II. Background
We allowed PacifiCorp to construct most of the transmission line at issue in D.06-10-047. That decision left open for hearings and further evidentiary submissions a short piece of the route at the southern end, which D.06-10-047 termed the "First Project/Southern Portion" (Southern Portion). In D.06-10-047, we defined this segment of the route as follows:
The Southern Portion is all of the First Project south of pole 15/44, including any proposed construction between pole 8/45 and the Weed Junction substation, between pole 10/47 and the Weed Junction substation, or south of pole 19/45.3 All of this construction is in dispute and subject to hearings. Therefore, PacifiCorp may not commence this construction, or pre-construction work, until we render a decision on the Southern Portion.
Several homeowners (collectively, Homeowners) along the Southern Portion filed protests.4 The City of Weed also filed a protest,5 but later withdrew it.6
The Homeowners protest aspects of the Southern Portion because it would create a new transmission corridor across pastureland adjacent to or on their properties. They propose an alternate route for the relatively short stretch of transmission line that PacifiCorp proposes on or near their property on several grounds, with a principal focus on environmental impact.
Each of the issues raised by the Homeowners was the subject of an October 5-6, 2006 evidentiary hearing and post-hearing briefing in November 2006. In addition, two of the Homeowners, Don and Judy Mackintosh (Mackintoshes) filed a motion asking the ALJ to keep the hearing record open for the submission of additional evidence regarding hydrological conditions in the pasture where PacifiCorp proposes its line.7 PacifiCorp opposed the motion in part.8 We discuss the motion below.
3 All pole references are contained in Proponent's Environmental Assessment (PEA) Maps, page 7 of 7 (Appendix A to D.06-10-047).
4 Don and Judy Mackintoshes' Protest to PacifiCorp Application to Construct a New Transmission Line, filed Dec. 30, 2005; Chris and Shelly Pappas' Protest to PacifiCorp Application to Construct a New Transmission Line, filed January 12, 2006; and Leonard and Barbara Luiz's Protest to PacifiCorp Application to Construct a New Transmission Line, filed January 17, 2006.
5 City of Weed's Protest to PacifiCorp Application to Construct a New Transmission Line, filed January 24, 2006.
6 [City of Weed's] Withdrawal of Protest, filed June 14, 2006.
7 Revised Motion to Leave Record Open Upon Conclusion of Hearing, filed October 5, 2006.
8 Response of PacifiCorp to Revised Motion to Leave Record Open Upon Conclusion of Hearing, filed October 29, 2006.
