Never underestimate the power landowners have when their backs are against the wall.
Last Wednesday, July 29th, hundreds of landowners from across the state of Texas proved they can be a force to be reckoned with when they traveled to Austin, some over five hours, to the state Capitol to testify against the web of 765kV transmission lines snaking their way across the state and their private property.
The Senate Business and Commerce Committee held an interim hearing on two charges: “Assessing the State of the Texas Electric Grid” and “Managing the Impacts of 765-kv Transmission Lines on Private Property Rights.”
Chairman Charles Schwertner (R-Georgetown) opened the hearing at 9 a.m. and heard invited testimony on the two charges that lasted till 5 p.m. The session was made up of five panels that included state regulators, electric utilities, transmission providers, business organizations, and policy experts, where all but one witness promoted the 765 project. A sixth and last panel of invited testimony included impacted Texas landowners.
It was prior to this last session that the chairman of the Public Utility Commission (PUC), Thomas Gleeson, made a startling admission. He directly said lawmakers did not explicitly mandate a statewide 765kV transmission line project but admitted it was the PUC that decided to move forward with it.
It wasn’t until around 5 p.m. that the impacts on private property rights were heard. Over 200 landowners, their attorneys, farmers, ranchers and rural property owners were signed up to speak. Each was given two minutes to plead their case and voice their grievances over this horrendous plan. Their testimony lasted until 12:30 the next morning
Two minutes a piece became a beautifully unrehearsed orchestrated chorus of landowner’s personal testimony showcasing all the failures of the legal process, the lack of due diligence of the utilities, and how they and their families, land, and livelihoods would forever be altered.
Most of the landowners spoke passionately about their battles and challenges over the past six months to a year dealing with transmission and utilities providers, paying thousands of dollars for attorneys to represent them before the Public Utilities Commission (PUC), and attending untold hours in Austin at the administrative hearings.
Many landowners were forced to represent themselves before the PUC because all the experienced attorneys were taken. They had to figure out how to file the proper motions and pleadings to intervene to protect their land and property rights. During administrative hearings, they were each given 3-5 minutes to plead their case and cross-exam utility witnesses and experts.
Some explained how they never even received notice from the transmission companies that a 765 line crossed their property. Others explained how they received notice with mere days to understand what was happening, locate legal help, if available, and fill out dozens of pages of legalese before the deadline passed to intervene. It became abundantly clear to the committee members that the landowners were not afforded appropriate notice nor due process to defend their rights.
The narrative proponents had delivered – this was an emergency, the grid would shut down if the lines were not built, and those opposed were simply people who did not want it in their back yard (NIMBY). One oil and gas trade association said a few landowners’ property had to be sacrificed for the greater good.
Throughout the evening the landowners’ stories and pleas became overwhelming and the attitudes and sympathy from the committee members undecided before the hearing began to change.
Three Senators stood out as they defended the rights of the landowners. Senator Kevin Sparks (R-Midland) has been the strongest voice questioning the 765 plans since its conception. Donna Campbell (R-New Braunfels) and Lois Kolkhorst (R-Brenham) also weighed in heavily during the hearing questioning whether the lines were necessary and why instead we were not building local dispatchable power.
Senator Kolkhorst specifically asked Chairman Gleeson if the PUC had the authority to pause or stop the entire process and give the Texas Legislature a chance to modify the administrative process that had affected so many landowners.
Gleeson never gave a direct answer to the Senator. It wasn’t until 11:30 in the evening when Margaret Byfield, Executive Director of American Stewards of Liberty turned to Senator Kolkhorst and said, “to answer your question you asked Chairman Gleeson, yes, the PUC has the ability and authority to stop this 765 project.”
It was apparent that by that late hour in the evening the members of the committee knew they had been misled by the PUC Chairman.
Schwertner and Lt. Gov. Call to Deny Approval
Two days after the hearing, Chairman Schwertner publicly called for the PUC to deny the 765 CCN applications through a statement issued on “X”:
“After hearing hours of testimony from Texas landowners in the Senate Business and Commerce Committee, one thing is clear: landowners deserve a fair and transparent CCN process. Texans’ property rights must be protected.
Testimony from property owners and their representatives highlighted significant concerns regarding the certificate of convenience and necessity process (CCN), including the lack of proper notice from utilities, shortened timelines for Public Utility commission (PUC) proceedings, and due process at the State Office of Administrative Hearings. These concerns demonstrate the need for a complete overhaul of the CCN process before these applications can advance.
Accordingly, I am calling on the PUC to deny the existing CCN applications. Any reapplications need to take into consideration the concerns raised during our hearing. The Legislature will reform the CCN process next session to ensure future projects are fair and transparent.”
Lt. Governor Dan Patrick followed the next day stating in part: “Everyone agrees Texas needs the transmission necessary to meet the growing needs of the state. However, support for ERCOT’s 765-kV transmission plan should not come at the expense of private property rights.”
He then took Schwertner’s statement one step further telling the PUC to “not consider re-applications until the transmission companies can address the serious concerns raised by landowners at Wednesday’s hearing.”
“From our perspective, if the PUC denies these applications as they should, new applications will need to be coordinated with the 391 planning commissions set up to protect landowners,” stated Byfield. “This will require more accountability from the Transmission companies prior to initiating a new CCN process at the PUC.”
The PUC now faces a daunting task – deny or approve all five applications. With Chairman Schwertner, Lt. Governor Patrick and most recently Railroad Commission member Wayne Christian calling for the PUC to deny all applications, it’s almost certain more demands will follow.
The House has now also scheduled a hearing on the 765 Transmission line issue, where proponents will get a second chance to answer the critical questions raised by Texas lawmakers. The hearing will take place August 19th in the State Affairs committee.
Texas landowners will need to show up once again. Lawmakers are listening to those directly impacted, and as a result, justification for the lines is withering.
Texans must show up once again. We must stand our ground.
