Based on the latest ACC to DOE letter on DV-2 dated 24 May (attached),
I am sure the 21 June DOE "Public Comments" meeting in Phoenix will be
mostly devoted to this important topic.

However, there is another issue that is of local concern here:

An earlier ACC to DOE letter (attached) on the National Corridors on
27 Feb stated the ACC considered the Tucson-Nogales-Mexico line as
having the highest priority in Arizona. This line was granted a CEC by
the ACC in January 2001, but the route approved by the Commission
(western route through the Coronado National Forest) was not approved
by the CNF in the Final EIS. Obviously, heavy pressure being applied
by TEP on USFS and TEP submitted a letter to DOE in Feb 2006
requesting that DOE employ its authority under EPAct 2005, Section
1221, so TEP can move on with their project and the 27 Feb comments.
Since TEP also has threatened to overturn the USFS by going to the CEQ
and have the President approved this project. As this could make a
molehill into a volcanic eruption, I am preparing a White Paper that
will show that

(1) TEP 345 kV line does not meet criteria for a National Corridor
(improve national energy independence, lower imported energy,
improve energy security, etc),

(2) EPAct is not designed to do an end run around NEPA (says it
does not change NEPA, etc),

(3) TEP's line does not meet the DOE criteria for a Presidential
permit, necessary to cross the border since it will negatively
impacts the reliability of the Western Interface (grid) power
through 13 states in US, 2 Canadian Provinces, and raises the
probability of cascading failures from British Columbia to New
Mexico and all points in between using the TEP approach, etc.
One thing we need to also watch is the SDG&E PowerLink proposal and
ensure our actions don't run counter to their plan.

Marshall

Sandy -

It was very informational to have listened to these historic
proceedings where the Arizona Power Plant and Transmission Line Siting
Committee were overturned based on the testimony and evidence
presented by the Sierra Club and other important intervenors. The ACC
Staff's recommendation to deny was especially rewarding, and the
impacts all made on the Commissioners was successful.

Tim Hogan's emphasis on Kofa Wildlife Refuge and the incomplete Siting
Committee review as required by ARS 40-360-06 may permanently change
the environmental emphasis required for an acceptable Certificate of
Environmental Compatibility (CEC), an Arizona permit to construct
power plants and/or transmission lines.

A consistent theme flowed through all comments, which you have also
summarized:

a. Why destroy Kofa and endanger the unique natural habitats used
for desert species?
b. Why pollute Arizona so California has less pollution?
c. Why should Arizonans pay $240 million so Californians save $1.2
billion in rates?
d. Why doesn't California develop local generation to meet its needs
(which means less power/energy transporting electricity hundreds of
miles, total loss)?
e. Why increase total water usage in Arizona 0.3% and increase 0.5%
NOx and other SOx, COx, Ozone, PM-2.5, PM-10, etc. air pollution
components in Arizona just to operate this electrical system so
rates are lower in California?

The recently-designated DOE Southwest National Corridor clearly
specified that non-transmission line alternatives can remove
congestion. These alternatives, local and distributed "clean"
generation by solar-electric resources on every rooftop or effective
home-wind generation can reduce peak demand, reduce electricity
infrastructure capital costs, increase reliability, and give local
control and independence from the predatory and inelastic electric
utilities concentration only on the bottom line. I expect this
decision to be a hot topic during the DOE's Phoenix "Public Comment"
session next month.

We are all happy, but lets keep supporting those involved in the
PowerLink opposition in San Diego. We definitely want Arizona's
new-found "energetic" freedoms to continue in San Diego to also stop
importing "cheap and dirty" electricity from Mexico just to
permanently ruin east San Diego County for exactly the same reasons
SCE was denied additional access to our state.

The hearing on Palo Verde 1 was also informative, with SCE being fined
$4.9 million for violation of a prior CEC and installing a
double-circuit line with only a permit for a single circuit. Chairman
Gleason successful amendment to remove one of the PV-1 circuits was a
major achievement.

Again, all Arizonans thank the "team" that keeps striving for energy
sustainability while preserving our natural environment and quality of
life.

Marshall Magruder

FYI - From Sandy Bahr (Sierra Club)

Arizona Corporation Commission Votes to Deny the Devers to Palo Verde 2
Power Line and to Protect the KOFA National Wildlife Refuge!

Today, we have some great news to share. The Arizona Corporation
Commission voted 5-0 to deny a Certificate of Environmental
Compatibility to Southern California Edison for the Devers-Palo Verde
No. 2 Transmission Line Project (DPV2), a 500 kV line proposed to run
230 miles between the Harquahala Generating Substation in Arizona and
the Devers Substation in California, including 97 miles in Arizona.
The identified route would have cut across important and sensitive
wildlife habitat, including the KOFA National Wildlife Refuge. The
denial of this certificate is great news for the Refuge and its
wildlife.

The Arizona Corporation Commission could affirm, deny, or approve with
conditions the Certificate of Environmental Compatibility which had
been issued by the Arizona Power Plant and Line Siting Committee. The
law requires that the Commission consider several factors in deciding
whether or not to issue the Certificate of Environmental Compatibility
and they must ". . . balance, in the broad public interest, the need
for an adequate, economical and reliable supply of electric power with
the desire to minimize the effect thereof on the environment and
ecology of this state." In doing so, they said no to the line and the
destruction of wildlife habitat in the KOFA.

This is really an unprecedented decision and a huge win for everyone who
cares about our wildlife refuges and other protected lands. Special
thanks to Tim Hogan and the Arizona Center for Law in the Public
Interest, who represented the Sierra Club in this process. Tim spent
countless hours before line siting and then at the Commission. We had
the best representation. Thanks also to the Arizona Corporation
Commission staff. They raised a lot of important issues and also asked
for the denial of this Certificate. Thanks to Don Begalke, who
intervened as an individual and worked very hard to present a strong
case against the line. Thanks to Ken Sweat for providing expert
testimony in the line siting process and helping us with our comments.
Thanks to Jon Findley for all his work and support through the process.
Thanks to Cary Meister and Yuma Audubon for stepping up once again to
protect those precious remote desert lands in western Arizona. Thanks
to Lon Stewart who helped with some early research to get us rolling on
this project and continued to comment throughout the process.
Thanks to all of you for caring, for writing, for emailing, and
continuing to fight to protect Arizona's wildlands and wildlife. We
sincerely appreciate it.

And a big thanks to the Arizona Corporation Commissioners, who today,
voted to do the right thing. Please take the time to send a quick note
to each of the Commissioners thanking them for their opposition to this
project. You can reach them at the address and emails below.

Arizona Corporation Commission
Commissioners Wing
1200 W. Washington - 2nd Floor
Phoenix, Arizona 85007

Chairman Mike Gleason Commissioner Jeff Hatch-Miller
gleason-web@azcc.gov hatch-web@azcc.gov

Commissioner Kris Mayes Commissioner Gary Pierce
mayes-web@azcc.gov pierce-web@azcc.gov

Commissioner Bill Mundell
mundell-web@azcc.gov

Sandy Bahr
Conservation Outreach Director
Sierra Club - Grand Canyon Chapter
202 E. McDowell Rd, Suite 277
Phoenix, AZ 85004
(602) 253-8633
fax (602) 258-6533
sandy.bahr@sierraclub.org

Tumacacori wilderness plan gets boost by Dems
Grijalva bill would protect 84,000 acres southwest of Tucson; TEP high-power line still an issue there, too

By Tim Ellis
Arizona Daily Star Tucson, Arizona
Published: 02.08.2007

Now that his party controls Congress, Rep. Raúl Grijalva says he finally may succeed in protecting the Tumacacori Highlands near Nogales. "It does make its chances of passage much better," the Tucson Democrat said last week of legislation he'll introduce in the next 30 days to designate as wilderness about 84,000 rugged, scenic acres 40 miles south of Sahuarita. That's good news to people who support the legislation, like Mike Quigley, wilderness campaign coordinator for the Sky Island Alliance. "We were optimistic before, and given the amount of support for the idea and quality of the land we're talking about, we're more optimistic than ever," he said. The rugged mountainous area surrounded by rolling grasslands is home to a wide diversity of plants and animals, including more than 70 species of rare animals and plants such as the jaguar, elegant trogon and Chiricahua leopard frog. The area also has numerous cultural and historic sites.

Designating it as wilderness would protect the scenic area and "its essential wildlife habitat and corridors," Quigley said. Grijalva said he's introduced the legislation in every session since he was elected in 2002, but because it wasn't favored by the Republican House leadership, that's about as far as it got.

This time, he said, "We're going to give it a full hearing — it's never had that before. It never went anywhere." The chances are even better since he was appointed last week as chairman of the House National Parks subcommittee, he said. On his first day in the new position, Grijalva introduced a bill to expand the boundaries of Saguaro National Park. But the Tumacacori wilderness proposal is nowhere near a done deal. Grijalva still must get his fellow lawmakers — and ultimately President Bush — to go along with designating the area as wilderness. That would prohibit mining and certain other uses, including operation of mechanized or motorized vehicles like mountain bikes and all-terrain vehicles.

Power line proposed

Many believe it also could complicate a proposal by Tucson Electric Power to build a big power line through the area to Nogales. The line would improve service to Nogales, which has been plagued in recent years by power failures and brownouts, said Joe Salkowski, TEP spokesman. Officials have proposed building the 345-kilovolt line with 140-foot-tall poles along one of two routes through the area, both of which would originate west of the mine-tailings piles west of Sahuarita and Green Valley. The proposals are now under review by state and federal officials, Salkowski said. Opponents of the proposed power line include environmentalists like Quigley, the Santa Cruz County Board of Supervisors and many local residents like Ellen Kurtz, who's been fighting the proposal since 2001. The opponents say that's more electricity than Nogales would need for the foreseeable future. TEP wants the 345-kilovolt line only so the company can sell electricity to power-starved Mexico, Kurtz said.

That's true, Salkowski said — TEP has been proposing that since before its parent company, Unisource Energy, bought the Nogales utility and other electrical and natural-gas assets from Citizens Communications Co. in 2003. But it still makes sense to build the bigger line, he said, rather than building a smaller line initially and then coming back to build a bigger line as demand grows. Because the Arizona Corporation Commission ordered TEP to improve service to Nogales — and, "recognizing that this review is going to take some time" — TEP officials are upgrading an existing power line that roughly follows the Santa Cruz riverbed east of I-19, Salkowski said. The company also built a small backup electrical-generating station near Nogales, he said.

"A Dinosaur"

Kurtz — who lives in Amado, just north of Nogales on the Pima-Santa Cruz county line — said the proposal hasn't gone anywhere because state and federal regulators see that the big power line is unnecessary. "The wilderness designation is not the reason the power line has been denied," she said. "It's been denied because it's not necessary, it costs too much, it doesn't serve the consumers, and it'll be a dinosaur."

Kurtz had hoped the power-line proposal was dead after it ran into strong local opposition and a rebuff from the Arizona Corporation Commission. In a hearing held a year ago, corporation commissioners questioned the need for a bigger power line. And they urged TEP to come up with another solution to improve service for Nogales. Opposition also has been expressed by officials with the U.S. Forest Service, which administers most of the land that would become wilderness, and Bureau of Land Management, which oversees the Pajarita Wilderness along the U.S.-Mexico border.

Kurtz, who lives just off Arivaca Road between the two proposed power line routes, said she and other opponents want TEP to build the power line along the existing route near the Santa Cruz River. Salkowski said company officials think that's a bad idea. For a second power line to be a reliable backup, they say, it should be built away from an existing line so that it's less likely that to be damaged by wildfires, for example, or lightning strikes. TEP officials have tried to accommodate residents' and environmentalists' concerns, and have put together proposals that wouldn't greatly disrupt a wilderness area, he said That's why company officials think approval of the wilderness designation for the Tumacacori Highlands does not necessarily mean the power can't be built through that area. "As we have developed this line, we have taken pains to ensure its compatibility with the environment," Salkowski said.

Contact Tim Ellis at 807-8414 or at tells@azstarnet.com.