APSC FILED Time: 1/27/2015 3:25:42 PM: Recvd 1/27/2015 3:24:41 PM: Docket 14-113-u-Doc. 6

BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION

IN THE MATTER OF THE APPLICATION OF ARKANSAS) ELECTRIC COOPERATIVE CORPORATION FOR A ) CERTIFICATE OF CONVENIENCE AND NECESSITY ) DOCKET NO. 14-113-U TO CONSTRUCT, OWN, AND OPERA TE CERTAIN ) TRANSMISSION FACILITIES IN FAULKNER AND ) PULASKI COUNTIES )

PETITION TO INTERVENE OF SIX E FARMS, LLC

Comes now, E Six Farms, LLC, by counsel, Raymond Harrill, Attorney at Law PA, and

for its petition to intervene, states:

1. E Six Farms, LLC (hereinafter, "Intervenor") is an Arkansas limited liability

company whose registered agent for process is Edward Six, of 5423 Batesville, Pike, North

Little Rock, AR 72120. It is erroneously referred to in the Landowner Listing, which is attached

to the application filed herein by AECC as "Six E Farms LLC," as landowners numbered 3,4,

and 5. The address of the entity as listed also contains a typographical error as "5413

Batesville Pike~ instead of 5423 Batesville Pike.

2. Intervenor is the record owner of the real property in Faulkner County Arkansas

which is described in extended legal descriptions in the attached copies, exhibits 1 and 2,

(deeds to the affected property owned by the Intervenor which were recorded in the office of the

Circuit Clerk of Faulkner County on November 18, 2002 as instruments 2002-24026 and 2002-

24027).

3. On or about December 31, 2014 Arkansas Electric Cooperative Corporation

(AECC) filed its notice (Notice) of filing of application for Certificate of Environment Compatibility

and Public Need (CCN) and sent a copy to the Intervenor along with a letter stating that the

Intervenor owns property which may be traversed by a transmission line sought to be

constructed by AECC. If AECC's application is granted, the proposed transmission line will

APSC FILED Time: 1/27/2015 3:25:42 PM: Recvd 1/27/2015 3:24:41 PM: Docket 14-113-u-Doc. 6

traverse the property owned by Intervenor. As such, Intervenor has standing to intervene in this

matter.

4. At the time AECC filed its application, the Intervenor had not yet filed a plat of its

proposed real estate residential subdivision which is directly traversed by the planned powerline

of AECC. The planned subdivision has been under development since at least December 2001

but not filed for record due to additional planning which was required. AECC was provided a

copy of the plant which Intervenor filed for record with the Circuit Clerk of Faulkner County on

December 30, 2014. The Intervenor has invested substantial time and thousands of dollars of

out-of-pocket expense to Hope Engineers, Inc., and others, to plan the development and obtain

preliminary estimates of costs of development, including, but not limited to paving, curbing,

surveying, and platting.

5. The Intervenor met with representatives of AECC, presented the plat, discussed

the problem with the proposed route, and preliminary agreement has been reached concerning

rerouting, such that if implemented, dispute over the necessity of the CCN should be eliminated.

However until compromise is formalized, Intervenor seeks to be made a party herein in order to

protect its interest in its property.

6. Rule 6.03(b)((2)(C) requires the Commission to hear evidence of the general

economic and environmental impact of the proposed facility, one purpose of which is to choose

a location with the least generally adverse economic and environmental consequences. In the

course of selecting a location the Commission may modify one of the proposed locations if it is

in the public interest. In this instance, were the power line route not relocated, the Intervenor

would suffer serious adverse economic consequence because the route, as proposed, cuts

directly across multiple proposed residential building sites which would effectively remove them

from the market. An alternate route has been discussed with AECC which would obviate some

of the economic adverse consequences.

APSC FILED Time: 1/27/2015 3:25:42 PM: Recvd 1/27/2015 3:24:41 PM: Docket 14-113-u-Doc. 6

7. Rule 3.04(a)(1) allows intervention by any person having an interest which may

be directly affected by the commission's action in which interest is not adequately represented

by other parties. For the reasons above stated, the Intervenor satisfies the criteria, and should

be allowed to intervene as an official party in these proceedings.

8. The undersigned attorney for the Intervenor should be included on the list for

service of notices of these proceedings

Wherefore, E Six Farms, LLC, requests that this petition be granted, and that it be

provided the right to participate immediately as an official party to these proceedings.

j~~ Isl Raymond Harrill Raymond Harrill, Attorney at Law, P.A. Attorney for the Intervenor PO Box 21098 Little Rock, AR 72221 telephone: 501-223-3158 fax: 501-213-0142 email: raymond. harrill@sbcglobal.net

Certificate of service

I certify that I placed a true and correct copy of the foregoing pleading in the United States mail, postage prepaid, to counsel, and the persons listed below and on the commission's official service list on this 27th day of January, 2015:

Party for APSC General Staff Fran Hickman Counsel APSC General Staff - Legal 1000 Center Street P 0 Box400 Little Rock, AR 72201 Phone: (501) 682-5881 Fax: (501) 682-5864 Email: Fhickman@psc.state.ar.us

Administrative Law Judge for APSC Presiding Officer Cindy Uhrynowycz Counsel APSC General Staff - Legal 1000 Center Street P 0Box400 Little Rock, AR 72201 Phone: (501) 682-5879 Fax: (501) 682-5864 Email: cuhrynowycz@psc.state.ar.us

APSC FILED Time: 1/27/2015 3:25:42 PM: Recvd 1/27/2015 3:24:41 PM: Docket 14-113-u-Doc. 6

Attorney of Record for Arkansas Electric Cooperative Corporation Lori Burrows Counsel Arkansas Electric Cooperative Corporation PO Box 194208 1 Cooperative Way Little Rock, AR 72219 Phone: (501) 570-2147 Fax: (501) 570-2264 Email: lori.burrows@aecc.com

Initiating Party for Arkansas Electric Cooperative Corporation Stephen Williams Counsel Arkansas Electric Cooperative Corporation PO Box 194208 Little Rock, AR 722194208 Phone: (501) 570-2269 Email: steve.williams@aecc.com

14~~~ Isl Ravmond Ham/I

Raymond Harrill

APSC FILED Time: 1/27/2015 3:25:42 PM: Recvd 1/27/2015 3:24:41 PM: Docket 14-113-u-Doc. 6

:" Mail 1·ax Swauent& to:

, fL~1.flJIJ ·\ I:

E Six Farm hotala. Ll.C S413 BatcsWl~ Pik.t1 North Little Rock, Arbmas 71120

KNOW ALL BY THESE PRESEN'l'S

lllAT Edward Six• Tl'Uite~ oftbt Paw V. Six 1n<' Lo11:1to P. Six ~icable Uving Truat, created uoder imtrumeDt datbd Deccmlbtt 18, i. 990, < iRANTOR, haviq ~ duly : iu.mcd u Tnutu in such instrwneat, IQd punuant lo the power of sale \losted in 11uch bustu by auch inliawric1w, for and in conaidcrabou of the sum of Tdll Do.llan {$10.CIO), paid by E Six Farm Rt:na.ls, I.LC, u . AtbDau lintihid lillbility company, GRAN".rf!E. the recoipt of which ii Mrciby ecknowledged. hcrd>y .;ranis. bupint:, selw and ~wys lb: to tho Chllalee nnd uato ii$ NCCo&IOr.I and uaig111 fore~r. all of tlw riaht, tido, int~it, ~wry and etita~ of ffiV~TOR , in and to dte following lands located in Faullcn« County, Atkanlaa:

TR.ACT J: BBGINNING AT THE SE CORNER t)F SE 114 Nl~ Ji-4 Sl:C!l"ION 25, T-4.N, R.-12-W; NORTH ALONG l'IIE EAST SHCTIC N LINE OF SECTION !S 1~-- 2': 'fHBNCB WEST 143'; THENCE SOUTH TO THE sourn LD~'E OF 1HE SE 114 O:f' lliE '. '1E 1/4; mEN EAST ALONG THE soum LINE OF THE SE 11-1 TO THE POINT OF B l!GflolNING.

TRACT2: BEGINNING AT THE NECCIRNEROFTIIE SE 1/4 OFT HE NE 1/4, SE.CTION2S, T-4-N, R­ll·W, THENCE. SOtlTii Al.C•NG THE EAST SECfHlN UNB OF SBC1'10N 2S, lS3.2S' TO THE POINT OF BEGll'.~, THENCE W'.eST 127'; THENCE SOUTH 138'; nlENCE EAST TO nm EAST UNE O,F SECCTON 2$; THEN NOlll Ii Al,(>NG me EAST UNE OF SECTION 25 TO THB fOINT OP 'B!OINNINO.

To have ud ro bold bl s;~ m .ra ~ O.rameo, and unto 11$ i:u. :ceuon and •ips for~. with all rmemt.nts, llJ>pwuruance& and 11.eroditamenta tbMeUn1 ) bdlonging.

,.- , IN WITNESS WHEREOl:, th<:< iranror bu belalnto set Iii~ hai:-d uu. ft . day 0£~002.

nns INST.llUMENT PREPARED BY: WOLFF LAW FIRM, P .A 900 s. Shacklef'otd Throe: FinlACial Centre, Ste. 401 Litdo Rock. AR 72211 (50l) 954--8000

~ Z:0/Z:0 3~d

30 I .:BJ X3<I3.:I

S;.J b 'fci',~'. Six, T~dOi~. Six and Louiao P. Si.•: lrro·1'0cablc Uviq TNSl, ctcatiecl under wtrwlMIDC c~ud D1cembcr 18, 19g()

541 :I Ba1is.-.villo Pike lS°2J!h.l.i!t1C Rock. Arbnsu 7212Q Gralltetl'~ Address

Doet12e0a- C?40i!6 O.te 11/l&rci82 8';,.S:UI fll'I filtd & Recorded in j ~!!f~~ ~;t;' of 8 <Jf 1(} SltAROlf RIMftEil fWHER COllHTY ClfCCUIT a.£Al Ftes JJJ,18 b)'~ o.c.

SL -u~S~G 10S t t:Gt St0l/9l /t0

APSC FILED Time: 1/27/2015 3:25:42 PM: Recvd 1/27/2015 3:24:41 PM: Docket 14-113-u-Doc. 6

,,.·- ·· ..

TRUSTEE'S DF.ltl> KNOW ALL BY 1HESE PRESENTS:

Mail Tax Staiemeuts to: E Six F atD111, LLC 5413 BatosVI'Ue Pib North UUlt Rock, Arbnns 72120

"tHAT Edwmd Six as 1''ruafl'C of the Paul V. Six a.od Louu., P. Six krevocablo Uvjqg Trust, created Wider instruaaeot dated Doceinber l 8, 1 Sl90, t'.Jl tANTOJ~ having beel1 cl lily ni uned aa Truatu in auch imaumeat. and punuant to the power of &&11' vetted in suc;h tnatee by :such iNawnent. for 1md in conaideratiou of dlO 5UD'1 of Tea Dollars ($10.00), paid by B Six Farms, LLC, ao Arlca:Gtu limitod liat:iilit)' c.ompally, GRANTEE, thct rc=ipc of which it hereby acknowlcdgod, bdroby gmats, ba :pinal, ..:Ua llMI convey. uot.o the Orantco and unto i~ succcuora and 8"ipa forever, all of the right, ritlo, imatisi, oqtity aod Ct&t&lt ofGRAN'J"OR, ill Biid to tho tbllowina; laad6 locatcd in Faulkner Coun()', Altanw:

nm s ~OF THEN Ya l)F UIB NE \4 • 20 ACRES M·:>RJ~ OR LESS; nm s Vt OF THE NR 11-4, 80 ACRES, MORE OR l..J '.SS; AU .. OF THAT PAl~T C·f TRE NE% OP THB SW~ LYING NORTH OF PEUSIMHON BltANCH, 5 AC:R HS ~!ORE Oil L'ESS; AND ALL OF TIIAT PART OF THE NW ~4 •>F TH.ESE 1/4, L YIN< l N<J;~TH OF PERS.IMMON BRANCH, 30 ACRES, MORE Oll J.ESS, UL Of SAID LANDS 8SUIG lN SEC"fION 2S, T<4N, R.12W

LESS AND EXCEPT l'l.tE FQ;U)WJHG TWO TRAC ·rs.

TRACfl: BEG.INNING ATTHES.ECOE.NEROFSE 1/4 NB J/4 SECTION 2.S, T-4-N, R-12-W;NORllf ALONG 1llE EAST SBC:TIOl\ LINE CIF SECTION 2~ 182' THENCE WE.ST 143'; TIIENCE SOUIH TO THE SOUTH UNE OP THB SE 114 OF TI IE N: ~ 114; THEN EAST ALONG ·rHE soum LINE Of THE SE J/4 TO THE POINI' OF BEGINlillNG. TRACT2: BEGINNING AT THE N.E COINER.OF THE SE 1/4CiP1'11E.NI!1/4, Sl?CTION2S, T-4-N, R· 12-W, THENCE SOUTH ALmro THE EAST SECTION U lllE OF SECTION 2S, 153.251 TO 'THE POINT OF BEGINNING. l'HENc:e WEST 127'; i ·KENCB SOUTH 138'; lllENCE EAST TO THE BAST LIN£ OF SBC:r. 'ON 2$; mEN NOllU1 Al.(ING THB EAST LINE OF SECTION 2j TO THE P(IINT OP BEGINNING.

1111$ INSTllUMENT PRBPAUD BY: WOl..PF LAW FIRM, P.A. 900 s. Shlddeford Threo FinatM.ial Centre, Ste. 401

/ . h \ LittJe lWck. All. 12211 rr• CSOl?f ~ 'l:.HJ~I T _D.C.

Z:0/t0 39Qd 30I.:1.:ll X3<13.:I SL tt7St7G UIS tt:Gt St0l/9l /t0