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PSC defers Southern Spirit rehearing after agreement in principle on routes and condemnation

Public Service Commission · December 19, 2024
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Summary

The commission deferred rehearing on the Southern Spirit transmission certification to January after parties announced an agreement in principle that they will not condemn the Marston and Star B Ranch properties and will pursue alternate voluntary routes; the deferral passed on a 3-1 roll call.

The Public Service Commission deferred consideration of a rehearing in the Southern Spirit transmission certification after counsel for the parties announced an "agreement in principle" in which the company signaled it would not condemn the Marston or Star B Ranch properties and would pursue alternate voluntary routes while negotiations continue.

John Gron and Bobby Gillum, attorneys appearing for Southern Spirit and for the Marston intervenor respectively, described the agreement in principle and said the parties would attempt to "paper" the agreement and, if terms are finalized, file a withdrawal of the rehearing motion. Counsel said the agreement would include a pledge not to condemn those properties and to negotiate routes on a voluntary basis.

Commissioners expressed concern that property owners without lawyers should have an opportunity to be heard; the Commission paused to allow members of the public who had requested to speak to comment before taking a final vote. After allowing public participation, the Commission took a roll-call vote to defer the matter to the January docket; the chair counted three yes votes and one no vote, and the motion to defer carried.

The Commission recorded that formal, written terms will be necessary to make the agreement binding on parties and that if the parties reach a settlement they can withdraw the rehearing. The Commission instructed staff to keep the matter on the calendar for January in case the parties do not file a withdrawal before that meeting.

The deferral preserves the existing order for now while leaving both the rehearing option and the possibility of a negotiated settlement in play.