1 1 STATE OF NEW JERSEY BOARD OF PUBLIC UTILITIES 2 NEWARK, NEW JERSEY 3 BOARD AGENDA 4 DATE: FRIDAY, FEBRUARY 1, 2008 5 ITEM 2B 6 ENERGY 7 - - - - - - - - - - - - - - - - 8 DOCKET NO.: EX07070511 : : 9 IN THE MATTER OF THE READOPTION : OF N.J.A.C. 14:5, ELECTRIC : 10 SERVICE RULES - RULE ADOPTION. : - - - - - - - - - - - - - - - - 11 BEFORE: PRESIDENT JEANNE M. FOX 12 (Via Telephone) COMMISSIONER FREDERICK F. BUTLER 13 COMMISSIONER JOSEPH L. FIORDALISO COMMISSIONER CHRISTINE V. BATOR 14 (Via Telephone) 15 16 17 18 19 20 21 22 23 24 J.H. BUEHRER & ASSOCIATES 2295 BIG ENOUGH WAY 25 TOMS RIVER, NJ 08755 (732) 557-4755 2 1 COMMISSIONER BUTLER: Item 2B. In matter of 2 the readoption of the electric service rules. 3 MR. FORTKIEWICZ: 2B was going to be 4 deferred today but -- in terms of the board taking 5 action. 6 But I believe, President Fox, you wanted to 7 have some discussion, particularly on the vegetation 8 rules. 9 PRESIDENT FOX: This is such an important 10 topic you and there's some public interest in it. I 11 think we should discuss it, and then we can deal with it 12 at a later board meeting. 13 Well, obviously, I think we have to -- some 14 people might not know it, but we're going to have to 15 take some action. We might have to take it sooner than 16 later. Staff has to figure out timing-wise since we 17 can't let the rules lapse. 18 MS. WYNER: We received numerous comments 19 and know that this matter is the readoption of Chapter 20 5, the electric rules. One part of that deals with 21 vegetation management. Overwhelmingly, the comments we 22 received dealt with that particular issue. We just 23 received some additional comments just very recently. 24 We just might want to take another look at 25 it. We actually made very few changes to those rules 3 1 that have been in existence about a year and a half. 2 On the reliability portion of these rules, 3 we also made very few changes anticipating that we may 4 want to take another look at those once the Energy 5 Master Plan comes out. 6 COMMISSIONER BUTLER: Okay. 7 Commissioner Fiordaliso. 8 COMMISSIONER FIORDALISO: I'm glad we're 9 only discussing these today because of the public 10 interest in these vegetation rules. I am sure we've all 11 heard from a number of citizens and also a number of 12 elected officials and it, I think, is beneficial to be 13 able to discuss this prior to any adoption or revision 14 or whatever we're going to do with the rules. 15 I just have a couple of questions regarding 16 this, Nusha, and maybe you can help me with them. 17 Number one, our rules, are they more or less 18 strict than the federal rules as far as vegetation 19 management? 20 MS. WYNER: That's the comment that was 21 submitted just recently and we're going to be taking a 22 look at that. I think it applies to -- I think the 23 clear cutting that they've been doing and it's mostly 24 based on National Safety Code. I have started to take a 25 very good hard look at that and a lot of discussion in 4 1 those rules. 2 COMMISSIONER FIORDALISO: Okay. So we don't 3 know if they're more or less strict at this point. 4 MS. WYNER: At this stage I think we need to 5 take another harder look at them. 6 COMMISSIONER FIORDALISO: Okay. And, 7 secondly, do we have any program where if trees are cut 8 down in these right-of-ways and also for vegetation 9 management, for reliability purposes and transmission 10 purposes and so on, do we have any program whereby the 11 trees have to be replaced somewhere else to make up for 12 those that were cut down, any reforestation program of 13 any sort? 14 MS. WYNER: Well, I know there's a 15 requirement that the utility put back some vegetation, 16 but it's not trees under the transmission line. It's 17 not woody stuff, it's softer stuff. But you can put 18 some -- not tall trees in the broader areas of the 19 right-of-ways. And as far as going out of that area and 20 planting the trees somewhere else because trees in the 21 transmission lines that were cut down, I don't think 22 there's anything specifically that's geared to that 23 although I do know clean energy has a program for 24 planting trees. 25 COMMISSIONER FIORDALISO: Right. But 5 1 there's no regulation of any sort within our rules to 2 indicate that if we cut down -- or ten trees are cut 3 down under the transmission lines that ten trees or 4 twenty trees have to be planted near or close to that 5 area. 6 MS. WYNER: Not as far as I know, no. 7 COMMISSIONER FIORDALISO: It might be 8 something that we want to look at. 9 Yes? 10 MS. DICE-GOLDBERG: As one of the people at 11 the board that helped write the rules -- 12 COMMISSIONER BUTLER: You need to come to a 13 microphone so that those on the phone can hear you. 14 PRESIDENT FOX: Thank you. 15 COMMISSIONER BUTLER: President Fox, as you 16 know, there have been one or two occasions when I have 17 been on the phone and so I know that feeling rather 18 well. 19 MS. DICE-GOLDBERG: I forgot that. 20 I'm Suzanne Dice-Goldberg with the legal 21 counsel at BPU and I helped write the rules with Nusha 22 and her staff, and I wanted to address that point. 23 There's nothing in our rules that say you 24 have to revegetate; except that if there's bare soil 25 under a line after the utility leaves, they are required 6 1 to reseed and make sure the soil erosion issues are 2 taken care of. 3 However, DEP also does govern utility line 4 vegetation management in fresh water wetlands. So if 5 you are in a wetlands area, then you would be subject to 6 any requirements they would have about replacement of 7 vegetation. 8 COMMISSIONER FIORDALISO: Okay. So we have 9 none is the bottom line. 10 MS. DICE-GOLDBERG: The bottom line is we 11 have none. 12 COMMISSIONER FIORDALISO: Okay. I would 13 suggest that is something we might want to look at, 14 particularly with the great concern with the 15 environment, with global warming, what trees do to 16 hopefully improve our environment. And I think it's 17 something that might be beneficial to the entire state 18 if we looked at something like that and came up with 19 something like that. 20 MS. WYNER: Obviously, if we look at 21 something, I just want to emphasize that the purpose of 22 what we're doing here is to make sure that the 23 transmission lines are accessible, that they don't 24 create problems that would interfere with reliability 25 and that has been a paramount effort. Of course, we are 7 1 also very much concerned with the environment and there 2 are things -- 3 COMMISSIONER FIORDALISO: And I understand 4 that and that's admirable because our primary concern is 5 safe, reliable power for all of our citizens, but we can 6 maybe look at coupling this with environmental 7 improvement too. 8 PRESIDENT FOX: On that point, Joe, could I? 9 COMMISSIONER BUTLER: Yes, Jeanne. 10 PRESIDENT FOX: It makes sense to look at it 11 and it might almost be not quite a case-by-case, but 12 might be a case-by-case basis. The concern is in some 13 cases homeowners -- property owners have very likely 14 gotten in touch with utilities in the past about 15 planting trees to be planted by the property owner in 16 most cases. In many cases my guess is the property 17 owners just plant trees there for their own benefit for 18 beautification of the property behind them or the 19 easement on their property and the issue is cost to 20 ratepayers paying for that. 21 So it makes a lot of sense to look at that 22 because it might very well be fact specific and we could 23 divide it into different areas, then there's some for 24 ratepayers paying for it when it's really just a 25 beautification issue primarily and not like Suzanne said 8 1 an environmental issue. So I think it's something that 2 staff should look at, but they need to look at the whole 3 ball of wax about environmental wetlands, DEP type of 4 stuff versus just beautification of property. 5 COMMISSIONER FIORDALISO: Well, it's not 6 only beautification of property, it's replacing trees 7 that have been destroyed. 8 PRESIDENT FOX: That the homeowners decided 9 to plant there. 10 COMMISSIONER FIORDALISO: In some cases that 11 may be true; in other cases, may not be. 12 PRESIDENT FOX: Right. There are different 13 categories and staff should look at the different 14 categories. 15 COMMISSIONER BATOR: I have a comment, Fred. 16 COMMISSIONER BUTLER: Yes, 17 Commissioner Bator. 18 COMMISSIONER BATOR: I agree that we should 19 take a second look at these regulations and I'm glad 20 that we're doing it. Obviously, the purpose of the rule 21 that people forgot what happened -- wasn't it the 2003 22 blackout that was caused by -- 23 COMMISSIONER BUTLER: Yes, it was. 24 COMMISSIONER BATOR: So I mean that was a 25 very devastating situation for anybody who lived through 9 1 that blackout, and I think that most of the people who 2 have at least commented to me about the vegetation 3 management rules recognize that reliability is an 4 important factor. 5 But sometimes when you have a program where 6 you do have to remove vegetation, it's done without any 7 thought to try to keep one or two branches on because 8 they would look better. It's just easier to chop the 9 branches away, and I think that's part of the issue. 10 Yes, it is aesthetic; but it is also trying to do it in 11 a way that maintains some of the beautiful trees that we 12 have in the State of New Jersey and I believe Joyce 13 Killmer was a New Jersey resident -- 14 COMMISSIONER BUTLER: New Brunswick, yes. 15 COMMISSIONER BATOR: -- the column about 16 trees so I'm glad that we're looking at this, but I want 17 everybody to recognize that reliability is an important 18 factor and cost, as Jeanne mentioned. So we'll take a 19 second look at it and hopefully everybody will be happy. 20 COMMISSIONER BUTLER: There's a third 21 component and that's that trees are natural CO2 syncs. 22 They are ways to deal with carbon emissions; whereas, I 23 would not be in favor of a program that would replace 24 trees or different vegetation on private property to 25 take away from trees that may be dangerous and in the 10 1 way of the power lines. There might be a way to have a 2 program where you're planting trees somewhere else. 3 COMMISSIONER FIORDALISO: Which I indicated 4 before. I'm not necessarily saying you could cut down a 5 tree and plant another one under the power lines. I'm 6 not saying that. I'm saying -- 7 COMMISSIONER BUTLER: Like a midget tree or 8 dwarf. 9 COMMISSIONER FIORDALISO: Put a midget or 10 dwarf. I'm sorry. I'm vertically challenged. 11 I am saying plant possibly somewhere else. 12 And the environment is going to be improved because you 13 are hopefully reducing the carbon footprint by doing 14 that. That's what I'm saying and I'm not saying don't 15 look at the whole spectrum. I'm saying look at the 16 whole spectrum and let's see if there is something that 17 we can come up with that's going to be beneficial in a 18 win-win situation. And let's not just dismiss because 19 it's easier to dismiss it. 20 MS. WYNER: And I should add that some 21 concerns have been expressed to us by the Department of 22 Agriculture that sometimes orchards underneath or in 23 very close proximity to the transmission lines, and we 24 will be meeting with them on a case-by-case basis if we 25 can come to a resolution that would work for everybody. 11 1 PRESIDENT FOX: Fred, if I could add, when 2 Commissioner Carol Murphy was onboard a couple years we 3 had the blackout because we had the big one caused by a 4 tree in Ohio. We also had one that was not caused by a 5 tree. I was very involved with that on a national 6 level, international joint task force on this, and 7 that's when the board decided to take action. 8 Our staff worked very hard. And I really 9 think our rules on vegetation management are probably 10 the best and most comprehensive in the country based on 11 we were using national standards, we looked at other 12 states, we looked at what's going on in Washington, we 13 talked to DEP, we talked to the national arbor experts. 14 And, in fact, if you look at the rules we 15 require every utility to have elective utility arborist 16 who is certified as a utility specialist by the 17 international society of arbor culture. They also have 18 to be certified as an expert by DEP, their board of tree 19 experts. And they also have to be certified as a 20 certified arborist of the international study of arbor 21 culture which means that every utility was required to 22 hire somebody for those trees and how they relate to 23 utility distribution lines and transmission lines. And 24 we bent over backwards because we knew, as the Garden 25 State has to do, we have a lot of trees in places that 12 1 maybe there's a problem. 2 And so the commissioners and the staff at 3 that time when we first drafted these rules were very, 4 very sensitive, myself having a strong environmental 5 career background, to that need and that desire. 6 Being said, obviously, we need to take a 7 look at this and if there are, in fact, requirements in 8 our vegetation management that are stricter than the 9 schedule that might be okay. There's nothing wrong with 10 the State for good reason going farther than the federal 11 government than practices, quitely frequently, in many 12 arenas are more stringent than the federal requirements, 13 but the commissioners need to know what that difference 14 is and why that difference is necessary to New Jersey 15 and that's what we need to check out. 16 COMMISSIONER BATOR: That was a great 17 history lesson, Jeanne. I didn't know all that about 18 the arborist and I think it's important for the public 19 to know that. Thank you. 20 COMMISSIONER BUTLER: Yeah. It is important 21 for them to know that and part of the problem here that 22 I think everyone also needs to know is over the years 23 things have been allowed to grow in those rights-of-way 24 that should never have been there, whether it was 25 naturally growing, which sometimes happens or whether it 13 1 was planted by the homeowners who have the easements. 2 And that's part of the problem there that there is some 3 radical change. 4 You know, we don't want a program that it's 5 akin to No Tree Left Behind. But at the same time there 6 are going to be trees that are going to have to be 7 removed and vegetation is going to have to be removed 8 for safety purposes and that is what is difficult. 9 And so I agree with you, Jeanne, that if we 10 can be more strict in the federal government, but we 11 better have a justification for that because all of this 12 is pretty disruptive and problematic because it's fairly 13 dramatic change for some folks. 14 PRESIDENT FOX: For instance -- for instance 15 on the electric reliability side in the sense of 16 standards for appliances, we very strongly believe we 17 should have strong appliance standards, but the minimum 18 standards set by Washington, by DOE, and EPA, but we 19 have a good reason for that. So if we're going farther 20 than what the federal standard is, then we need a good 21 reason. 22 COMMISSIONER BUTLER: Right. Okay. That 23 was a good discussion. We're going to defer or continue 24 this item to the next agenda. 25 PRESIDENT FOX: Fred, one more thing on 14 1 that. 2 COMMISSIONER BUTLER: Yes. 3 PRESIDENT FOX: Again, we were very careful 4 on public notice, municipalities get notice at least by 5 the rules at least two months before any trimming or 6 clear cutting take place in the municipality. So as 7 property notices to owners, as well as customers, get 8 notice by various methods before anything takes place. 9 We were careful about that as well. And, in fact, the 10 amendments to it actually even improve upon that. 11 So that's something else people should be 12 aware of. We're very sensitive to that, to municipal 13 rules and the facts not just for transmission lines, but 14 for distribution lines. We authorize the municipality, 15 in fact, take a lesser standard for the utilities to 16 tree trim, but it's a municipality's responsibility. 17 It's not going to effect anybody else. We're not doing 18 it for transmission lines, but we've done that for 19 distribution lines, being sensitive to communities where 20 they're older communities that tree and distribution 21 lines running up and down the street; if the 22 municipality wants to take the responsibility for that, 23 we let them do that. 24 COMMISSIONER BUTLER: Yes, Sam. 25 MR. WOLFE: Commissioners, the electric 15 1 service rules will expire on February 17th, which is a 2 Sunday, unless they are readopted before that so the 3 adoption of these rules would need to be filed by 4 February 15th to keep these rules in effect so 5 alternatively it's possible to seek an extension of the 6 expiration date which would have to come from the 7 Governor. 8 So it would be either a matter of the board 9 reconvening to make a decision on the adoption of these 10 rules no later than February 15th or obtaining an 11 extension of the rules. 12 COMMISSIONER BUTLER: We only have a meeting 13 scheduled to receive the results of the auction. 14 SECRETARY IZZO: Right. 15 COMMISSIONER BUTLER: And that's hopefully 16 going to be in a week. 17 MR. FORTKIEWICZ: Right. 18 COMMISSIONER BUTLER: I'm not sure we will 19 have this resolved in a week so what's the pleasure of 20 the board? 21 PRESIDENT FOX: I think we could do that. 22 Another fallback is that we could -- I think we talked 23 early on, but I'm not sure if I heard her -- that we 24 could break out the vegetation management section of the 25 rules, adopt the other part of the reliability rules, we 16 1 adopt them. And then I would suggest if the lawyers to 2 tell us if it works that the board can do an order or 3 send a letter to the utilities asking them to comply 4 with the rules except for certain areas where we have 5 some concerns until we could finalize them. Something 6 like that. 7 MR. WOLFE: Because if the subchapter on 8 vegetation management were broken out and not adopted, 9 then the board would be left without any rules on 10 vegetation management. 11 MS. WYNER: I have a question on it because 12 those rules were adopted a year and a half ago. 13 MS. DICE-GOLDBERG: Yes. But as part of the 14 larger chapter, they expire with the larger Chapter 5 15 all electric service rules. The subchapter doesn't 16 extend beyond its chapter. 17 COMMISSIONER BATOR: Aren't we concerned 18 with not having a rule in place for this? 19 COMMISSIONER BUTLER: Yes. And that was 20 addressed by Sam's comments. 21 Let's hear from Elise. 22 MS. GOLDBLAT: Well, I think if the board 23 wants to break out vegetation management and adopt the 24 remaining aspects, it should seek an extension on the 25 vegetation management piece so that there are 17 1 regulations in effect. 2 PRESIDENT FOX: Yes, I agree. 3 COMMISSIONER BUTLER: Okay. So then is 4 there a motion to adopt everything but the vegetation 5 management rules? 6 COMMISSIONER FIORDALISO: I'll move that. 7 COMMISSIONER BUTLER: Is there a second? 8 COMMISSIONER BATOR: I too moved it. 9 COMMISSIONER FIORDALISO: I will second it 10 then. I don't want to fight over it. 11 COMMISSIONER BUTLER: It's been moved and 12 seconded. Call the roll. 13 SECRETARY IZZO: On the motion to approve 14 the recommendation to adopt the rules without the 15 section pertaining to vegetation management, 16 Commissioner Butler? 17 COMMISSIONER BUTLER: Yes. 18 SECRETARY IZZO: Commissioner Fiordaliso? 19 COMMISSIONER FIORDALISO: Yes. 20 SECRETARY IZZO: Commissioner Bator? 21 COMMISSIONER BATOR: Yes. 22 SECRETARY IZZO: President Fox? 23 PRESIDENT FOX: Yes. 24 (Whereupon recommendation of as set forth 25 was approved.) 18 1 COMMISSIONER BUTLER: And then do we need a 2 motion to ask for an extension on the vegetation 3 management section? 4 MR. WOLFE: That can simply be a matter of 5 direction to staff. However, the board should be aware 6 that if there's a desire to make changes to the rules, 7 any substantial changes could not be made to the rules 8 upon adoption. So we would have to be looking at a 9 separate rule proposal anyway for vegetation management 10 -- a subsequent rule proposal for vegetation management 11 after the adoption -- after the readoption of the 12 subchapter. 13 COMMISSIONER BUTLER: I think that's 14 understood. I think it's the sense of the commissioners 15 to ask that staff seek an extension on vegetation 16 management. 17 COMMISSIONER FIORDALISO: And when will we 18 have an update on the vegetation management, any idea? 19 COMMISSIONER BUTLER: We should get a report 20 at the next board meeting. 21 MS. WYNER: We will start immediately next 22 week to take a look at the various issues that were 23 raised. As I said, we've already had meetings dealing 24 with issues raised by agriculture so we've already 25 started. 19 1 COMMISSIONER FIORDALISO: Thank you. 2 COMMISSIONER BUTLER: Thank you. 3 PRESIDENT FOX: Do we have another option if 4 we don't get that -- if there's not a quick turnaround 5 from the Governor's office, do we have another option 6 after that? 7 COMMISSIONER BUTLER: Well, I heard Sam say 8 earlier that we might ask the companies to -- I thought 9 I heard you say something. 10 PRESIDENT FOX: Continue to follow the 11 policies that we've established except for if it finds 12 certain areas which were the ones typically between the 13 NERC standards and our rules. 14 MR. WOLFE: So the choices would be, 15 Commissioners, to either have a special meeting on or 16 before February 15th to adopt the vegetation management 17 rules and then set direction for the proposal of any 18 changes that the board wanted to implement or allow the 19 rules to expire and basically send a request to the 20 electric utilities that they continue to comply with 21 those rules as if they were still in effect. 22 MS. WYNER: You could also ask for an 23 extension. Right? 24 COMMISSIONER BUTLER: We're saying that if 25 the extension were not granted in a timely manner. 20 1 Elise, any thoughts? 2 MS. GOLDBLAT: I think it would be best for 3 the board to have regulations in place. So if the 4 extension is not granted, I think that the board should 5 be prepared to consider an adoption with an indication 6 that it's -- there's going to be further study and 7 perhaps a further proposal. 8 COMMISSIONER BUTLER: Would we know by next 9 Friday whether we're going to get this extension and 10 then, if necessary, consider adopting the vegetation 11 management rules? 12 MS. WYNER: Let me just add -- 13 MR. WOLFE: This is an extremely short 14 turnaround to get an extension from the Governor. 15 Usually, we ask when needed at least a couple of months 16 in advance. 17 MS. WYNER: Under the rules, you can waive 18 specific provisions, and I think there is a specific 19 provision as part of that vegetation management dealing 20 with standards I think that probably could do 21 maintaining the regulations containing them but giving 22 some leeway in some of the areas that you have concerns. 23 MR. WOLFE: What I would suggest to the 24 board since -- regardless of what happens with an 25 extension of the vegetation management subchapter, the 21 1 kinds of substantial changes the board wants to consider 2 cannot be made in the adoption of those rules. The 3 board may wish to consider whether it does wish to adopt 4 that subchapter along with the rest of the chapter. 5 PRESIDENT FOX: Can you say that again? 6 MR. WOLFE: I'm sorry, President Fox. 7 Since -- the changes that the board may wish 8 to make to the vegetation management rules cannot be 9 made upon the adoption of those rules if they are 10 substantially different from what's been proposed. 11 The board may wish to consider whether it 12 wants to adopt the vegetation management subchapter, 13 along with the rest of the chapter and give the 14 direction to staff to develop the -- to develop the 15 information and recommend the changes that might be 16 necessary to do in the future rule proposal. 17 PRESIDENT FOX: In addition to that, we 18 might -- we would then I think also ask by secretary 19 letter maybe direct utilities not to take certain action 20 that are inconsistent with the NERC rules without BPU 21 sign-off. That way we can ensure presidents and elected 22 officials who have concerns about the difference that 23 that particular case, while we're moving ahead with 24 this, because of the rest of the rules that we're 25 directing the utilities not to move ahead with this. 22 1 MS. GOLDBLAT: President Fox, I think we 2 would need to look at that issue and I wouldn't want to 3 give an off-the-cuff response at this point. 4 COMMISSIONER BUTLER: I think it's clear 5 that we don't want to be without rules. That I think 6 everyone agrees. That just allows anything to happen. 7 Then the question becomes do we want to adopt these 8 rules rather than -- and as you pointed out correctly, 9 Sam -- that we can't make major changes to these rules 10 because they have already been published and circulated 11 and commented upon. 12 So I think the first question that has to be 13 answered is how different are these rules from the 14 federal requirements; and if, in fact, they are not, 15 then maybe there is a case to be made for adopting these 16 rules and then working to modify whatever might be some 17 problem areas immediately. 18 So I think if that -- can that question be 19 answered by the next time we convene which is probably 20 going to be next Friday? 21 MS. WYNER: We'll try. 22 COMMISSIONER BUTLER: Okay. Well -- 23 PRESIDENT FOX: I think we can work out a 24 legal situation by next Friday. We told people we're 25 not going to vote on this today and I don't think we 23 1 should on the vegetation management. It's up to the 2 lawyers whether -- I guess we're okay if we vote on -- 3 if we separate out the rest of the chapter from the 4 vegetation management next Friday. 5 COMMISSIONER BUTLER: We already did that. 6 We did that today. 7 PRESIDENT FOX: We voted for that already. 8 COMMISSIONER BUTLER: We have vegetation 9 management sitting out there non readopted and we're 10 going to ask for an extension. 11 PRESIDENT FOX: We have time between now and 12 next Friday for staff to check out how legally -- how -- 13 first of all, if there's a difference and what it is 14 and, secondly, legally, how we best go about that. Do 15 we readopt and then direct secretary's letter for 16 utilities not to take action may be controversial and 17 unclear areas. 18 COMMISSIONER BUTLER: Okay. Thank you. 19 (Item 2B - Energy Concluded.) 20 21 22 23 24 25 24 1 CERTIFICATE 2 3 I, Lorin Thompson, a Notary Public and 4 Shorthand Reporter of the State of New Jersey, do hereby 5 certify as follows: 6 I DO FURTHER CERTIFY that the foregoing is a 7 true and accurate transcript of the testimony as taken 8 stenographically by and before me at the time, place and 9 on the date hereinbefore set forth. 10 I DO FURTHER CERTIFY that I am neither a 11 relative nor employee nor attorney nor counsel of any of 12 the parties to this action, and that I am neither a 13 relative nor employee of such attorney or counsel, and 14 that I am not financially interested in the action. 15 16 17 18 19 ________________________________________ Notary Public of the State of New Jersey 20 My commission expires July 26, 2011 21 Dated: February 1, 2008 22 23 24 25