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Frequently Asked Questions | Western Spirit Transmission

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Page 1: Frequently Asked Questions | Western Spirit Transmission · 2019-07-19 · Pattern Development 2 LP (“Pattern Development”) Pattern Development is NM RETA’s private co-development

Frequently Asked Questions | Western Spirit Transmission

Page 2: Frequently Asked Questions | Western Spirit Transmission · 2019-07-19 · Pattern Development 2 LP (“Pattern Development”) Pattern Development is NM RETA’s private co-development

What is Western Spirit?

Who will own the line?

Who are the participating entities?

The Western Spirit Transmission Line (”Western Spirit”) is a proposed 345 kV

transmission line that will connect more than 800 MW of new wind power to

the existing New Mexico grid. Western Spirit is currently owned by the New

Mexico Renewable Energy Transmission Authority (”NM RETA”), which is co-

developing the line with Pattern Energy Group 2 LP (”Pattern Development”),

a private renewable power company. After Western Spirit is constructed it will

be acquired by the Public Service Company of New Mexico (”PNM”), and it

will strengthen New Mexico’s grid and enhance its ability to run on renewable

power. Western Spirit was selected by PNM as the best option for a capacity

upgrade needed to enable the construction of over 800 MW of new wind

projects. The line has been under development since 2010 when NM RETA first

identified it as a benefit to the New Mexico grid.

NM RETA currently owns the line and is co-developing the project with Pattern

Development. NM RETA and Pattern Development will construct Western

Spirit, and once it is operational PNM will acquire the asset.

New Mexico Renewable Transmission Authority (“NM RETA”)

NM RETA is a state authority established by statute to identify and develop

transmission to enable renewable energy in New Mexico. NM RETA first

identified Western Spirit in 2010 as a benefit to the grid and is the current

owner & co-developer of the project.

Pattern Development 2 LP (“Pattern Development”)

Pattern Development is NM RETA’s private co-development partner for

Western Spirit. Pattern Development is a global leader in wind, solar, and

transmission with over 5,000 MW placed in service, including New Mexico’s

largest wind energy investments to date.

The Public Service Company of New Mexico (“PNM”)

PNM is the largest grid operator in New Mexico and will acquire Western Spirit

when it is operational as a capacity upgrade that will enable the construction

of over 800 MW of new wind energy. The investment and acquisition cost of

Western Spirit will be repaid by Pattern Development’s wind projects.

Project Background & Description | Western Spirit Transmission

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Page 3: Frequently Asked Questions | Western Spirit Transmission · 2019-07-19 · Pattern Development 2 LP (“Pattern Development”) Pattern Development is NM RETA’s private co-development

Who is getting the wind power?

Will this line benefit New Mexico?

More than half of the 800 MW is already under contract, and the remaining

is being actively marketed throughout the west. The wind power enabled

by Western Spirit would be available to interested New Mexico utilities or

electric co-ops, provided the power contracts are deemed just and reasonable

by relevant regulatory bodies such as the New Mexico Public Regulations

Commission (NM PRC). However, Western Spirit is not being built with any

expectation or requirement that PNM should buy any of the enabled wind

power, and PNM’s acquisition of the line does not represent any express

intention to contract for the wind power.

Yes. The Western Spirit transmission line will create hundreds of jobs, support

local communities through property tax payments, and allow New Mexico to

harness and export its great wind energy resource, bringing new investments

of approximately $1.5 billion in new wind farms to New Mexico.

In addition, the line will help address a need for increased transmission

reliability in light of new renewable energy goals. The New Mexico electric grid

is currently at capacity between Albuquerque and the wind-rich areas in the

central and eastern parts of the state, but Western Spirit will add capacity and

significant strength to the grid, making the PNM system much more prepared

to run on a majority of renewable energy power, as required by 2030 under

New Mexico’s Energy Transition Act.

The new wind farms made possible by the Western Spirit transmission line

will also bring significant financial contributions to local communities through

employment opportunities, college training, property taxes, and landowner

royalties. State and local governments can use their new sources of revenue to

support local community needs, such as improvements to schools, hospitals,

fire departments, and police services.

Currently, New Mexico has more than 1,100 MW of installed wind capacity

and 1,000 to 2,000 people in jobs related to the wind industry. The Western

Spirit transmission line will almost double the amount of wind energy available

in New Mexico, enabling 800 MW of wind to come onto to the grid, tapping

into New Mexico’s incredible natural wind resources, and making wind power

from central New Mexico available to New Mexico utilities and co-ops that

otherwise would not be able to access this incredible natural resource.

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Page 4: Frequently Asked Questions | Western Spirit Transmission · 2019-07-19 · Pattern Development 2 LP (“Pattern Development”) Pattern Development is NM RETA’s private co-development

Is Western Spirit fully permitted?

Does this project require NM PRC

oversight on siting?

Does this project require any

NM PRC oversight?

Does this project require any other

regulatory approvals besides those

from the NM PRC?

Does FERC need to approve the

acquisition before the NM PRC?

When will construction begin?

No. The project itself still requires some approvals from the NM PRC, and

the PNM acquisition will require approval from the NM PRC and the Federal

Energy Regulatory Commission (FERC).

No. NM RETA is a state government authority that is exempt from the siting

and location regulations which apply to privately developed transmission

lines. This streamlined permitting authority is one of the primary benefits NM

RETA can offer to invite private investment in New Mexico from companies

like Pattern Development. Even so, NM RETA is required to consider the best

interest of the citizens of New Mexico, and has ensured that the Western

Spirit project is responsibly sited with regard to environmental considerations.

Pattern Development has internal standards that outpace the industry, and

which it applies to all of its energy infrastructure, including wind, solar, and

transmission projects.

Yes. The NM PRC’s approval is needed for the acquisition of the transmission

line from NM RETA and Pattern Development. For the project to go forward

the NM PRC also must affirm that there will be no negative implications for the

reliability of the electric grid prior to construction and operations of the line.

Yes. PNM is required to obtain FERC approval for the incremental rate that

will be charged to Pattern Development’s wind projects as new transmission

customers, to ensure that the cost of the line will be isolated from and will not

impact PNM’s existing retail and wholesale ratepayers.

No, and nor does the NM PRC have to approve the acquisition before FERC.

The approval of both regulators is necessary for the project, but the approvals

need not be obtained in a certain order.

The project is expected to begin construction by early 2020, for a commercial

operations date in 2021.

Project Permitting | Western Spirit Transmission

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Page 5: Frequently Asked Questions | Western Spirit Transmission · 2019-07-19 · Pattern Development 2 LP (“Pattern Development”) Pattern Development is NM RETA’s private co-development

What is the permitting timeline? » May 2019 – PNM applies for FERC approval of acquisition and incremental

tariff rate and NM PRC approval of acquisition

» FERC will have up to 180 days to act on the acquisition portion

(a “203 application”) and up to 60 days to act on the incremental

rate filing (a “205 filing”).

» For the NM PRC approval, PNM is requesting a 6-month

approval process.

» Q1 2020 – Western Spirit obtains all necessary permits

» Q1 2020 – Western Spirit acquires real property rights.

» Q1 2020 – Western Spirit commences construction.

» Q2 2021 – PNM acquisition and commercial operation of Western Spirit.

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Page 6: Frequently Asked Questions | Western Spirit Transmission · 2019-07-19 · Pattern Development 2 LP (“Pattern Development”) Pattern Development is NM RETA’s private co-development

Why is PNM buying the line?

Will this affect PNM ratepayers?

Does PNM get a Return on

Investment with the

transmission line?

Was this decision informed by the

Energy Transition Act?

Pattern Development has a transmission service request for 800 MW of new

capacity on the PNM system, and PNM identified Western Spirit as the best

option to meet that need.

Under federal law, PNM has an obligation to identify and enable capacity

upgrades for new transmission customers like Pattern Development, provided

that those new customers can fund the upgrades necessary to deliver new

power to an existing grid. Several years ago, PNM selected Western Spirit as

the best option to upgrade New Mexico’s capacity, in part because NM RETA

had already been developing the line for over eight years and as such it has a

high degree of certainty to be completed in a timely manner.

No, not directly. The investment in Western Spirit will be repaid entirely by

Pattern Development’s wind facilities once they are operational, by way of a

new incremental rate that will be designed to exempt current PNM ratepayers

from the cost of the capacity upgrade. Pattern Development’s wind energy

projects will fund the transmission service cost with revenue from their power

purchase agreements, including about 500 MW contracted to off-takers

throughout the west, including off-takers in California.

However, if PNM at a future date opts to contract for some of the remaining

wind capacity, such a contract would be subject to the regular authority and

review of the NM PRC, and if the NM PRC deems such a contract reasonable

then a portion of the power price would represent some of the transmission

service cost.

Yes, the money to fund the acquisition or construction of transmission lines

is obtained through banks and investors, who expect a return on their

investment. The rate of that return is determined by either FERC or the NM

PRC, whoever has jurisdiction over the ratemaking.

No. This acquisition contract represents the culmination of a process which

began years ago when PNM evaluated capacity upgrade options in response

to its obligations under federal law to respond to transmission service requests

from wind companies throughout the state. The alignment with the grid needs

presented by the Energy Transaction Act is a coincidental benefit to this

transaction, as the addition of Western Spirit will make the PNM system better

prepared to run on a majority of renewable power.

PNM Acquisition | Western Spirit Transmission

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Page 7: Frequently Asked Questions | Western Spirit Transmission · 2019-07-19 · Pattern Development 2 LP (“Pattern Development”) Pattern Development is NM RETA’s private co-development

How was the route for the Western

Spirit transmission line determined?

In 2011, NM RETA and Power Network New Mexico developed several

possible transmission line routes. Pattern Development and NM RETA

jointly have worked to select and refine one of these alternatives. Pattern

Development and NM RETA gathered a wide range of information through

agency coordination, existing geographic information sources, and field

reconnaissance to inform the route. Pattern Development and NM RETA

worked with federal, state, and county agencies, environmental NGOs, and

Native American tribes to select a route. The Western Spirit transmission line

was sited in a way that minimizes the overall effect of the transmission line on

the natural and human environment while avoiding unreasonable and circuitous

routes, unreasonable costs, and special design requirements.

Representatives of Pattern Development will meet with each landowner

affected by the Western Spirit project and will take landowner feedback into

consideration when determining structure placements and other issues of

concern to landowners.

Land and Right of Way | Western Spirit Transmission

Is the Western Spirit transmission

line route final?

Pattern Development and NM RETA have worked with a wide range of

interested parties to select a route, including federal, state, and county

agencies, environmental NGOs, and Native American tribes, and does not

expect any substantial changes to the Western Spirit transmission line route.

Pattern Development will meet with each landowner affected by the Western

Spirit transmission line and will take landowner feedback into consideration

when determining structure placements and possible route adjustments.

Will Western Spirit use

eminent domain?

Though Pattern Development strives for 100% voluntarily negotiated property

rights, NM RETA was created by the New Mexico state legislature with

statutory rights to exercise eminent domain, so long as the property owner

is compensated. Pattern Development and NM RETA have a commitment to

use every effort to negotiate in good faith with landowners, with a goal to

acquire 100% of necessary right-of-way through voluntary, fairly compensated

contracts. However, eminent domain can be critical for financing linear

infrastructure in cases where certain landowners are absentee or deceased

without heirs, so no living person is available to negotiate. Pattern has

acquired 100% of its property rights for previous projects through

landowner negotiation and will use every effort to keep a landowner at the

negotiation table.

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Page 8: Frequently Asked Questions | Western Spirit Transmission · 2019-07-19 · Pattern Development 2 LP (“Pattern Development”) Pattern Development is NM RETA’s private co-development

Why does RETA have the power of

eminent domain?

What is the benefit of eminent

domain to New Mexico?

Will eminent domain be used

by PNM?

Are there any tribal or federal

lands involved?

The government of New Mexico created NM RETA as a means to invite

private sector investment into New Mexico and to expedite the transition to

an economy rich with renewable power. New Mexico provided several means

to invite the private sector, including financing support, permitting support,

development support, and in certain circumstances the use of eminent domain,

so long as landowners are compensated fairly. As NM RETA is a state agency

acting on behalf of the citizens of New Mexico, it is tasked with managing its

powers and authorities responsibly as it partners with private companies like

Pattern Development to deliver on its mandate to identify the best renewable

energy transmission lines for New Mexico, and invite in the private capital and

expertise to bring those projects to fruition.

Granting eminent domain is a critical tool of last resort. It enables the

opportunity to keep projects moving forward after reasonable efforts have

been made to provide a fair market value for property. It is also a way to

continue to attract renewable investments, which benefits the economic

development of the state.

PNM will not be involved with any of the development or right-of-way

acquisition, as the build-transfer agreement requires the line to be fully

constructed and operational prior to PNM assuming ownership of the asset.

Therefore, even though PNM has eminent domain authority in some instances,

PNM’s authority will not be involved in any of the land right acquisition in

any form.

Yes. The Western Spirit transmission line has entered into voluntary and

mutually agreed-upon contracts to cross the Pueblo of Isleta. The line will also

cross land controlled by the Bureau of Reclamation around the Rio Grande

river crossing.

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Page 9: Frequently Asked Questions | Western Spirit Transmission · 2019-07-19 · Pattern Development 2 LP (“Pattern Development”) Pattern Development is NM RETA’s private co-development

How long is the transmission line?

What is a right-of-way?

Western Spirit Transmission LLC estimates that the Western Spirit Transmission

line will be approximately 165 miles long.

A right-of-way is a legal arrangement to allow use of a portion of property for a

specific purpose, such as an easement for a transmission line or an access road.

What is the width of the

right-of-way?

Can participating landowners drill

for oil and gas on their property?

Can participating landowners

extract gravel or other surface

minerals from their land?

Will Western Spirit Transmission

LLC be able to sell or reassign my

easement for another use such as

a pipeline?

What is the time frame for the line?

Are transmission lines able to span

waterways and wetlands?

Will the project study potential

avian impacts?

Western Spirit Transmission LLC estimates that the right-of-way for the Western

Spirit Transmission line will be 150 feet wide.

Yes, provided that the drill site is not located within the right-of-way of the

transmission line.

Yes, provided that the pit is not located within of the transmission right-of-way

and does not interfere with the project’s ability to access the line.

No. The easement agreement will specify that NM RETA can use the easement

solely in connection with an electric transmission line.

Negotiations for right-of-way agreements will continue in 2019 with

construction estimated to begin in 2020.

Yes. Often the length of a transmission line is long enough that tower

structures can avoid sensitive areas like wetlands and bodies of water.

We will perform bird surveys to find potential threatened and endangered

species, including some species of eagles.

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Page 10: Frequently Asked Questions | Western Spirit Transmission · 2019-07-19 · Pattern Development 2 LP (“Pattern Development”) Pattern Development is NM RETA’s private co-development

How many phases of the project

are planned?

What happens if the line

changes ownership?

Will herbicides be used in the right-

of-way corridor?

How do we set up a meeting

with you?

Can landowners install fencing

within the easement right-of-way?

Can farming and ranching continue

in the easement area or under

the line?

Any changes in the ownership would require the new owner to honor

existing agreements.

If used, chemical vegetation management will be compliant with federal, state

and/or county-approved control measures. Western Spirit Transmission LLC plans

to use local contractors to handle any necessary vegetation management..

You can contact us by email at [email protected] or by phone

at (505) 375-1324. You can also send us a message through our contact portal

on our website: westernspirittransmission.com.

Yes, provided that Western Spirit Transmission LLC and its contractors continue

to have access to the right-of-way.

Yes. Western Spirit Transmission LLC will acquire easements, but the land will

still belong to the landowners and can be used for activities such as farming,

grazing, and other activities that do not interfere with the operation of the line.

Farming of row crops can continue under the lines. There will be sufficient

clearance under the transmission line to grow full-height crops (up to about 10

feet tall), not including tree crops, and to operate standard farm equipment.

Ranching and grazing are totally compatible and will not be restricted.

Less than 1% of the total easement area for the project will be occupied by

structure footprints.

The project is planned to be completed in one phase.

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Page 11: Frequently Asked Questions | Western Spirit Transmission · 2019-07-19 · Pattern Development 2 LP (“Pattern Development”) Pattern Development is NM RETA’s private co-development

What can be planted in the

easement area?

Can hunting occur near the

transmission line or within the right-

of-way?

How will Western Spirit

Transmission LLC acquire right-of-

way for this project?

Crops less than 10 feet tall may be grown safely under power lines. The

easement area can also be used for pasture and grazing lands. Western Spirit

Transmission LLC must comply with the public safety standards of National

Electrical Safety Code and North American Electric Reliability Corporation

Standards to ensure the reliable operation of the transmission line. These

standards place restrictions on tree height under and around transmission lines.

Hunting is one of many compatible outdoor recreational activities that can

occur within and adjacent to the transmission line right-of-way.

Western Spirit Transmission LLC and NM RETA will acquire an easement from

landowners. The easement will grant NM RETA certain surface rights over a

specific portion of the property. Participating landowners will not be asked to

sell their land. Easement agreements will be negotiated individually with each

landowner and will consider many factors including, but not limited to:

» Existing uses of the land (e.g., crops vs. grazing vs. residential)

» Type and number of structures that will be placed on the land

» The requirement for future access rights to the land

» Environmental conditions

Western Spirit Transmission LLC requires that its representatives follow a Code

of Conduct, which provides that all representatives treat every landowner with

consideration and respect. In addition, Western Spirit Transmission LLC strives

to build and maintain long-lasting relationships with landowners by working in

a respectful and collaborative manner for the life of the project.

How much will Western Spirit

Transmission LLC pay for the right

of-way?

Western Spirit Transmission LLC is committed to compensating landowners

fairly and seeks to reach voluntarily negotiated agreements with 100% of the

landowners along the line’s route. The landowner compensation package will

include an easement payment, based on the size of the easement required

and market value of the land, and an additional payment for each structure

placed on the landowner’s property. Other payments may be made in certain

circumstances, including for:

» Crop damage

» Commercially marketable timber

» Irrigation interference 10

Page 12: Frequently Asked Questions | Western Spirit Transmission · 2019-07-19 · Pattern Development 2 LP (“Pattern Development”) Pattern Development is NM RETA’s private co-development

How will the market value of the

land be determined?

What is the payment structure for

the Western Spirit Transmission line?

How close can the transmission line

be to a home? Can any structure be

within your right-of-way?

Will homes be located within

the easement?

What if damages occur to fencing or

other property during construction

or maintenance?

Western Spirit Transmission LLC will engage a certified independent appraisal

firm to determine each easement’s fair market value per acre based on a

market data study, which will analyze recent arms-length sales in in the area for

similar types of land.

Easement payments are made in two lump sum installments. The first

installment is paid upon a landowner’s execution of an option. The second

lump sum is paid when Western Spirit Transmission LLC exercises the option.

Western Spirit Transmission LLC and NM RETA will attempt to identify potential

routes as far from homes as possible, while also taking into account other

routing criteria.

Habitable structures are not allowed within the right-of-way.

No. In order to comply with National Electrical Safety Code requirements

and good utility practice, habitable structures may not be located within a

transmission line right-of-way.

Western Spirit Transmission LLC will either repair or compensate landowners, at

the landowner’s election, for damages to improvements or personal property

that occur during the construction or maintenance of the line on their property.

What classifications of land does

the Western Spirit Transmission line

expect to cross?

When will landowners receive

easement payments?

Right-of-way acquisition for a project of this size and located in the State of

New Mexico involves both private and State Trust lands; however, the majority

of our route passes primarily through private land.

Representatives are available to begin discussion of compensation for

easements with affected landowners. A portion of the compensation for

easements will be paid as soon as landowners sign an option, and the

remainder will be paid prior to or simultaneously with the execise of the option

and recording of the easement. This second installment is expected to be paid

prior to start of construction. Structure payments also will be paid prior to start

of construction.11

Page 13: Frequently Asked Questions | Western Spirit Transmission · 2019-07-19 · Pattern Development 2 LP (“Pattern Development”) Pattern Development is NM RETA’s private co-development

Why do you need the

Survey Consent?

Does a Survey Consent obligate

me to sign an option or

easement agreement?

Can I place a time limit on my

Survey Consent?

Does a Survey Consent indemnify

me to accidents that may occur?

Does your team have fire

suppression on site during

survey and construction?

What do you do with the excess

rock from the pole positioning?

Western Spirit is asking that you sign a Survey Consent in order to grant us

temporary access to your property for purposes of performing biological,

cultural, easement boundary, wetland and geotechnical surveys. These surveys

help us determine the feasibility of the route across your property, as well as

identify potential issues or areas such as, for example, wetlands, threatened

or endangered species or cultural artifacts, that would need to be avoided or

mitigated. For more information we have a document that explains the types

of surveys we are utilizing.

Signing a Survey Consent does not obligate you in any way to sign an option

or easement. If this is a concern, the landowner can add a statement to the

“Restrictions or Comments” section in the Survey Consent specifically stating

this. A landowner can rescind their signed Survey Consent at any time by

sending the Western Spirit team a written note or email.

You can place a time limit (i.e. only for 6 months) on your Survey Consent by

expressly writing that in the “Restrictions or Comments” section. You can write

in any other specific restrictions, comments or information, and we and our

agents must comply with them.

A few examples of such are: » Grantee must provide 24-hour prior notice before entering the property

each time » Grantee must be accompanied by Owner or a representative of Owner » Access is only permitted through the southern gate off of Highway 70 » Gate Code is 3214; gates must be left closed at all times

The Survey Consent specifically provides an indemnity to protect the

landowner in the event that the Grantee or its agents cause any damage or

harm to persons or property as a result of the survey activities.

Yes. All construction crews working on the line are required to have fire

suppression onsite. Survey crews will generally have fire suppression in their

pickup trucks for safety purposes. When survey crews are traveling on foot

however, they are not required to carry fire suppression.

Excess rock will generally be used onsite to support permanent erosion control

and/or traffic barriers.

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Page 14: Frequently Asked Questions | Western Spirit Transmission · 2019-07-19 · Pattern Development 2 LP (“Pattern Development”) Pattern Development is NM RETA’s private co-development

Is water needed by the construction

team to build the line?

Does the option or easement

agreement provide that any entry

into the property by the Grantee

be at its own risk?

What is done for erosion (ie:

terraces, berms or ditching)?

Who will maintain the roads?

Can the easement be shared later

with other utilities such as fiber

optics, gas, telephone, distribution

lines, etc?

Yes. Construction water will be needed throughout construction for dust

mitigation as well as grading/excavating.

The Option Agreement includes a right of access to the Property to the

Grantee. Such entry is at the Grantee’s risk, as the Grantee waives any claims

against the landowner unless it is caused by the gross negligence or intentional

misconduct of the landowner.

Erosion control will be managed in accordance with the Stormwater

Pollution Prevention Plan (SWPPP) permit for the duration of construction.

This will include straw wattle, sand bags, berms, etc. in disturbed areas to

mitigate erosion. It is also worth noting that we are also developing a set of

standard best management practices with the Claunch-Pinto Soil and Water

Conservation District and New Mexico State Forestry stakeholders to address

erosion control, stormwater management, reseeding, impacts to streams,

vegetative management and invasive weed management.

Existing public roads — Western Spirit may improve and will be required to

repair any damage that may occur during the construction of the transmission

line. Once the project is placed into operation the public roads will be

maintained pursuant to county or state regulations in the same manner as all

other public roads in the state.

Existing private roads — Western Spirit may improve and will be required to

repair any damage that may occur during the construction of the transmission

line. Once the project is complete existing private roads will be maintained by

their owner.

New access roads constructed by Western Spirit - Western Spirit will maintain

all roads constructed by the project and used as long-term access roads for the

transmission line.

The easement is granted solely for the purpose of one electrical utility line. It

cannot be used for any other purpose.

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Page 15: Frequently Asked Questions | Western Spirit Transmission · 2019-07-19 · Pattern Development 2 LP (“Pattern Development”) Pattern Development is NM RETA’s private co-development

What level of Insurance coverage

does Western Spirit maintain?

The Renewable Energy Transmission Authority of New Mexico maintains

general liability insurance as required by New Mexico state law and

regulations. Similarly, Pattern Development maintains general liability insurance

in accordance with good business practices.

How is the landowner protected

from liability caused by Grantee?

The Option Agreement requires that Western Spirit indemnify the landowner

for any injury to persons or damages to property, unless it is caused by the

gross negligence or intentional misconduct of the landowner. This indemnity

survives the expiration of the Option Agreement, even after the Grant of

Easement is exercised.

What happens if livestock is injured

or killed by workers during the

survey, construction or long-term

maintenance of the line?

Under the terms of the Option Agreement the Grantee is responsible for all

damages to livestock, crops, improvements or other personal property of the

landowner caused by the Grantee or its agents.

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Page 16: Frequently Asked Questions | Western Spirit Transmission · 2019-07-19 · Pattern Development 2 LP (“Pattern Development”) Pattern Development is NM RETA’s private co-development

What is NM RETA and what does

it do?

How long has the Western

Spirit transmission line been

under development?

Has NM RETA worked with any

other private companies on

Western Spirit?

The New Mexico legislature created NM RETA by statute in 2007 as a

governmental instrument to identify the best routes for transmission for the

people of New Mexico as we move to an economy rich with renewable energy,

and then to invite investment from the private sector to help finance, plan,

acquire, maintain and operate certain renewable transmission and energy

storage facilities. NM RETA has worked with several companies in the past, but

Western Spirit will be the first project that NM RETA brings to construction and

commercial operations.

Under its lease agreement with Pattern Development, NM RETA will:

» Coordinate with Pattern Development regarding project development

» Coordinate and assist in obtaining all material permits

» Jointly develop the route with Pattern Development and advise on any

suggested adjustments or refinements

» Assist in the negotiation of all rights-of-way and easements

» Execute all required easements and other real estate agreements

NM RETA originally identified the best routes for a “collector system” of

renewable energy in central New Mexico in 2010, in a process that included

the Western Spirit right-of-way. Western Spirit has been in development with

NM RETA since 2013, but development efforts have increased substantially

since Pattern Development partnered with NM RETA in 2018.

Yes. In the past NM RETA had other private development partners, but Pattern

Development is now the sole private company co-developing Western Spirit,

and is on track to bring the project to fruition by 2021.

Project History | Western Spirit Transmission

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Page 17: Frequently Asked Questions | Western Spirit Transmission · 2019-07-19 · Pattern Development 2 LP (“Pattern Development”) Pattern Development is NM RETA’s private co-development

Is SunZia involved with this project.

Is Pattern Energy involved in

this project?

How is the Western Spirit

transmission line different from the

BB2 line?

No. SunZia and the respective wind farms under development by Pattern

Development are legally and electrically distinct from Western Spirit. Pattern

Development still owns the capacity rights for the SunZia transmission line and

continues to work with Southwestern Power Group to bring SunZia to fruition,

but the two sets of projects are distinct from one another.

No. Pattern Energy has waived its right of first offer (ROFO) on the sale of

Western Spirit to PNM. Pattern Energy has retained its ROFO for the Pattern

Development wind projects which are under development in parallel with

Western Spirit, and which would be enabled by the capacity additions Western

Spirit will bring to the PNM grid.

Both BB2 and Western Spirit represent requests to PNM for new transmission

service, and under FERC rules, PNM is required to provide that requested

service. The difference between these two particular projects is how the

FERC methodology determines the customer rates should be structured. For

Western Spirit, the cost of moving the power on this new line is higher than

the current average cost to move power on PNM’s system, and integrating the

project into the overall rate structure would increase the cost to all customers.

FERC methodology aims to hold existing customers harmless, so in the case

of Western Spirit it says to keep the project separate from the overall rate

structure and have the customer pay for the new project separately. In the

case of BB2, the integration of the project into the overall rate structure would

actually result in a lower average cost to customers, so FERC methodology

says to integrate the project into the overall rate structure and share that

benefit among all customers.

Other Projects & Companies | Western Spirit Transmission

Disclaimer

Please note that this information is provided for informational purposes only in order to be responsive to stakeholders’

questions and attempt to generate additional transparency around Pattern Development’s renewable energy

development efforts in New Mexico. Also note that this outline does not represent legal confirmation of the terms of

the NM RETA (the “Agreement”). The Agreement supersedes this outline in the event of any discrepancy.

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For more information

please contact us at:

General Inquiries

505.699.0599

www.nmreta.com/contact

Adam Renz

505.375.1324

[email protected]

Ray Sandoval

505241.2782

[email protected]

Offices:

7500 Jefferson Street NE

Courtyard 1, Suite 206

Albuquerque, NM 87109

523 Main Street

Corona, NM 88318

westernspirittransmission.com

RETA