The most important thing I want to convey to you is that the only way to fully protect your rights is to participate as an intervenor if a proposed transmission line may affect your property.

I believe the best thing you can do is to request to intervene in the proceeding when
you get a letter notifying you that your property may be affected by a new transmission line.
You may represent yourself or hire an attorney to represent you.

Intervenors are parties to the case and may have certain legal rights as directly-affected landowners, including the right to participate in the case and any settlement or mediation relating to the case. Intervenors also have the right to appeal any decision of the PUC.

If you only comment on the proposed line, your comments are not treated as evidence.
You also will not have the right to make discovery requests to obtain facts about the case, receive notice of a hearing or copies of testimony, receive notice of negotiations, file testimony or cross-examine witnesses, or appeal the PUC's decision .

The PUC may select either the utility's preferred route or any of several alternate routes it includes in its application for consideration by the PUC. 

Do you have questions? Landowners often have questions about:

• whether the proposed line is necessary, 
• the size of the poles and number of wires, 
• the width of the right-of-way, and 
• the effect of the transmission line on their land values, the environment, and their health.

The concerns of landowners who do not participate in this process often are not presented and thus not taken into account during the PUC’s review, so it is important that you consider filing a request to participate as an intervenor in the PUC’s review of a utility's application for approval of a transmission line. Changes to proposed routes may result because of the discussion of issues during the PUC’s review of an application to approve a transmission line.

The PUC has pre-approved the need for transmission lines in competitive renewal energy zones (CREZ), which are areas where wind generation facilities will be installed in West Texas and the Panhandle. Transmission facilities will be built to deliver renewable power from the CREZ areas to end-use consumers in the populated areas of Texas. The primary decision for the PUC in a CREZ case is on which route the transmission line will be built.

I represent only landowners in applications for approval of transmission lines.

Please consider contacting our law firm if you are interested in obtaining information on  the PUC’s process and how you can place your concerns before the PUC. By doing this, you can help ensure that, in considering a proposed transmission line, the PUC is aware of the effect of the line on you and your property.

Deciding whether to hire an attorney, and choosing the right representation for you, is an important decision. Because I think it may help you to decide whether or not to participate in a proceeding as an intervenor, I am willing to provide to you a free, limited initial consultation with no obligation to retain or to hire our firm.

Please call me at (512) 225-0027 if you would like to talk about your rights and possible participation as an intervenor in the PUC's review of a proposed transmission line that may affect your property.

Brad Bayliff
Bayliff Law Firm PLLC
Austin, Texas