On September 3, 2009, the ALJ issued and order granting the motion of East Texas Electric Cooperative, Inc. (ETEC) to withdraw its application for a CCN for a 138 kV transmission line in Polk County. On August 19, 2009, the Commission issued a declaratory order on rehearing in Docket No. 36782 determining that a CCN is not required for the Polk County project. The Commission made its decision after ETEC filed a pleading stating that the proposed transmission line would be funded entirely by its members and not through funds obtained under the Entergy Open Access Transmission Tariff. ETEC affirmed that “it will not seek to recover the final, actual costs of the transmission line at issue in this docket [Docket No. 36782] from any transmission customers other than its members.” Accordingly, the ALJ granted ETEC’s motion to withdraw its application in Docket No. 36677 for a transmission line in Polk County.