BPU Vegetation Management > Stakeholder Comments > Assemblywoman Karrow Letter

Ms. Jeanne M. Fox
President
NJ Board of Public Utilities
Two Gateway Center
Newark , NJ 07102

Dear Ms. Fox:

Let me begin by saying that I support the Board of Public Utilities’ (BPU) important goal of ensuring the safe and reliable delivery of electric service to New Jersey ’s residents. I also believe New Jersey ’s electric distribution companies (EDCs), by and large, do an extremely good job meeting the electric needs of its customers.

I commend the BPU for agreeing to re-open its vegetation management regulations (N.J.A.C. 14:5-9) for discussion and, hopefully, amendment. As you are well aware, I have heard from many municipalities in my District as well as homeowners who are very upset about the way in which the BPU drafted and adopted rules that far exceed Federal Energy Regulatory Commission (FERC)/ North American Electric Reliability Council’s (NERC) guidelines and, consequently, the way the rules and regulations are being implemented. Hopefully, through this process, new regulations will be adopted that address their concerns as well as protect the environment and maintain quality, reliable electric service for ratepayers.

Please accept the following comments the BPU rules on vegetation management as part of the public record.

  • New Jersey ’s regulations should be brought more in line with those of FERC/NERC guidelines on electric utilities’ vegetation management. I respect that New Jersey has specific needs as a high density state but I believe that the BPU’s regulations have gone too far. Other high density states (or states, with high density cities) have not adopted such extreme rules like New Jersey ’s BPU without any crisis occurring. I encourage the BPU to consider the policies of other states during this review process. Other industry standards should also be considered, such as the National Electric Safety Code, where and when appropriate.
  • As long as the EDCs are within the FERC/NERC guidelines, utility companies should be granted discretion to make decisions on a case by case basis without the risk of penalty by the BPU.
  • N.J.A.C. 14:5.9.6 (e) 2-6, in its entirety, should be rewritten to ensure that clear cutting be done only when deemed absolutely necessary. The language in this section is so precise that it effectively undermines any attempt in other sections of the rules (9.4 (a) and 9.5 (f)) to direct EDCs to comply with individual line assessment standards and vegetation management strategies. As a result of this inconsistency in the regulations, EDCs, out of fear of being penalized, have opted to clear cut in order to ensure compliance. An unacceptable strategy, in my opinion, in light of New Jersey ’s clear commitment to land preservation, conservation, natural resources protection and efforts to do its part to thwart global warming.
  • The regulations should require EDCs to consult with any municipality recognized by the State of New Jersey to have natural resources (be it land, water, animal or plant species, etc.) deemed environmentally sensitive and/or valuable (i.e. the Highlands, Pinelands) and/or located in the State’s Planning Areas 4 and 5. Specifically, the vegetation management planning in these areas should be treated on a case by case basis reflecting the unique environmental constraints of lands so designated.
  • The regulations should further allow and encourage EDCs to work with any municipality that formally request the opportunity to do so to create mutually agreeable vegetation management plans that will ensure safe and reliable service as well as protect the municipality’s habitat.
  • The BPU should include regulatory language that specifically addresses the impact of clear cutting in the border zone on preserved lands bought with public tax dollars.
  • The Right to Farm Act should be recognized and respected at all times. All farms in New Jersey should be granted extensive latitude in their right of ways before any utility company begins cutting down crops.
  • I am particularly concerned about tree farmers whose crops were planted before 2003 and need more time to mature to make the crop commercially viable. The revised regulations should directly address this issue.
  • The tree height limit should be increased. Specifically, a tree’s expected growth rate should be a factor before any cutting. For instance, cedars are slow growing trees versus white pines which grow very quickly. Consequently, the new rules should be flexible and require EDCs to make decisions based on the type and variety of vegetation in the border zone prior to any cutting.
  • The rules should include language granting homeowners the right to negotiate an agreement with their EDCs to maintain their own trees and vegetation in the border zone as long as the agreement meets the EDCs safety standards and BPU’s regulations.
  • The regulations should include language granting property owners the ability to seek reimbursement from their EDC, via the BPU or otherwise established independent third party, in the event that the EDC removes trees or vegetation from their property erroneously.
  • The regulations should include an opportunity for homeowners to appeal an EDC’s vegetation management plan for his/her property. The burden of proof as to whether a tree threatens a power line should be on the EDC not the individual homeowner.
  • The rules should clarify that it is the responsibility of the EDCs to ensure that all vegetation debris be removed immediately following any cutting or maintenance work. Trees that are cut down should have their stumps ground within a maximum of 30 days.
Ultimately, I believe, the primary problem with these regulations was the State’s attempt to, once again, create a “one size fits all policy.” New Jersey is a very diverse state with different environmental needs. Vegetation management is critical not just for the safe and reliable delivery of electricity but to ensure the beauty and environmental resources for future generations. The new regulations need to reflect both of these goals.

Finally, I would like thank the BPU for agreeing to my request to hold a public hearing on this important policy discussion. State policies are always better when truly vetted and when residents and stakeholders are given an opportunity to comment publicly on their concerns.

Thank you for the opportunity to comment on the BPU’s vegetation management rules. I hope that the BPU, at the end of this process, will finalize regulations that foster the creation of a reliable electric system that does not preclude having rules that recognize legitimate environmental and aesthetic concerns.

As always, I am available to answer any questions or provide additional information.

Sincerely,

Marcia A. Karrow

Cc: Senator Kip Bateman
Hunterdon County Board of Chosen Freeholders
Warren County Board of Chosen Freeholders
Readington Township
Raritan Township
Holland Township
Bethlehem Township
East Amwell Township
Pohatcong Township
Bridgewater Township