36-03 Resolution
RECORD OF RESOLUTIONS
___~_aYlon_L~3~~_Bla~~. Inc., Form No. 30045
Resolution No, 36-03 Passed .20 -
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A MUTUAL COOPERATION AGREEMENT WITH COLUMBUS
SOUTHERN POWER COMPANY REGARDING THE DAVIDSON-DUBLIN
138KV TRANSMISSION LINE PROJECT
WHEREAS, the City of Dublin desires that Dublin residents and businesses shall receive
quality electrical service, with consideration to safety and aesthetics; and
WHEREAS, it is necessary that Columbus Southern Power Company (a subsidiary of
American Electric Power, Inc.) construct a 138 Kilovolt electric transmission line,
otherwise referred to as "the Davidson-Dublin Power Line" ("Line") to serve the Dublin
substation on Shier Rings Road; and
WHEREAS, the City of Dublin, Columbus Southern Power Company and potentially
effected residents/landowners have worked together to determine and agree on a route and
type of construction different than that originally proposed by Columbus Southern Power
Company; and
WHEREAS, the City of Dublin and Columbus Southern Power Company have agreed
upon a preferred route for the Line; and
WHEREAS, Columbus Southern Power Company joined by the City of Dublin and
Neighbors for Responsible Power Line Placement filed a motion with the Ohio Power
Siting Board to request a waiver of the Ohio Administrative Code requesting that only one
route for the Line be filed rather than two, thereby limiting the risk of an undesirable route
being selected; and
WHEREAS, the Ohio Power Siting Board has granted such a waiver; and
WHEREAS, a Stipulation to be filed at the Ohio Power Siting Board has been drafted by
the above joined parties to support the case for the preferred route; and
WHEREAS, Dublin City Council passed Resolution 41-02 directing the City Manager to
draft the necessary agreement(s) and seek Council's approval to execute said agreement(s)
reflecting the City's financial responsibilities, route design, and required processes in
support of a desired and agreed upon route; and
WHEREAS, the City of Dublin and Columbus Southern Power have drafted a Mutual
Cooperation Agreement to memorialize each parties responsibilities and obligations; and
WHEREAS, the approval of the Mutual Cooperation Agreement will also demonstrate
the City's cooperation and commitment to the agreed upon route to the Ohio Power Siting
Board.
NOW, THEREFORE, BE IT RESOLVED by the Council ofthe City of Dublin, State
of Ohio, 2- members concurring that:
Section 1.
The City Manager is hereby authorized to execute the Mutual Cooperation Agreement
with Columbus Southern Power Company in substantially the same form as presented to
Council.
Section 2.
The Agreement shall not become effective until approved as to form by the City Attorney
and signed by the City Manager.
RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No_ 30045
Resolution No. Passed Page 2 .20_
Section 3.
That this Resolution shall take effect and be in force on the earliest date permitted by law.
LS < o-I-e h\- h ~,... ,2003
I
ATTEST:
~ (L ~./
Clerk of Council
I hereby certify that copIes of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
Department of Service
6555 Shier Rings Road. Dublin, OR 43016-8716
Phone: 614-410-4750 · Fax: 614-923-5529
CITY OF DUBLIN Memo
TO: Members of the Dublin City Council
FROM: Jane S. Brautigam, City Manageru-~ oS. ~
DATE: August 26, 2003
INITIATED BY: Dana L. McDaniel, Deputy City Manager/Director of Service
RE: Mutual Operating Agreement
BACKGROUND:
Resolution 36-03, if passed, would authorize the City Manager to enter into a Mutual
Cooperation Agreement with Columbus Southern Power Company (AEP) regarding the
Davidson-Dublin 138KV Transmission Line project. Attached is the "red lined" version of the
Agreement reflecting the final document as agreed upon between the City and AEP. AEP has
agreed to additional changes desired by the City.
RECOMMENDATIONS:
Staff recommends Council pass Resolution 36-03. Please address any questions regarding the
Resolution and Agreement to Dana McDaniel at 410-4751.
D LM/tb
T:\wordIDANAIMEMOSICOUNCILIAEP Mutual Operating Agreement 082603,doc
MUTUAL COOPERATION AGREEMENT
This Mutual Cooperation Agreement (the "Agreement") is entered into this _ day of
September 2003, by and between The City of Dublin, Ohio, 5200 Emerald Parkway, Dublin, OH
43017, an Ohio municipal corporation (the "City") and Columbus Southern Power Company (the
"Operator").
RECITALS
WHEREAS, the City desires that Dublin residents and businesses shall receive quality
electrical service, with consideration to aesthetics; and
WHEREAS, the Operator provides electrical services to the City and needs to construct a 138
Kilovolt ("KV") electrical transmission line ("Line") to serve the Dublin substation on Shier-Rings
Road; and
WHEREAS, the Operator will, pursuant to Ohio law, file an application with the Ohio Power
Siting Board ("OPSB Filing") requesting a Certificate of Environmental Compatibility and Public
Need, for the Line; and
WHEREAS, the Operator and the City have agreed upon a preferred route for the Line and,
upon approval by the Ohio Power Siting Board of the construction of the Line along the preferred
route, the City is willing to pay 50 percent ofthe "Shared Cost" ofthe Line. The "Shared Cost" shall
be the difference in the actual finished cost of the Line and the base line cost of construction; and
WHEREAS, the Operator and the City believe the cost of Line will be Eight Million, Eight
Hundred Thirty-Six Thousand Dollars (U.S. $8,836,000.00); and
WHEREAS, the Operator and the City agree to fix the base line cost of overhead construction
(red route in public information meeting) at Six Million, Nine Hundred Thirty-Six Thousand
Dollars (U.S. $6,936,000.00); and
WHEREAS, The City's 50 percent contribution to the Shared Cost shall not exceed One
Million, Two Hundred Thousand Dollars (U.S. $1,200,000);
NOW THEREFORE, the City and the Operator agree as follows:
1. OPSB Filing. The Operator will make an OPSB Filing in which it will request
approval to construct the Line along the preferred route agreed to by the parties, which route is
outlined in detail on Exhibit A hereto.
2. Term. The term of this Agreement shall commence on the effective date hereof
("Effective Date") and shall terminate, provided neither party is in default hereunder, once the Line
has been placed in-service and payment has been made by the City to the Operator of all monies due.
3. Payment Schedule. The City shall pay Operator its 50 percent share of the Shared
Costs as follows:
a. The initial payment shall be Three Hundred Thousand Dollars (US. $300,000) upon
delivery of underground cable.
b. The second payment shall be Three Hundred Thousand Dollars (US. $300,000) upon
start of construction.
c. The third payment shall be Three Hundred Thousand Dollars (U.S. $300,000) upon
energization of the line.
d. There shall be a "true-up" one hundred twenty (120) days after completion of Line, at
which time the City shall pay the remaining unpaid portion of its 50 percent share of the Shared
Cost. . Said "true-up" shall include change order costs or any other changes in the cost, either
increase or decrease between the actual cost and the bid cost. The total contribution of the City to
the Shared Cost shall not exceed One Million, Two Hundred Thousand Dollars (US. $1,200,000).
4. Force Mai eure Events. Except for monetary obligations, neither party shall be liable
to the other for any failure of performance under this Agreement due to causes beyond its control,
including but not limited to: acts of God, fire, flood, or other catastrophes; any law, order, regulation,
direction, action, or request of the United States government, or any other government, including
state and local governments having or claiming jurisdiction over such party, or any department,
agency, commission, bureau, corporation or other instrumentality of anyone or more of these
federal, state, or local governments, or of any civil or military authority; national emergencies;
unavailability of materials or rights-of-way; insurrections, riots, or wars; strikes, lock-outs, or work
stoppages (collectively, "Force Majeure Events"). If a Force Majeure Event continues for more than
thirty (30) days, the party who has not been receiving performance shall be entitled to terminate its
obligations with respect to the portions ofthis Agreement affected by the Force Majeure Event upon
written notice to the other party.
5. Existing 69 KV Transmission Line.
The parties agree that the existing 69 KV service/transmission line currently located
in the City, and as shown in Exhibit C ("69 KV line"), shall no longer be used as a transmission line
upon installation and operation of the new 138 KV line to be placed on the preferred route as
described in Exhibit A. Upon the request of the City, the 69 KV structures will be reconfigured as
described in Exhibit B, unless otherwise mutually agreed, and thereafter be used for distribution
purposes only. The City agrees that, to the extent it requests the Operator to reconfigure the 69 KV
structure, the City shall be responsible for any and all costs associated with such reconfiguration.
The Operator further agrees that, once the new Line is in-service, it will no longer use the
existing 69 KV line to transmit power at 69KV or higher. The parties further agree that, should the
2
Operator, in the future, desire to use the route (and its existing easements) shown in Exhibit C for
transmission purposes, it will place such transmission lines underground, and will, at the same time,
bury any existing distribution facilities along the route.
6. Easements.
The City shall provide, at no cost to Operator, all of the necessary and reasonable
easements and rights-of-way, owned by the City, necessary to construct the Line. The Operator will
obtain all other easements, necessary for the construction ofthe line, from the appropriate property
owner(s). The City agrees to assist the Operator in obtaining these easements.
7. Indemnification.
a. Indemnification by Operator. Operator will indemnify, protect, defend, and
hold harmless the City, and all officers, employees, elected officials, and agents ofthe City from and
against any and all claims, demands, costs, damages, losses, liabilities, expenses (including
reasonable attorneys' fees), judgments, fines and other amounts (collectively, "Damages") arising
from any and all claims, demands, actions, suits or proceedings, whether civil, criminal,
administrative, or investigative (collectively, "Claims") relating to or arising out of:
1. The construction ofthe Line, in each and every case where Operator or
Operator's agent has performed such construction, except to the extent such Damages are caused by
or contributed to by the City or its agents;
11. Any breach by Operator of any material representation, obligation or
covenant under this Agreement;
111. Any Claim of any third party resulting from the gross negligence or
willful misconduct of Operator associated with the construction of the Line.
IV.
b. Indemnification by the City. The City will indemnify, protect, defend, and
hold harmless Operator, its affiliates, and all officers, members, directors, employees, stockholders,
partners and agents of Operator and its affiliates from and against any and all Damages arising from
any and all Claims relating to or arising out of:
1. Any breach by the City of any material representation, obligation or
covenant under this Agreement;
11. Any Claim of any third party resulting from the gross negligence or
willful misconduct of the City associated with the construction of the Line.
c. Specific L imitations. Inn 0 event will t he City or Operator be liable for
indirect, special, consequential, exemplary, or punitive damages.
3
d. Procedure. A person seeking indemnification hereunder shall promptly notify
the indemnifying party in writing of any claim for which indemnification is sought, provided that any
failure to so notify the indemnifying party will not relieve the indemnifying party from any liability
or obligation which it may have to any indemnified person except to the extent of any material
prejudice to the indemnifying party resulting from such failure.
If the facts giving rise to such indemnification involve any actual or threatened
claim or demand by or against a third party, the indemnifying party shall be entitled to control the
defense, prosecution, and settlement of such claim or demand in the name ofthe indemnified person,
if the indemnifying party notifies the indemnified person in writing of its intention to do so within
twenty (20) days of the receipt of such notice by the indemnified person.
The indemnified person shall have the right, however, to participate in such
proceeding through counsel of its own choosing, which participation shall be at its sole expense.
Whether or not the indemnifying party chooses to defend or prosecute such claim, each indemnified
person which is not the indemnifying party shall, to the extent requested by the indemnifying party
and at the indemnifying party's expense, cooperate in the prosecution or defense of such claim and
shall furnish such records, information, and testimony a nd attend such conferences, discovery
proceedings, hearings, trials and appeals as may reasonably be requested in connection therewith.
The indemnifying party shall not settle any claim or assertion unless the indemnified party consents
in writing to such settlement, which consent shall not be unreasonably withheld and which consent
shall not be withheld in connection with any such settlement for money damages to be paid by the
indemnifying party only, which does not admit the fault ofthe indemnified party and which does not
impose injunctive or other equitable relief on the indemnified party.
8. Remedies. In the event of a material breach of this Agreement by either party which
continues for thirty (30) or more days after the non-breaching party has provided the breaching party
written notice of such breach (which notice shall include a reasonably detailed statement of the
nature ofthe breach), the non-breaching party shall be entitled to (a) suspend its performance for as
long as the breach continues uncorrected or (b) move to terminate the Agreement.
Notwithstanding any other provisions of this paragraph 8, and except as expressly provided
herein, no remedy is intended to be exclusive, but each shall be cumulative and may be exercised
concurrently with any other remedy available to the parties at law or in equity.
9. Notices. All notices, requests, demands, statements, reports and other
communications under this Agreement shall, unless otherwise specified, be in writing and shall be
deemed to have been duly given when delivered by hand or when mailed by certified or registered
mail, return receipt requested, to the parties' addresses as set forth below.
a. If to Operator to: Donald Kendall, Project Manager
American Electric Power
825 Tech Center Drive
Gahanna, Ohio 43230-6605
4
Copy to: Sandra K. Williams
Senior Counsel
American Electric Power
1 Riverside Plaza, 29th Floor
Columbus, Ohio 43215
b. If to the City to: Assistant City Manager/Director of Service
City of Dublin, Ohio
6555 Shier Rings Road
Dublin, OR 43016-8716
With a copy to: Law Director
City of Dublin, Ohio
5200 Emerald Parkway
Dublin, OR 43017
10. Binding Effect. This Agreement shall be binding upon and inure to the benefit ofthe
parties and their respective successors and permitted assigns. Nothing herein shall be construed so as
to confer upon any person or entity rights of a third-party beneficiary.
11. Amendments and Waivers. This Agreement may not be amended except by a written
instrument executed by each ofthe parties. No waiver, change, modification, consent or discharge
shall be effected except by a written instrument executed by the party from which such waiver,
change, modification, consent, or discharge is sought.
12. Relationship. Nothing contained in this Agreement shall be deemed to constitute a
partnership, joint venture, or agency relationship between the parties.
13. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof and supersedes all prior agreements and
understandings between them as to such subject matter. There are no restrictions, arrangements, or
undertakings, oral or written, between the parties relating to the transactions contemplated hereby
which are not expressed or expressly referred to herein.
14. Severability. If any term or provision of this Agreement is invalid, illegal, or
incapable of being enforced by any rule, law, or public policy, all other terms and provisions of the
Agreement shall remain in full force and effect so long as the economic or legal substance of the
transactions contemplated hereby is not affected in a manner adverse to either party. Upon a
determination that any term or provision is invalid, illegal, or incapable of being enforced, the parties
hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent ofthe
parties as closely as possible to the end that the transactions contemplated hereby are fulfilled to
greatest extent possible.
5
15. Representations and Warranties. The City and Operator represent and warrant to the
other that: (a) it has all requisite power and authority to execute, deliver, and perform this
Agreement; (b) this Agreement has been duly authorized, executed, and delivered on behalf of such
party and constitutes a legal, valid, and binding obligation of such party enforceable against it in
accordance with its terms, except as enforceability may be limited by applicable bankruptcy,
insolvency, reorganization, moratorium, or similar laws affecting the enforcement of creditors' rights
generally; (c) there is no action, suit, or proceeding pending or, to such party's best knowledge,
threatened, against it which could have a material adverse effect on the transactions contemplated
hereby; (d) except as herein specifically provided, no consent, approval, order, authorization or filing
of or with any governmental authority is required in connection with the valid execution, delivery,
and performance of this Agreement by such party; (e) the execution, delivery, and performance of
this Agreement by such party will not violate, contravene, or breach any law, rule, regulation,
ordinance, or order applicable to such party or any indenture, agreement, contract, instrument, or
undertaking by which such party is bound; and (f) this Agreement is personal in nature.
16. Counterparts. This Agreement may be executed in counterparts, each of which shall
be deemed an original and all of which together shall constitute one and the same instrument. In
pleading or proving any provision of this Agreement, it shall not be necessary to produce more than
one complete set of such counterparts.
17. Choice of Law/Governing Law Venue. This Agreement shall be governed by,
construed, and interpreted in accordance with the laws of Ohio and the United States in that order.
No conflict of law provisions shall be invoked so as to use the laws of any other jurisdiction. The
exclusive venue for all cases related to or arising out ofthis Agreement shall be the state and federal
courts in Franklin County, Ohio.
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18. Headings. Numbered and/or topical headings, articles, paragraphs, subparagraphs or
titles in this Agreement are inserted for the convenience of organization and reference and are not
intended to affect the interpretation or construction of the terms thereof.
IN WITNESS WHEREOF, the parties have caused this to be executed by their respective
duly authorized officers as of the date first written above.
OPERATOR: THE CITY
Columbus Southern Power Company, City of Dublin,
an Ohio corporation. an Ohio municipal corporation
By: By:
Its: Its:
Approved As To Form:
Law Director, City of Dublin, Ohio.
7
EXHIBIT A
DESCRIPTION OF PREFERRED ROUTE
Preferred Route: The Preferred Route exits the northern edge of Davidson Substation heading west
for 150 feet and then heads south along the western edge of the substation property for 300 feet.
From this point, the route turns west along the northern side of Davidson Road for about 900 feet.
Next, the Preferred Route heads north on the eastern side of Britton Road for 4,500 feet where it
crosses Hayden Run Road. From Hayden Run Road, the Preferred Route continues north parallel to
a fence line to a point approximately 250' south of the end of Hirth Road. At this point, the route
will transition to a buried cable for the remainder of the route. The route turns to the east for
approximately 1,000 feet to just outside the western edge ofthe 1-270 right of way. The route then
turns north generally paralleling 1-270 for 1,500 feet before reaching the Tuttle Crossing/l-270
interchange. The Preferred Route continues generally just beyond the western extents of the exit
ramp right of way. Beyond the interchange, the route heads north outside ofthe primary 1-270 right
of way for 2,000 feet to Rings Road. The route turns to the west for 450 feet before turning north
across Rings Road, W oerner- Temple Road, and Cramer Ditch. After approximately 200 feet, the
Preferred Route turns generally northwest paralleling Woerner-Temple Road for 5 00 feet and
crossing Parkwood Place. The route turns to the north and follows the western side of Parkwood
Place for 1,700 feet to the Emerald Parkway intersection. The route continues northward along the
western edge of Emerald Parkway for 1,000 feet before angling to the northwest for 300 feet into
Dublin Substation. The Preferred Route totals approximately 3.7 miles with 2.2 mile proposed to be
constructed underground.
8
EXHIBIT B
EX./ST 1M;
tiS/xV C1RCUJT
FUTuR(
OlSTRJ8UT JON
C IRCuJ r
EXJST ING fX1STlNC
OJSTR/BUTION DISTRIBUTION
ClRCun CJRCUn
... ~ ~ ......
TYPJCN. T YP /CAL
EX/STING 691tV RlCCNFIGURED
WOOD POl. ( D/STR/BuT /ON
STRUCTURt WOOO POt.f
STRUCTtlRE
ALONG HJRTH ROAD, TUTTLE ROA01
AND W JL COX ROAD
~".__rItt4Jt>t11IJS.~ EXHiBiT /'8"
EXHIBIT C
DESCRIPTION OF EXISTING 69KV SERVICE LINE
u.s. RT. JJ
Sl<r!lt jI~ IIllo ,
,8H:, -N-
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srI'! TE or OHIO
FRANKLIN COUNTY
(Nor TO SCALEJ
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EXHIBIT He'l
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- asH ro DlSTlr18tJrfON
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REST OF P,\.GE LEFT INTENTIONALLY BL.\NK I
THE CITY:
STATE OF OHIO
COUNTY OF FRANKLIN
On , before me, , Notary Public,
personally appeared , personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized capacity, and
that by their signature on the instrument, the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
OPERATOR:
STATE OF
COUNTY OF
On , before me, , Notary Public,
personally appeared , personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument, the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
. I
Department of Service
6555 Shier Rings Road · Dublin, OR 43016-8716
Phone: 614-410-4750 · Fax: 6l4-923-5529
CITY OF DUBLIN
Memo
TO: Members of the Dublin City Council
FROM: Jane S. Brautigam, City Manage~5. Q)~
DATE: August 14, 2003
INITIATED BY: Dana L. McDaniel, Deputy City Manager/Director of Service
RE: 138kv Mutual Cooperation Agreement
INTRODUCTION
Staff recommends Council pass Resolution 36-03 authorizing the City Manager to execute a
Mutual Cooperation Agreement with Columbus Southern Power (a subsidiary of American
Electric Power) to memorialize the responsibilities and obligations of each party relative to the
138 KV transmission line.
BACKGROUND
Preferred Route and Budget
Per City Council's direction provided in Resolution 41-02 (attached), passed in November 2002,
staff has continued to work with the Columbus Southern Power Company (CSP), Neighbors for
Responsible Power Line Placement, and other effected property owners to pursue the preferred
route for the 138 KV transmission line. The preferred route is an underground transmission line
through the Dublin portion as shown in the draft Mutual Cooperation Agreement, Exhibit A
(attached). CSP has significantly designed the transmission line. The City and CSP continue to
work together to secure the necessary easements to accommodate the preferred route and type of
construction. To date, cost estimates are favorable and well within the $1.2 million the City
..
committed to the project. The primary unknowns to the project budget are potential easement
.. costs. Needed easements are continuing to be resolved and to date effected property owners are
cooperating.
Mutual CoolJeration Agreement
The Mutual Cooperation Agreement is the mechanism in which each party's responsibilities and
obligations are memorialized. The draft Agreement is attached for Council's review. Resolution
35-03, if passed, will authorize the City Manager to enter into this Agreement when finalized.
The draft Agreement is substantially complete as to form and content. The only remaining items
from staffs perspective will be clarifying in nature. Obviously, any Council concerns or issues
will be discussed at the August 18th Council meeting and, if need be, presented to CSP for
changes.
Process
As to process, the Ohio Power Siting Board (OPSB) has granted a motion to allow only one
route to be filed. This substantially increases, but does not yet commit, the OPSB to this route.
However, as mentioned in the Resolution, a Stipulation has been drafted by the "joining" parties
to support the case for the preferred route. CSP is finalizing the Stipulation and will soon file it
with the OPSB. The Stipulation does two things: 1) emphasizes the "joined" parties preference
for the preferred route, and 2) if the OPSB does not select the preferred single route as presented,
the parties reserve the right to bring forth further evidence or take other action. The OPSB will
still conduct their normal administrativelboard processes to finalize the route selection. A letter
from Greg Dunn of the City Attorney's office is also attached explaining this in further detail.
RECOMMENDATION/CONCLUSION
Staff recommends Council pass Resolution 36-03. Staff is pleased to report that there has been
much cooperation among CSP, the City, Neighbors for Responsible Power Line Placement and
other effected property owners on developing and presenting the preferred route, Stipulation and
the Mutual Cooperation Agreement. Please direct any questions regarding this matter to Dana
McDaniel at 410-4751.
Thank you.
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Scale in Feet
Davidson-Dublin
Transmission Line
PROJECT OVERVIEW
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Sl _~~~{.o'~-=--oAVIOSONRO- Map prepared by the City of Dublin
_=_~ _c~""-~ \ Division of Information Technology
=-.."j \~ Geographic Information Systems
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Jul~' 2003
VIAi7ACSIMtLE:
(614) 410-4490
Ms, Jane Brauti$am
Dublin City Manager
5200 Emerald Parkway
Dublin. OH 43017
RE; AEP 138.KV HiWard.Dublin .Power Line
Dear Ms, Brautigam:
As you are awan::, III the above-captioned malter, American Electric Power filed a
mCMn requesting that the Ohio Pow'er Siting Board waive variOUi provisions of tbe Ohio
Administrative Code that required apphc31lts constructing electric transmi,uion lines to
include two fully developed routes for the Ohio Power Siting Board to consider. The City of
Dublin, 2,]OU3 with Neighbors for Responsible Power Line Placement and Duke Realt}' joined
in this motion with Amencan Electric Powec The motion was granted
The practical effect of the granting of this motion by the Siting Board is that 'Only one
fuEy developed plan will be put before lhe Board thereby obviating the need for the City of
Dublin to put fenh evidence opposing an altemative plan.. This Bhould accomplish two
objectives fot the City of Dublin, most importantly; the Ohio Power Siting Board will not
have an alternative plan to select. This, in all likelihood, means thaI we have effectively
~won" the case prior to its being filed. Secondly, a great dea.l of time, money and effort WQuld
have to he put forth by the City of Dublin to oppose the alternative route and, in addition, the
Neighborhood group would also have to expend money and effort and prooably public
relations funds to oppose the alternative ronle
c} On.e cautionary note, it is still te:chnicall)' possible, although unhkely, that the Board
will do anything but approve the plan that all the interested parties have; supported.. Should
W'~-szr.'-{O'w the Board "think out of fhe box" and somehCiw support or vON fOT a different route, the plltties
have drafted a stipulatit.'m which indkates that in this even: an the parties may request and be
C::hJt'!"!tu~ granted a hearing: to present whateyer evidence they feel is necessary.
CI:"<fm;:
Cij"'Of!;'''tilb This stipulation has been approved by all of the parties and will he filed by AEP very
sbonly, 1t is a son of belt and suspenders approach, but givenal least one recent PUCO
decisiOt'l effeNing Dublin, nole>ntlrely superfluous.
{!<4"1..;" :,tJ ~ )
~<< H~!.,t;r~~~ Cttflt4l"; 4:: 1"~'V1hto,(,I" Ztf1l:tl- ~i,f.'t# 2;@,. C:;I~'f'lblJt, Ohq 4;2 f 5".f-i Ct, \'04t ~ : "{'<tiO 7/2 4-/2 00.3 11 : 59(
. ' i.
Ms, Jane Brautigam
Ju.ly 24,2003
Page Z of2
(An historical note, the PUCO, in the area code split for central Ohio, selected an area
code split plan that split Dublin into two area codes, which was not before the ?UCO and no
evidence was pnsented regarding it Ultimately, the City of Dublin had to file a motion for
reconsideration, which was granted, whkh prevented Dublin from having tWQ area code$
teda y.)
Finally. OUf joint cooperation agreement ...."ilh AEP is In final draft stage and that
should be signed in the very near future
The granting of the motion was a very positive development, one that should
ultimately lead to the result that Dublin desires wllh a minimum of politicalupheJlvaJ in the
community.
V~7!&
Gregory J. Dunn
GJDidf
cc: Steve Smith, Esq.
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EXHIBIT B
9
EXHIBIT C
DESCRIPTION OF EXISTING 69KV SERVICE LINE
10
THE CITY:
STATE OF OHIO
COUNTY OF FRANKLIN
On , before me, , Notary Public,
personally appeared , personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacity, and that by their
signature on the instrument, the person, or the entity upon behalf of which the person acted, executed
the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
OPERATOR:
STATE OF
COUNTY OF
On , before me, , Notary Public,
personally appeared , personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his signature
on the instrument, the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
11