ST9302-CS 950508 ,-.,
· Public Utility Commission of 'l'exas
7800 Shoal Creek Boulevard Robert W. Gee
Austin, Texas 78757 * 512/4580100 Chairmare
May 8, 1995
Mayor Tom Morton
City of Coppell
P.O. Box 478 --
Coppell, Texas 750 19
Dear Mayor Morton:
As you will recall, you and I met in January to discuss the proposed
transmission line upgrade that Texas Utilities was contemplating at that
time. Since that meeting, we have had a number of letters and phone calls
from your constituents raising a number of issues with regard to the
upgrade. I talked to your attorney, Mr. Lainbeth Townsend, late last month
and he advised that TU has not yet made any decisions with regard to the
line, and that you and the city council had not decided whether to take any
actions. He also told me that the issues raised in the letters were still of
concern to you and the residents of Coppell, so I thought I would write you to
address some of those points.
First, I would ask that you express our appreciation to all the citizens of
Coppell who wrote, called and sent us petitions. lake the city, we are keenly
aware that the tax dollars of your citizens pay our salaries, so we are always
happy to hear from concerned citizens. Normally, we would file such letters
in a "comment" file, and the Commissioners would consider them when they
decided the case to which they related. Since we do not have a pending case,
the letters are being retained by our consumer affairs division. If a case is
filed, I will direct consumer riftairs to file 311 the letters in that case.
I need to note that this is not a "formal" opinion of the Commission or the
Chairman. I want to give you a summary of some of the rules and other
actions of the Commission that relate to the citizen concerns, but you should
look to Mr. Townsend for formal legal advice. As I told you at the meeting,
Mr. Townsend is held in very high regard here at the Commission, and I am
sure that he will give you a top-notch briefing on your options.
The Commission has rules which regulate a transmission line upgrade.
Under those rules, a utility may not upgrade a transmission line above 230
KV without obtaining a Certificate of Convenience and Necessity CCCN').
For upgrades that are below that level, the utility must notify the
Commission at least 30 days prior to the upgrade. The Commission may
require additional facts or call a public hearing to determine whether a CCN
is required. If the change to the transmission line is due to the requirements
of a governmental body for purposes of highway transportation, public safety
or air and water quality, a utility has to send the same type of notice to the
Commission and could be subject to the same type of hearing. A copy of the
Commission rule (§23.31) is enclosed for your information.
If TU Electric decides to upgrade its transmission facilities within Coppell, it
must also follow PUC Substantive Rule §23.44. That rule requires the utility
to comply with the provisions of the American National Standards Institute,
Incorporated, the National Electrical Safety Code and other codes and
standards that are generally accepted by the industry, except as mollified by
the Commission or by municipalities. You may want to consult with your city
attorney or Mr. Townsend to determine whether Coppell has enacted any
codes and standards for transmission lines which might apply to this
situation.
Some of the citizens who wrote the Commission have expressed concerns
regarding their private property rights and the impact of a transmission line
on their property values. As you are aware, the Commission does not have
any jurisdiction over private property rights. The Commission does not
compel any landowner to part with their land, nor does the Commission set
the prices that the utility may have to pay for any easements or land
purchases. With regard to the concern over the loss of property value, the
Commission does consider land use and possible devaluation of property
when evaluating the impact on "community values" of a CCN for a
transmission line.
A number of citizens expressed concerns regarding Electro-Magnetic Fields,
or "EMF". In March 1992, the PUC commissioned a report entitled, "Health
Effects of Exposure to Powerline-Frequency Electric and Magnetic Fields,"
which states that, "the evidence at this time is insufficient to conclude that
exposure to EMF from electric power transmission lines poses an imminent
or significant public health risk." The PUC continues to monitor reports on
EMF and has added EMF concerns to its policy of "prudent avoidance." This
report is available in the PUC library as well as other literature on EMF.
PUC librarian, Dr. Helen Clements, can assist you in obt_~ining this
information and may be reached at 5 12-458-0 133.
The Commission's "prudent avoidance" policy covers not only EMF effects but
safety and preservation of natural resources in general. The Commission
reviews new construction of transmission lines for distance from habitable
structures such as residences, businesses, schools, churches, hospitals,
nursing homes, etc., (200 feet), AM radio transmitters (10,000 feet), F1VI radio
transmitters (2,000 feet), mrstrips (10,000 feet), parks and recreational areas
(1,000 feet), and historical and archeological sites (1,000 feet).
A formal review and analysis is performed on new construction of
transmission facilities, and an informal review is performed on alterations
and rebuilding of existing transmission facilities. It is important to note that
EMF is proximity limited. That is to say, the level of EMF decreases rapidly
as the distance from the source increases. Generally speaking, upgrading a
transmission does not necessarily increase the EMF. The level of EMF in the
vicinity of the transmission line may be affected by several factors such as
height of the poles, conductor arrangement, electrical voltage of the line, or
electrical current flowing through the line. The PUC report on EMF,
mentioned earlier, contains a discussion about the EMF from transmission
lines as well as other helpful information about the EMF in general.
I appreciate the opportunity to address your concerns and, again, thank you
for taking the time to visit the PUC regarding these matters. Should you
have additional questions or require further assistance, please feel free to
contact me at 512-458-0182 or Mr. Paul Irish in our Consumers Affairs
Division at 5 12-458-0224.
Sincerely,
Eddie M. Pope
Chief of Staff to the Chairman
Public Utility Commission of Texas
cc: Lambeth Townsend
Dan Bohanan, on behalf of TU Electric