Commission Meeting Agenda Item No. 9
Presenter: Jason Estrella

Action
Request for Utility Easement – Palo Pinto County
Approximately 0.1 Acre at Lake Mineral Wells State Park and Trailway
March 24, 2022

I.      Executive Summary: Oncor Electric Delivery Company (Oncor) is requesting an easement to provide 12.47 kV electric service from Oncor’s Southeast Substation south of Lake Mineral Wells State Park and Trailway to Perfect Power Solutions Texas, LLC.  (PPST) energy storage facility north of the state park.  This energy storage project is being constructed in pursuit of the Electric Reliability Council of Texas goal of improving the reliability and flexibility of the Texas electrical system.

II.     Discussion: Lake Mineral Wells State Park and Trailway consists of 3,064 acres of western cross timbers habitat and includes the 640-acre Lake Mineral Wells.  The Trailway is twenty miles long, running from northwest of Weatherford into the downtown district of Mineral Wells.

The Oncor Southeast Substation is located approximately 700 feet south of the Trailway while the energy storage facility owned by PPST is located approximately 125 feet north of the Trailway.  The proposed non-exclusive easement would be no more than 100 feet long across the Trailway and no more than 30 feet wide and will be bored under and across the Trailway.  Oncor requires 30 feet as minimum space between their equipment and the edge of the easement.  Texas Parks and Wildlife Department (TPWD) staff finds that this method of installation will minimize impacts to the SP.

TPWD staff has been in discussion with Oncor representatives to review route analyses and discuss ways for the project to comply with Texas Parks and Wildlife Code chapter 26, which states that the Texas Parks and Wildlife Commission may authorize the issuance of an easement if it finds there is no feasible and prudent alternative to the use or taking of TPWD land and that the project includes all reasonable planning to minimize harm to the land.

III.   Recommendation: The staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts the Resolution attached as 
Exhibit A.”

---

Commission Agenda Item No. 9
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Request for Utility Easement Covering Approximately 0.1 Acre of Real Property in Palo Pinto County

 

Resolution

            Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates Lake Mineral Wells State Park (SP) and Trailway for an array of conservation and recreation values providing fishing, hiking, camping, and a variety of day use opportunities for the public; and,

            Whereas, Oncor Electric Delivery Company (Oncor) operates a substation south of the SP and Perfect Power Solutions Texas, LLC (PPST) operates an energy storage facility north of the SP; and,

            Whereas, Oncor requests a 30-foot easement to bore under the Trailway at Lake Mineral Wells SP for the purpose of a 12.47 kV distribution line, running from the substation south of the Trailway to the PPST energy storage facility north of the Trailway; and,

            Whereas, TPWD staff finds this method of installation will minimize impact to the SP and Trailway; and,

            Whereas, the Texas Parks and Wildlife Commission (Commission) finds that as required by Texas Parks and Wildlife Code (PWC) chapter 26, notices of today’s hearing of this matter were published at least once a week for three consecutive weeks in newspapers of general circulation which are published at least six days a week in the communities nearest to the SP in which such newspapers are published (the Ft. Worth Star Telegram in Tarrant County), with the last day of publication being not less than one week or more than two weeks before the date of today’s hearing; and,

            Whereas, the Commission finds, in accordance with PWC, chapter 26, that (1) there is no feasible and prudent alternative to the use or taking of such land (Easement) and  (2) the program or project that requires the use of an easement includes all reasonable planning to minimize harm to the land; and,

            Whereas, the Commission finds that the grant of an easement subject to conditions that will minimize harm of the easement to the SP and Trailway is in accordance with PWC section 11.301; and,

            Now, therefore, the Commission authorizes the Executive Director to take all necessary steps to negotiate terms and conditions under which an easement may be granted, and to grant an easement to Oncor for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

            Adopted and approved this 24^th  day of March, 2022.

---

Commission Agenda Item No. 9
Exhibit B

Location Map for Lake Mineral Wells State Park (SP) and Trailway in Palo Pinto County

---

Commission Agenda Item No. 9
Exhibit C

Vicinity Map for Lake Mineral Wells State Park (SP) and Trailway
40 Miles West of Fort Worth

---

Commission Agenda Item No. 9
Exhibit D

Area Map of Lake Mineral Wells SP and Trailway
Location of Oncor’s Requested Easement in Yellow
State Park and Trailway Boundary in Red

---

Commission Agenda Item No. 9
Exhibit E

Map of Requested Easement Route
Route of Oncor’s Requested Easement in Green
Trailway Boundary in Red