24.2.4.010 Findings

(a) Verde Transmission, L.L.C., a Delaware limited liability company ("Verde"), proposes to construct a new 345 kV electric power transmission line between the Ojo Substation, near Hernandez, NM and the Norton Substation, near Santa Fe, NM, together with various ancillary facilities, to be called the "Verde Project," a project that would greatly increase the robustness and reliability of the electric transmission grid in northern New Mexico and facilitate the delivery of renewable energy to customers throughout the Southwest.

(b) Verde approached the Pueblo for the purpose of entering into negotiations for a right-of-way and permission to construct the new line.

(c) Many details of the proposed project, including the specific alignment to be followed by the line over tribal lands, must be negotiated by the Pueblo's representatives and considered by the Council.

(d) The Pueblo has decided to carry out negotiations of the project in two phases.

(e) On October 10, 2012, the Council adopted Council Resolution No SI-R12-030 (Oct. 12, 2012), which expressed interest in the Verde Project subject to the development of a proposed route acceptable to the Pueblo and authorized Verde to conduct a land survey for the proposed transmission corridor under the first phase of the project.

(f) Pursuant to Council Resolution No. SI-R12-030, the Governor has established a Pueblo negotiating team to work with Verde to review and analyze the project and determine a suitable route for the transmission lines.

(g) The second phase of the project will involve final negotiation of the right-of-way.

(h) Based on land surveys Verde has proposed three different route alternatives for the Pueblo's consideration:

(1) Route Alternative 1 – Parallel to existing 115 kV line.

(2) Route Alternative 2 – Along the northern and most of the eastern boundary of the Pueblo, entirely within Pueblo lands.

(3) Route Alternative 3- Along the eastern boundary of the Pueblo, including private lands within the exterior boundaries.

(i) The Council recognizes that Route Alternative 3 is the proposed route that best serves the Pueblo's interests.

(j) The Pueblo will require Verde to pay the Pueblo's Land Use Application Fee for the second phase of activity in accordance with Council Resolution SI-R11-032 (Oct. 20. 2011) to cover the costs incurred by the Pueblo in negotiations of the project.