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Introduction | 59182 CCN Case | 59475 CCN Case | Commentary AI generated image of potential 765 kV line across West Texas. July 31 update: George Noelke is actively participating, pro se, as an intervenor in two of the proposed 765 kV line projects sought by Oncor and LCRA at the Texas Public Utility Commission. This page provides links to many of his self authored legal documents he filed, as well as other important documents. It is a work in process, as to date the PUC has not officially approved any of the lines. The purported purpose of the lines was to provide additional electricity to the Permian Basin, which includes Irion County. As the cases unfolded, however, it became readily transparent that the lines would also be used as transmission lines for AI data centers. Landowners attacked whether the projects were needed; the lines were transmission lines and did not simultaneously provide for generation of additional electricity. And, as the cases neared final decision at the PUC, public outrage at data centers and the economics of mass energy generation have caused Governor Abbott to propose that data centers need to be responsible for their own energy generation. See additional commentary at the bottom of this page. A. 59182 (Involving Irion and other Texas Counties) August 14, 2026: ALJ Exceptions Letter responding to Noelke’s jurisdiction issue filed, wholly rejecting his arguments. Noelkes exceptions not considered. (See Commentary below.) August 14, 2026: Go here to view the PUC board meeting addressing the 765 kV cases. PUCT Chairman Gleeson filed this memorandum about this meeting. Query whether the public comment by intervenors was ex parte. The same day Senator West files this letter on behalf of the Rocker B; note that he is not calling for dismissal of the cases. And, see the Exceptions Letter also filed the same day, mentioned above. August 2, 2026: Noelke's Notice of Legislative Testimony filed in 59182 and 59475. The PUC isn't as eager as Senator Schwertner is to get these cases dismissed, so this document serves as a prompt. July 31, 2026: Noelke’s jurisdiction objection to the PUC setting late deadlines (after the 180 days) for exceptions and replies to the PFD. July 29, 2026: Noelke’s testimony before the Texas Senate Business & Commerce Committee. July 15, 2026: Noelke’s Notice of Denial of CCN by Operation of Law. Note: about 1 day after filing this the PUC filed a response to the SOAH memorandum and set a deadline for exceptions and replies; See Item 555. Without briefing this here, this filing still does not adequately addressed the missed deadline; the PUC can't correct for the missed deadline simply by late filing their response. July 14, 2026: Applicants’ Reply to Motion to Dismiss July 7, 2026: Noelke’s Motion to Dismiss 59182 . (The pending deadline for the CCN to approved by the PUC is July 14, and it is legally impossible for them to meet that deadline. ) June 17, 2026: Noelke’s Exceptions to the PFD. June 9, 2026: Proposal For Decision (PFD) favoring Oncor/LCRA’s Route 228. April 10, 2026: Noelke’s Post Hearing Reply Brief with recommended Findings of Fact, Conclusions of Law and Ordering provisions. April 3, 2026: Noelke’s Initial Post Hearing Brief. February 18, 2026: Noelke's Statement of Position and Route Adequacy Challenge and Direct Testimony. B. 59475 case May 17 - July 29, 2026, en masse dismissal of Intervenor issue: Noelke's Objection to Applicants' List of Intervenors who did not file Statement of Position or Direct Testimony and Motion to Provide Notice and Opportunity for Hearing. And, Applicants' Response to Noelke . And, Another response by Noelke of the dismissal of over 800 Intervenors en masse. And, yet another Noelke Motion for Clarification of Order Dismissing 839 Intervenors en masse. Note: this list is incomplete. For a plain English summary of these arguments, see the third point here: testimony to the Senate Business and Commerce Committee on July 29. May 9, 2026 Noelke's Statement of Position. May 5, 2026 Noelke's Response to Applicants' Objection to Kennedy's Motion for Continuance. C. Commentary August 16, 2026: This Exceptions Letter says I am headed to Oral Argument at the PUC. Note: losses down below in the administrative process creates more grounds for appeal at the district court and above process. Will update site once the PUC announces when oral argument is scheduled. July 31, 2026: A couple things come to mind after attending the full day (14 hour) Senate Business and Commerce Committee in Austin on July 29: HB 5066 was initially understood to be a "study" bill, not the justification for using the Permian Basin Reliability Plan to build 765 kV lines. The 180 day deadline is already understood to be be too aggressive by both the PUC and this Committee. The en masse dismissal of the 839 Intervenors in 59475 is weighing heavy on the minds of the Committee members. Here is my written testimony to the Committee. My spoken testimony was much more brief because speakers were only allowed two minutes. The day after this hearing I filed this notice about the PUC's and SOAH's ongoing lack of jurisdiction. July 4, 2026: Bruce Springsteen recently said in this interview, "Well, I believe in critical patriotism. I believe that's the definition of a patriot, that you love your country so much that you are willing to look at it clearly, recognize its faults, encourage it to be a better place, and believe that you carry in your heart the country that is waiting." There's no better example of critical patriotism than the massive numbers of landowners who have come out to fight these 765 kV projects. These are the folks who understand how unjust this process has been, not the elected legislators and the Governor who have come late to the process to register their misgivings. Elsewhere in these pages I have quoted James Baldwin, "I love America more than any other country in the world and, exactly for this reason, I insist on the right to criticize her perpetually.” These are the things I am thinking about on this 250th celebration. June 20, 2026: Listen to this February 2026 interview of Elon Musk for why he thinks in 30-36 months AI data centers will be located in space. It comes down to 1) it is very difficult to build large scale energy generation plants on the ground, and 2) solar energy in space. Keep in mind that these 765 kV projects are transmission not generation projects. Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting The base was being prepared for the pavement part of the new flume on 4th Street on August 13. No one should cancel their flood insurance just yet. August 17 Agenda August 10 Agenda A. Agenda Analysis 1. August 17 agenda: a. Hibbs and Todd and the Texas Water Development Board (TWDB), item 6: Underscore "explain delays" in this agenda item. Ground hasn't broke on projects approved 2+ years ago. Put plainly, Hibbs and Todd has repeatedly not treated the City of Mertzon as a valuable client. b. Ferguson Alley closure request, item 7: Watch all street and alley requests for closure for equal treatment under the law. c. Ordinances 19.02 and 16.01, items 11 and 12: Pending analysis below. 2. August 10 agenda: a. I missed this meeting, but I have listened to the audio. (Audio recordings of public meetings are subject to the Public Information Act. The City has a reliable history of being cooperative with the production of these recordings without cost to the requestor.) b. Analysis pending I predict that the new drainage system on 2nd Street, paid for by IC ISD bond money, is going to need ongoing maintenance after all measurable (1"+) rains. For all the talk of "no new taxes" before the 2024 IC ISD bonds were passed, taxpayers can't ignore the downstream maintenance and operations cost increases that were never discussed (but were foreseeable) before the bond vote. So, the operative question to ask when the next IC ISD bond is proposed will be: "Can we afford to maintain it after all the bond money is spent?" IC ISD is facing a 29% reduction in its tax base for 2026. The City is also facing a shortfall, but not nearly as drastic. What will save both the City and IC ISD in 2027 is a history of aggressively paying down existing debt. B. Meeting Review Pending C. Commentary Watch for my 765 kV updates. There was a lot of activity on the cases on August 14. Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting The latest design of the entry flume where stormwater will flow into the new detention area at 4th and W. Fleming. Click on the image to enlarge it. Architect/engineer drawings and plans are subject to the Public Information Act, btw. A. Agenda Analysis Start time: 8:00 pm, not the usual 6:00 pm slot. Action Item 8, first matter: Dr. Joyce Gray, Tax Assessor Collector for Irion County, will be presenting her numbers on the proposed tax rate. This is hands down the most important part of this meeting. Watch for more board meetings this month to set the rate and budget. Action Item 8 # 5, Guardian Program: Search in the search box on this page for “guardian” to see why I always highlight this on District agendas. Let me add another reason to pay attention: ammunition is not cheap. Action Item 8 # 6: Election of Board Officers. I received a a heads up about this matter a few days before this meeting. I’m not going to preempt the re-org out of respect for what the Board wants to accomplish here. Opening ceremonies, Moment of Silence, Item 2: My preliminary research is that this is the only way this can be done. Note that the law on prayer at meetings is different for school boards than it is for other local government entities. Administrative reports, item 6: Always relevant. This was the site on August 1. B. Meeting Review Open forum, Public Comment, Item 3: This is the ideal use of Public Comment - a new mother (who brought her baby to the meeting and handed off the baby to the new father before she spoke) protested that she was told by an (unnamed) IC ISD coach that she couldn't use the new track around the football field as a place to walk her baby in a stroller. Even the baby had a role, crying a bit at the beginning. The mother's point was spot on: explain your policy. (There's no discussion during open forum, so no resolution could be offered during the meeting.) Action Items, Item 1, proposed tax rate: The Board approved a proposed M&O (maintenance and operations) tax rate of .635 per $100 valuation and .23 per $100 for I&S (interest and sinking). According to Dr. Gray, loss of loss of value is substantial: 39%. That loss is almost entirely based on minerals. The expected loss was 10-15%. The Board's next meeting will be August 27, when it will likely approve these rates. Action Items, election of Board Officers, item # 6: President Carlile advised the Board that she might not be running for re-election in 2027 and, if so, wanted to assure a smooth transition. She recommended that she and Chad Koonce switch roles (she is President and he is Vice President), so that she could spend this year mentoring VP Koonce. The Board made it happen in two votes. Admin. reports, item 6A, Business Manager's report: Ms. Lakey announced that recapture (local tax revenue going back to the State because Irion County is a "wealthy" district) this year will be $8.143 million. Also, watch for around $200,000 in budget amendments at the next board meeting. Admin reports, Item 6C: Supt. Heath advised on bond matters that the District is attempting to get an earlier move in date on the new library so that bidding can start earlier on the 1909 first floor renovations. The 1909 building is slated to all be dedicated to Administration. Construction update, item 4: The folks at Gallagher announced that the pavement for the 4th Street flume will be put down this week by Aug 14. Note what was not mentioned: Gallagher did not mention when they would be carving the drainage flume down the alley from the new transportation facility so that the new water from that facility would also be directed into the new flume on 4th St. They received a go ahead from the City Council earlier this year to construct this flume. (It is necessary so that all that new water goes into the new detention area and not invade the property of the next door resident and adjacent neighbor. Slot Canyon in Kasha-Katuwe Tent Rocks National Monument, about 45 minutes west of Santa Fe NM. C. Commentary Tax base: As grim as a 29% tax base loss is, pay attention to whether there will be partial recoveries in 2027 and 2028. I would be guessing at the improvement values, but the Eiger pipeline will be partially online in 2027 and fully operational in 2028, if current plans hold. It is larger in size than the currently operational Matterhorn pipeline. Board transitions: In my own nonprofit board experience, I failed to come to grips soon enough with my burn out and exhaustion. I really admire what now former President Carlile has set out to accomplish in this meeting. Regardless of whether she comes or goes next year, her recognizing the need for mentoring and making the time for it is vitally important for the health of the board. Giving up power and managing the transition of power to someone else is one of the most selfless acts a leader can make. That is tangible evidence of one's dedication to the institution they are serving. 765 kV update: Once a contested case proceeding began in these cases, they have become very difficult procedurally to slow down, much less get the applications entirely dismissed. I do think we are in the process of watching them get dismissed, though the lawyers and elected officials on all sides are being vigilant. What made the difference were the large number of landowners, including some from Irion County, who traveled to Austin to attend the Senate Business and Commerce Committee hearing last month. Another factor has been the changing market forces. The 765 kV lines, as justified by the Permian Basin Reliability Plan in 2023, didn't consider the impact of AI data centers on the load. Today, it is estimated that if the 765 kV are built as planned, 91% of the load will be for data centers. It is also readily transparent that none of these lines would decrease the cost of electricity to consumers. Tent Rocks National Monument: Go here for more information. It is absolutely worth the visit. If you schedule it just right, you can be back in Santa Fe to eat breakfast at Pasqual's before the lunch crowd hits. Blintzes and Huevos Motulenos, oh my! This was the site on August 10, the date of this meeting. That is Estes Gym in the left and City Gym on the right. Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting 4th Street between Juanita and W. Fleming in Mertzon, as of Aug. 1. A July 31 deadline in the MOU has passed, but the District appears to be operating in good faith. A wet July has slowed construction. A. Agenda Analysis Ordinance 7-15-24, item 5: It is impossible to tell from this agenda description exactly what this is about, so I searched "7-15-24" on this site and...go here to review my previous coverage. This ordinance addresses special events, parades and block parties. If memory serves from a discussion at a meeting last month, perhaps the ordinance was recently neglected over the July 4 holiday. The rest...is a standard agenda. B. Meeting Review Pending. And it may be pending until next week. C. Commentary Make sure and review my 765 kV page for updates. I testified last week at the Texas Senate Business and Commerce Committee hearing on the impact of 765 kV on landowners. Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting The new flood prevention construction by IC ISD on 2nd Street between Fayette and Juanita. A. Agenda Analysis Previous meeting: A previously scheduled meeting was postponed for lack of a quorum, and several of the items on this agenda were on that agenda. Here is the page for that meeting. Nexbil, item 8: The City doesn't currently have an online portal for water/sewer customers to access and pay their accounts. My recollection from a previous Council meeting that this item will address this. Texas Water Development Board WSIG grant, item 9: More information on the TWDB Water Supply and Infrastructure Grant can be found here. These last several years the City (and, in particular, Michele Rabenaldt) has been quite successful at getting grant monies, so this is something to watch. ICISD is immediately to the west of the diversion. I have some doubts about how it will perform, but I’m going to let it be for the moment. B. Meeting Review Ordinance 7-6-26, item 5: See page 3 of the meeting documents. This is the ordinance required by 311.008 of the Texas Transportation Code to close an alley or street. Council Member Crutchfield made the motion to approve, Council Member Harper seconded, and the Council unanimously approved. See my Commentary below on the significance of this vote. The Council had a good meeting and accomplished several other worthwhile things, like approving the application for the WSIG grant. But, for this meeting I am going to keep the focus on Ordinance 7-6-26. Big Bend National Park allows e-bikes, except on hiking trails of course. The park is an easy 3 hours drive west of Mertzon. C. Commentary My regular readers know that the origin of this site is based on Irion County ISD's 2019 bonds that were used to construct a 30,000+ sf gymnasium a block from my home. Stormwater runoff was already flooding my property, and it was evident from the placement of the gym that my property was going to be inundated with even more water. My early advocacy included a brief unsuccessful effort in District Court using the Texas Private Real Property Preservation Act at Texas Gov't Code Chapter 2007. I've stayed out of the Courthouse since then. Instead, I've relied on persistently attending public meetings, oral and written advocacy and, of course, this blog. This meeting of the Council is significant because it represents the City of Mertzon coming full circle and finally recognizing my key argument that I presented before construction of the gymnasium started: the City failed to lawfully close the street and alley under 311.008 of the Texas Transportation Code. In this meeting, the Council left no room for doubt by passing Ordinance 7-6-26 that applies 311.008 for the benefit of a local citizen who sought to have an alley abandoned when the citizen owned the entire city block. Council Member Crutchfield, the very same member who made the motion to close the street and alley for the benefit of IC ISD's gym, made the motion to close the alley for this citizen. Full circle. One reason for municipalities to strictly abide by 311.008 is that failing to follow it leaves a cloud on the title of the property that was abandoned. That is why I don't recognize the new gymnasium near my property as "Hornet Gym", its given name by IC ISD, but instead as "City Gym". There's no duration of squatting on that street and alley by IC ISD that will ever convert it to the property of IC ISD. I predict in the future IC ISD will have trouble getting Moody AAA ratings through TEA's Bond Guarantee Program when they seek to pass bonds to improve the gym. IC ISD is just like the rest of us when we seek to use credit to improve real property - if there is a cloud on the title they are going to pay more or maybe not even get the credit at all. Another reason to abide by 311.008 is that a protestor like myself just may have a point: abandoning the street or alley is not in the best interests of the public and may have some very expensive consequences. In my situation, IC ISD had to spend over $800,000 in 2024 bond funds to build a flood detention wall to protect a Mertzon city street and my real property from flooding. (Case law has long held that the flooding of private property by government is an unlawful "taking" under the Texas and US Constitutions. If the government doesn't first pay a fair price first for the taking, the flooding is called "inverse condemnation". ) Moreover, the extra rainwater runoff from the impervious cover of the gym will forever flood City Park, where the rainwater drains to, and where the Community Center, public pool, public livestock arena and IC ISD's football stadium are all located. So, the costs associated with City Gym will be experienced for decades to come. All that said, Ordinance 7-6-26 stands for progress for property owners in Mertzon. And, perhaps others are using this unfortunate situation to learn from. Because folks are always searching for how to close a city street or alley, my page Alley Oops regularly receives hits and remains popular on my blog three years after it was posted. 765 kV cases: Last week was a significant week in these cases. I filed a notice that because the PUC had missed a significant deadline the application sought by Oncor and LCRA, including the route that goes through Irion County, was denied by operation of law. Also, there’s a Texas Senate hearing on the cases on the 29th. I’ll provide more info on my 765 kV page. A delicious combo plate can be found at the Boquillas Restaurant Bar in Boquillas Mexico. You can get there inside Big Ben National Park at the Boquillas Entry Point. There’s a boat ride available to cross the Rio Grande, and after that you can get a burro ride into Boquillas. Get it all done before 11:00 am in the summer. It’s blazing hot by 11:00 down there. Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting As of the week before this meeting, the plume for stormwater to enter the new detention area at 4th Street is under re-construction. The first edition was not nearly robust enough to handle the water, and it is being redone at no expense to the District. Agenda for this public meeting A. Agenda Analysis Bond update, item 3: This is Supt. Heath's second meeting, and he is here during peak construction of the new elementary school. Administration reports, item 4: Everything here is important. I am following the TIA item at 4B. See my meeting review for the Oct 8 2025 meeting at B3. In short, this program gets higher salaries for teachers if they meet certain performance goals. It is highly structured and worth the attention. Hiring and resignation, 6A and 6B: I always pay attention to the comings and goings. It is generally easy to learn about new contract approvals, but resignations can be firings. They are often hard to get info on without an PIA request after the meeting. Approval of minutes, item 7D: I missed the last meeting, though I've received an update on it from President Carlile. I anticipate doing a PIA request on some matters related to it and covering it later, but the 765 kV cases are taking up my extra time. Miscellaneous: There are a few things about this agenda that are unique and worth knowing more about. At the beginning of Dr. Moore's tenure I publicly dinged her on some things on her agendas. I learned some things from that approach, and I won't be handling it just the same way here. Birders and local thrill seekers: stand in the street next to my Pecan tree and these two Mississippi Kites will pay you a surprise visit. They often perch in this oak tree across the street. There are more in the area, but I'm unsure of their numbers. The local squirrel population, though, has suddenly decreased. They don't seem deterred when I wear a bike helmet around them... B. Meeting Review Bond update, item 3: The folks at Gallagher provided the Board with some bidding updates, as well as flood detention construction work. The flood work on 2nd St. between Fayette and Juanita is nearing construction. (Photos are being posted here at the City Council meeting page.) The project on 4th between Fleming and Juanita is seeing delays because it isn't passing certain tests. I will be exploring this soon. Administrative Reports, item 4: a. Principal Parker gave an update on student progress on the state tests; I will be exploring this more after reviewing the meeting documents. The District has met "meets and masters" (the State target, which is above passing) in every single area except for elementary math, secondary math and RLA growth targets. See my Commentary below at C2 b. Teacher Incentive Allotment, item 4b: According to Principal Parker, progress continues towards getting certified. This is a multi-year project. This current year is considered the data collection year, and if certified teachers won't receive funds until Aug 2028. Here is the TEA site on the program. Whether teachers get extra funds in part is based on 60% student growth and 40% teacher evaluation. The Board will approve the spending plan on 10% of the funds awarded to the District. (90% of the funds go to teacher, 10% goes to the District to allocate within the TIA program.) During the discussion it was apparent that Supt. Heath is as supportive as Supt. Moore was when she initiated the program during her tenure. c. Business report - close to $8 million will be returned to the state for the current year. Watch for several budget amendments at the next board meeting. Budget docs to be posted here soon. d. Supt. report: Supt. Heath gave an update on ramp sales, damage to auditorium stage, classroom carpet replacement and auditorium lighting system/sound system evaluation. Campus updates: 9 students were awarded the Lonestar Degree in FFA. This is the highest degree the State awards. (I am not surprised by this - this is a really good program at the District.) Mr. Green and Principal Parker received Honorary Lonestar degrees. Campus Security - Guardians received training in June, will finish up in July. Hiring, item 6a: Put off until a fter Executive session. (Afterwards, President Carlile advised me they approved 3 new hires, meaning the District is fully staffed. Consent agenda: all approved. Watch for my document update on meeting documents. Previous meeting: My regular readers might have noticed I did not write up a page on the Board's June 3 meeting. I missed that meeting but am in the progress of doing a PIA request for those documents. President Carlile has advised me of the following: We went over policy update local/legal 127. Approved 2 bids for the bond. One was for work on the retention pond on 2nd St below the band hall and ag shop. That project was all coordinated and approved by the city. The 2nd bid was to remove all the plumbing and electrical for 2 of the portables that we were able to get a few teachers out of. We approved some teacher/coaching contracts to replace the coaches that have either left or retired. I believe Head Boys BB is all that we’re lacking. There were 2 ladies that spoke in open forum wanting us to consider adding volleyball for the girls. Then the usual consent agenda items. The scene at ICISD on the date of this meeting. C. Commentary 765 kV cases: I have added a new page, 765 kV Documents. If you’ve noticed some delays on my posts, well these cases are the reason. Administrative Reports, Principal student data: My general approach has been to not address academic performance at ICISD in this blog. However, the community doesn't have parent advocates attending the board meetings, while at the same time it experiences regular superintendent roll overs every few years. The community, even those of us who don't have children at the school, has a stake in District's academic performance. I want these students to receive a better than an average education because that benefits the community at large. An educated community creates diversity of thought and greater opportunity. Prayer - at Item 1. No need to write a treatise here. The law makes it virtually impossible to have prayer at school board meetings, as it should be in my opinion. President Carlile passed on the opening ceremonies for this meeting, which is often the case during summertime, so there was no prayer. More on the football field and Hellas: Also attention worthy at this meeting was the football field treatment for fire ants and harvester ants. Do a search on this site for "Hellas" to get my background here. Briefly, one of the problems with the previous field was, like most artificial turf fields, the rubberized material to soften the field retained heat. When Hellas pitched their field to the Board, a key selling point was that it would not burn the kids by overheating. What they failed to disclose was their organic pellets they use are basically ant food. Ants love the stuff! Supt. Heath advised at this meeting that the District would be paying about $2,200 a year for ant treatment. This isn't a huge amount when you consider their budget is over $20 million. But, this ant extermination effort is putting pesticides into our ecostystem (Spring Creek is less than a 1/2 mile away) and exposing the kids to the treatment. I’m keeping my opinion that grass is better than artificial turf. Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting THIS MEETING HAS BEEN CANCELED FOR LACK OF A QUORUM. I WILL REPOST WHEN IT HAS BEEN RESCHEDULED… A “Strawberry Moon” over downtown Mertzon on June 29 2026. This is the first moon of the summer when the moon is at its farthest from the earth - the apogee. A. Agenda Analysis I am terribly busy at the moment, so my analysis for this meeting will have to be my highlighted marks above. Alley closing, item 5: I wrote extensively about this last July 7. B. Meeting Review Pending C. Commentary Screworms: The July 2, 2026 Livestock Weekly issue has a reprint of their February 1962 article on the prevention of screw worms by using sterile flies released from planes and vehicles. We’ve known and put into practice how to avoid this for over 60 years. Here is the Texas Animal Health Commission page, with infestation map. Mertzon is not currently on the map, but it’s a matter of time… 765 kV cases: See my page 765 kV documents. Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting Gallagher et al began the redo of the street flume on 4th Street the week before this meeting. Large amounts of stormwater runoff come from City Gym in the background. The purpose of the flume is to redirect the water off of the street and the alley (where stormwater from the new transportation facility is directed) into the new flood detention area. The amount of water that is repelled from an impervious surface (like a gym roof) can be determined by a mathematical formula. So, this is a math problem long in the making. A. Agenda Analysis Speed bumps, item 5: The Council should be considering vendors and pricing at this meeting. Mayor Pro Tem: Jayton Lindley recently left his Pro Tem post for the IC ISD school board. Councilman Councilman (you read that right) was elected as his replacement. B. Meeting Review Duncan Speed Bumps, item 5: The vendor quote was discussed, then support flattened. The matter was tabled, but more probably dead. Slow down, folks. It’s a street bordering a park. There are a pair of Mississippi Kites, raptors, aggressively dive bombing in the vicinity of 4th and W Fleming. C. Commentary I’ve created a new page for the 765 kV transmission cases I am involved in. See 765 kV Documents. Screw worm: I helped doctor wormy sheep infected with maggots in the 60’s during the last screw worm outbreak. Take this outbreak seriously. Enough said. Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting Mertzon is usually not a place where one will see protest signs, so this sign along Hwy 67 in Mertzon really stands out. Folks are worked up about this issue, and, being involved in it on the legal side trying to stop it as I am, they should be. The Irion County Commissioners Court last week filed these comments in the latest 765 kV case at the PUC, 59475. A. Agenda Analysis Chapter 391 formation, item 6: This item will enable the Court to huddle with its attorney in private to discuss whether to form a 391. I judged at this meeting that there was plenty of reluctance about forming one, but I have not spoken directly to any of the Commissioners or Judge Criner about where they landed after that meeting. Note: a legal standard under the Texas Open Meeting Act is that it is proper to seek the advice of attorney in an executive session. Tax abatement Agreements, item 7: Always, always pay attention to tax abatement issues on agendas. I don’t know what this one is about. Tree removal, item 5: This issue has come up at least once before. In order to replace the high bridge going into Sherwood some beautiful - and large - pecans are to be removed. Another issue that probably needs to be addressed is whether the design of the bridge is going to block the community's access to Spring Creek at that location. Folks need access to rivers, always. B. Meeting Review Pending - I am attending (online) the hearing on the merits for the next segment of the 765 kV line that basically runs from Eldorado to Belton. I may not attend this meeting. C. Commentary I've heard it said that one way an appellate attorney is made is that they lose their case in the lower courts. I can cover that base. One appellate issue I'm setting up is objecting to the wholesale, en masse dismissal of over 800 intervenors, without adequate notice, in the current 765 kV case. Related to that, here is my most recent pleading in that 59475 case. On June 1 the ALJ’s ruled against me here on page 7. And, on June 2 I filed this Motion for Clarification of the order ruling against me. That clarification is a necessary prerequisite for an appeal (I don't know yet whether there will be an appeal), and on June 5 the Court provided me with one in SOAH Order 29 on pages 5 and 6 here. As mentioned at the top of the page, the Irion County Commissioners Court last week filed these comments in the latest 765 kV case at the PUC, 59475. If you see or communicate with Judge Criner or any of the Commissioners, thank them for these comments and for staying engaged. pending Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting AI generated image of a 199 foot tall 765 kV transmission tower similar to those being proposed in the 765 kV cases. One thing to note is that the installation of these towers relates only to transmission of electricity, not the generation of it. This is a joint meeting of the Mertzon City Council and Irion County Commissioners' Court, so you'll find both agendas below. A. Agenda Analysis Presentation by Dan Byfield, Items 5 and 4: This is the same agenda topic as this meeting back on May 12 that was cancelled. The information I provided on that page is still pertinent to all the 765 kV cases. Mr. Byfield is the CEO of American Stewards of Liberty, a property rights nonprofit that is very active as an intervenor in the 765 kV cases. Also, see my Commentary below for more. Meeting location: This will be in the District Court courtroom on the 2nd floor of the Irion County Courthouse. Significance: In my now 7 years of closely watching local government in Irion County, to my knowledge this is the first joint meeting of the City Council and County Commissioners. You can read the City's resolution here at B2 and the County's resolution here to see their alignment on opposing 765 kV lines. Joint meetings: A joint meeting isn't addressed in the Texas Open Meetings Act. So, what you see here with two agendas is the most practical way to approach it. Each governing body posts their own agenda announcing the time, location and topics of the meeting. There's no requirement that the agendas must be identical, and these are good examples of how agendas vary among governmental bodies. AI generated image showing a 200 ft tower for a 765 kV line with easement showing how much land has to be condemned. The easement is “perpetual”, meaning forever. B. Meeting Review This was a worthwhile presentation by Mr. Byfield, but…there was some real hesitation as evidenced by the questions asked to him. I think the larger issue is lack of resources - small counties and cities have fewer people available to help. An alternate positive take away: Judge Molly Criner and Mayor Aubrey Stewart are coordinating. County/City alignment doesn’t happen typically, so this is a good signal. Landowners need to continue to send the message to our elected leadership that infrastructure development and growth is unacceptable. The key limiting factors will always be available water and preservation of natural habitats. C. Commentary Here is my most recent pleading in the 59475 case. On June 1 the ALJ’s ruled against me here on page 7. And, on June 2 I filed this Motion for Clarification of the order ruling against me. A "Proposal for Decision" or "PFD" is the judicial recommendation by the Administrative Law Judge(s) the includes her recommendation to the PUC on whether to grant the license (the "CCN") to Oncor and LCRA. The first level of appeal for the first PFD in a 765 kV case is happening now in the 59029 case. The CCN case going through Irion County is the 59182 case, and a PFD hasn't been issued in it just yet. Here is the PFD in the 59029 case. Here is American Stewards' Exceptions to the PFD (the first appeal). Among other things, they say these lines aren't needed in the first place. Here is their Statement of Position in the 59475 case. Here is Delaware Basin's Exceptions to the PFD. (I include it because it goes into some details about how dangerous it is to be running a 765 kV line over pipelines, an argument I focused on in the 59182 case; it is being proposed for the 765 kV to go over two pipelines, a 42" and 48", carrying 6.2 billion cubic feet of natural gas per day on my property. Things to watch for in Irion County: The next important date will be when the ALJ issues the PFD in the 59182 case. That date starts a clock for the intervenors to file "exceptions" to it. Because of the 180 day limit, the deadline to file those exceptions is short - 10 days or so. The PUC has to decide the case by July 14, so the intervenors will have to move fast once the PFD is filed. Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting NOTE: There is a special meeting of the Mertzon City Council and the Irion County Commissioners Court on June 2, 2026 to address the 765 kV cases. That page is pending. Texas Health and Safety Code 342.001 allows a municipality to regulate stagnant water. I had previously thought of this new pond on 2nd St. on IC ISD property as an issue for the Texas School Safety Commission. It is that, but the City also has broad authority to regulate it even when it is not on municipal property. And, as a reminder for why IC ISD cannot simply dump its stormwater onto my property and my neighbors' property in the picture above, see Texas Water Code 11.086. A. Agenda Analysis 2nd Street drainage, item 5: This is a continuation of the extension of the MOU, found here executed by IC ISD and previously addressed here by the City Council. Speed bumps on Duncan, item 6: I did not attend this part of the last meeting when this was addressed. The language of the item is written so that they can approve the installation of the speed bumps. The rest, items 7-10: Standard fare, but always important. Last week’s election results. B. Meeting Review Pending C. Commentary Pending Copyright 2026 G. Noelke

Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting See my May 26 updates below. IC ISD elementary under construction. A. Agenda Analysis "Special" meeting: A "special" meeting is a meeting called because some matter of business falls outside the regular monthly meeting and has to be dealt with before the next regularly called meeting. The word "special" doesn't appear in the Open Meetings Act, and it different than an "emergency" meeting. Approval of new Superintendent, item 3. The "special" part of this meeting is that the 21 day wait period to hire is expiring, and it is time for the Board to take the official act of hiring. Dr. Underwood may be officially hired here, but my understanding is that Interim Mr. Underwood is staying on until early June. MOU with the City of Mertzon for drainage projects, item 4: This relates to the same MOU the City Council is addressing at its meeting the day before. There's a trade going on, and to keep it alive the parties need to extend the term. In a larger city, the city would be asking the District and its construction agents to comply with various development related ordinances. Since those ordinances don't exist in Mertzon, the City and IC ISD created this Memorandum of Understanding so that each side gets what it wants. The jury is still out, but it could be that this MOU method of regulation may be the model for future IC ISD bonds. Closed session, item 6: I point this item out because this agenda is a good example of different drafting styles for a common issue. Dr. Moore's style for this item was simply "Personnel" as the agenda item. See agenda item 13 a at this meeting. Mr. Underwood, in contrast, states "deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of contract and/or at-will employee". Both of these postings refer to Texas Gov't Code 551.074, the personnel exception. And, both of these are correct under the law. I have a preference for agendas to be as detailed as possible so that board members don't go off agenda. So, an agenda item that spells out "deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal" is a reminder to the board in closed session that there are parameters to their discussion in closed. They can't just talk about anything...the discussion must be limited to "appointment, employment, evaluation, reassignment, duties, discipline, or dismissal". If you want to dig deeper, the Texas Municipal League's Closed Meetings to Discuss Personnel Matters, page 29, Open Meetings Act Made Easy, is a good place to start. How to get rid of this pool of standing storm water on the IC ISD campus is one issue that will likely get resolved with an extended MOU. Seems harmless enough, but I reckon in time the Texas School Safety Center will have veto power over it. The pool didn't exist until a 2024 bond contractor scraped the area down to the limestone, which is quite impermeable. Kids that want to fish will have to go to Spring Creek, so former Supt. Bryan Gray's idea of a fishing pond for students back when he proposed the 2019 Bonds is as good as an expired fishing license. B. Meeting Review May 26 update: I have uploaded the meeting documents, including the new Superintendent contract with Dr. Michael Heath. I have also updated my 765 kV case in the Commentary at 2. Employment of new Supt., item 3: The Board voted unanimously to hire Dr. Michael Heath. The motion did not include a term or salary, so I will be doing an PIA request for that soon. I'm also not sure of the exact start date, though I believe it to be in early June. MOU with the City of Mertzon on flood projects, item 4: Upon Interim Supt. Matt Underwood's recommendation, the Board approved an extension to the end of July. This was the period recommended by Gallagher Construction at the City Council meeting on May 18. So, this rounds out the extension among both parties. The re-do of the flume on 4th Street was also raised during the discussion, and President Carlile made a point of saying that those expenses were going to be born by "them", as in Gallagher or its contractors, but not IC ISD. This is important because the initial budget of $800,000+ was not generated by IC ISD, and there's little doubt that when these corrections are done it is going to be well above that. (The $800,000 figure was the budget total for both projects combined, and that amount has already been spent on the project at 4th and W. Fleming.) HVAC and roofing bids, item 5: The Board agreed with Supt. Underwood to postpone here until next year on this project. I'm not sure of the exact reasons, but I suspect that initiating such a large project during an interim superintendent's brief tenure was at least one factor. Supt. Underwood's time here will be less than two months, and I could tell even during my brief meeting with him that he is (appropriately) reluctant to initiate anything long term. Closed session, items 6 and 8: I did not stay beyond the announcement of the closed session; I understand there were no votes taken once they returned to open. This aerial view of the IC ISD campus is as of May 13. My best guess is that by the time Dr. Heath arrives in June the build out will be well less than 50% complete. C. Commentary Dr. Heath as a rain maker? A significant rain, hail, wind and lightning storm happened during/after this meeting. Dr. Heath was in attendance at the meeting, and perhaps he, Supt. Underwood and the Board all got to see...that I have not been exaggerating. 765 kV update: a. This pleading of mine that I filed on Sunday before this meeting. Here is the Oncor/LCRA reply to that pleading, and here is my response to their reply. And, this excellent resolution by the Irion County Commissioner's Court filed on Tuesday. b. I was able to successfully intervene last week in the CCN 59475 segment of the project that goes from Eldorado to Belton. This is significant because my argument for intervention was essentially that my ranch in Irion Co. created an ongoing justiciable interest in the case next door where I don't own property. Frankly, I've never been a part of litigation of this magnitude, what with I'm guessing over 1,500 intervenors. I'll quote what some of the legislators (now having second thoughts about this mess) are saying: Texans deserve a more thoughtful and deliberate approach to improving existing infrastructure, one that enhances reliability and resilience, reduces costs, and better protects private property rights. I agree. Well said. Copyright 2026 G. Noelke