additionally, he followed up on an issue raised during the ESSRPC’s May meeting, which Taylor and another Oncor representative attended: the company’s incidental take permit from the U.S. Fish and Wildlife Service. The permit is authorization for a lawful, non-federal project that may “take” a listed species. “Take” includes actions like capturing, harassing, or killing protected wildlife.
Huckabee wrote that Oncor’s 2012 incidental take permit (ITP) permits the company to incidentally take 12 listed endangered species in the process of building and maintaining a transmission line, but that Oncor’s own environmental assessment confirms there are several endangered or threatened species not covered by their permit in the ESSRPC’s jurisdiction.
When asked about this, Huckabee wrote Taylor responded that Oncor was operating under other permits, which led the ESSRPC to believe the company had permission to proceed without having to amend the existing permit.
“We requested that you provide those [permits] to us, which you agreed to do, but as of this date, we have not received that information,” Huckabee wrote. “Therefore, we are reiterating our request to review these permits, if they do exist, prior to proceeding with any further work on this project in our jurisdiction.”
In response to a request for comment, Oncor spokesperson Andrew Clark wrote that the ESSRPC letter contained “multiple misinterpretations of the laws and regulations that apply” to the project. An example he gave was that Oncor is not required to amend or apply for new permits “related to endangered species” at this point in time.
“Any permits and other permissions that are required along the approved route will be obtained from the relevant agencies as the project progresses. This is standard for new transmission line construction,” he wrote in a statement.
Clark also wrote that the ESSRPC’s letter “falsely asserts that Oncor’s application fails to meet Public Utility Commission of Texas requirements. The PUCT has exclusive jurisdiction to approve CCN applications for new transmission lines, and this project’s application meets all requirements for approval under the Public Utility Regulatory Act and PUCT rules.”
A CCN, certificate of convenience and necessity, is PUCT approval for a project.
Clark wrote that these transmission lines are needed. “As demonstrated by the overwhelming weight of the recorded evidence within its regulatory proceeding, this project is imperative for Texas’ long-term electric reliability needs and is urgently needed to ensure reliable electric service to West Texas,” Clark wrote. “Oncor appreciates the continued engagement of local stakeholders, including the Erath Somervell Sub-Regional Planning Commission, and we look forward to the PUCT’s final decision.”
Dr. Brent Bennett of the Texas Public Policy Foundation has stated this “need” is driven by the Electric Reliability Council of Texas’ assumption the state “will continue to experience overbuilding of wind and solar, leading to new gas generation being constrained.”
Instead, he advocates for reforming the market so that more reliable thermal generation, like the natural gas the Permian Basin is rich in, can be built where the need exists.
Huckabee ended the letter warning Oncor that their current environmental assessment sent to PUCT “is insufficient and does not properly consider the impacts the project will have on our jurisdiction,” does not meet federal requirements or include a “robust analysis” of alternatives.
“Please also be aware that the development of the Federal EIS [Environmental Impact Statement] is required to be coordinated with our 391 Commission, and inconsistencies with our plans resolved prior to Federal approval,” he wrote.
Opposition to the proposed 765-kV lines is growing. More than 40 state lawmakers and the Texas Public Policy Foundation have asked PUCT to pause the project until the legislature can take it up in 2027. On June 17, PUCT commissioners unanimously voted to “abate” a decision on the first segment of the proposed lines until they take up the third segment, which is expected in August.
The state Senate Business & Commerce Committee announced it will hold a July 29 public hearing on the state grid and mitigating the 765-kV lines’ impacts on private property rights.
PUCT did not respond to a request for comment before publication.
