Raritan Valley Group > Archive > BPU Vegetation Management Plan
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New Jersey Chapter Raritan Valley Group > Archive > BPU Vegetation Management Plan |
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Diagram Schedule Current Status List server results Background News Articles NJ BPU Rules |
Federal Rules Timeline FERC & DOE Documents and Letters Petition Federal Reports |
Organizations BPU Meeting and conversation notes Terms: Links: |
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BPU Links: Vegetation Management Rules Website (www.bpu.state.nj.us/bpu/divisions/energy/veg.html)
* In a July 29 correspondence with the staff they said: "I understand that the comments will be summarized and published on the BPU website in a few weeks. [This never happened. ed.] If there are any revisions, the amendments are expected to be adopted by year's end." The new proposal includes many improvements, including:
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Federal NERC FAC-003 guidelines
NJ BPU Rules
Note: Some of the towers are taller (100'), which would allow more room for vegetation.
The Federal Guidelines (FAC-003-1) uses IEEE Standard 516-2003, The NJ BPU Rules use the National Electrical Safety Code (NESC) (ANSI C2 2002), which is published by IEEE. (Note: C2 was updated in 2007 so the rules should probably refer to C2-2007).
The IEEE code clearances are:
14.7 ft. for 500 kV (phase-to-phase) lines and 5.15 ft for 230 kV lines.
The lines near Hillcrest Rd. in Readington are nominal 500 kV (phase to phase) lines (The highest in the state) where the lines near Van Holten Rd. in Bridgewater are nominal 230 kV lines.
Note: Clearance for trees are listed under phase-to-ground while the line ratings are phase-to-phase.
We propose the following guidelines for allowable vegitiation:
| Distance from the edge of the wire zone. | Height at maturity |
|---|---|
| 1-20 ft | < 20 ft. |
| 21-40 ft | < 30 ft |
| 41-50 ft | < 40 ft |
| > 51 ft | < 45 ft |
This is consistent with Federal Guidelines in the North American Electric Reliability Corp. FAC-003-2
Technical White Paper - Oct 22, 2008 below.
Figure 1 from:
www.nerc.com/docs/standards/sar/FAC-003-2_Technical_White_Paper_2008Oct22.pdf
N.J.A.C. 14:5-9
Rulemaking Schedule *
| Date | Action |
|---|---|
| June 19 to July 21 | Comments submitted to BPU List Server † |
| July 21 to August 8 | Replies to Comments submitted to BPU List Server |
| August 21 | Public Stakeholder Meeting |
| September 10 | Staff Report to BPU Commissioners |
| December 3rd at 1pm: | Public Stakeholder Meeting Agenda |
| December 29th: | Finalize memo and rule proposal |
| January 16th: | Submit memo to Bd. Secretary for Feb. 4th agenda |
| April 3rd | Board agenda meeting | May 18th 2009 | Proposal published in NJ Register Copy at www.state.nj.us/bpu/pdf/rules/Veg Mgmt Amendments - Proposal - COURTESY COPY (5-8-09).pdf |
| July 21st 2009 | Public Hearing 10 AM 8th Floor Hearing Room Two Gateway Center, Newark, NJ www.bpu.state.nj.us/bpu/pdf/announcements/PH20090721.pdf |
| July 22nd 2009 | Comment Period closes. Email to rule.comments@bpu.state.nj.us in MS Word format. |
| December 17th 2009 | Adoption by BPU Commissioners |
| January 19th 2010 | NJ Register publication |
† The public comment period prior to the rule revision is over, but you can still submit informal comments to the mail list server. The BPU may also use this list server to notify stakeholders of schedule changes, etc. To subscribe/unsubscribe go to Tree-trimming Mail List Server (www.state.nj.us/bpu/divisions/energy/vegetation_management.html) Send comments to vegetationmanagement@listserv.state.nj.us
Comment: Last week they were cutting 18-30 ft. trees 70 ft. from the center of the line in Bridgewater. They were 40 feet from the nearest conductor (electricty will only arc 10.5 ft. according the IEEE Standard 516-2003 which is the guideline used by NERC standard FAC-003) and they would clear the conductor by 30 ft. if they fell. This much closer to the NJ rules (15 ft. trees up to 75 ft.) than it is to the Federal Rules which would allow a 30 ft. tree 50 ft. from the center.
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- Rartian Twp - Readington - Tewksbury - Upper Saddle River - Bridgewater |
- Cedar Grove - Linden - Mt. Olvie - Colts Neck - Sayerville |
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We also request that you determine an appropriate VM program for your company that reflects the regulations of NERC (North American Electric Reliability Corp.) and the IEEE which allow consideration of local conditions. If you believe that any part of the recently adopted Board regulations unnecessarily require measures for Transmission maintenance beyond those required by the NERC or the IEEE, please provide you comments on this issue by no later than Monday, March 2, 2008, at which time we will schedule a meeting to review your findings.
If and EDC determines that the safety or reliability of any part of the electrical transmission or distribution systems would be compromised by this directive, then the EDC shall notify the Boards's Executive Director, or his designee, and proceed with appropriate VM activities to eliminate the concern.
Letter to PSE&G and RECO.
The BPU said they would ask to utilities to reduce some of their cutting until the new rules come out.
PSE&G Officials agreed not to conduct vegetation management in Bridgewater until the three month rule review could be completed.
See meeting notes.
As a result of the Northeast blackout of August of 2003, the Federal Energy Policy Act (EPAct) was passed in June of 2005, and the NJ Board of Public Utilities (BPU) revised their Vegetation Management rules in 2006.
The Federal rules required "vegetation clearance
to prevent flashover between vegetation and supply
conductors."
See more from the Federal Energy Regulatory Commission (FERC) on this below.
The NJ BPU rules require clear cutting any trees which have the potential to grow over 15 ft. out to the edge of their right-of-way, which in many cases is 75 ft. from the center of the power line for 240 kV lines and 90 ft. for 500 kV lines. This is a much larger area than they have trimmed in the past and frequently goes into peoples back yards.
They have also extended rules to 69 kV lines.
The NJ rules not only exceed those of the Department of Energy, but those of most other states.
Since the summer of 2007, the Sierra Club has received requests for assistance from citizens in three of the four electric companies in New Jersey, Public Service Electric and Gas (PSE&G), Jersey Central Power and Light (JCP&L) a FirstEnergy Corp co., and Orange & Rockland Utilities (RECO) a conEdison Co.. We haven't heard from Atlantic City Electric (ACE) customers.
The two figures below show the difference in these requirements.
In the spring of 2007 electrical companies started clear cutting a 150 ft. swath (75' on each side) under high-tension power lines, where allowed in right-of-ways. This is a much wider area than they have cleared in the past and they are now clear cutting trees rather than trimming trees which have the potential to grow beyond 15 ft. in height. Some of these trees are on homeowners property, but the utilities have an easement that allows them to do this.
The NJ Board of Public Utilities agreed to modify their rules and says the new rule proposal is much more citizen and environmental friendly, however the 15 ft rule has not been changed.
Consequences:
The draft resolution from the Somerset Co. Board of Freeholders states:
"Clear cutting can have significant environmental and community character impacts, particularly for established neighborhoods, scenic corridors and high integrity forest subwatersheds, as well effect on the quality of life of neighborhoods and the ecological integrity of natural systems that are located near the Electric Distribution Companies (EDC) Rights of Way."
The New Jersey State League of Municipalities (NJLOM) Resolution says:
"Clear cutting has impaired the property values and quality of life of residents whose properties adjoin or are located near the EDC Rights of Way."
See timeline below.
Note: In wetlands trees outside the wire zone are only trimmed.
"Readington concerned about clear-cutting by utility company
Utility company says it must abide by stricter regulations"
Hunderdon Review, June 26, 2007
"As utility crews wield their saws, tree-loving residents make a stand" Star-Ledger Sept. 23, 2007
"Trees lose in power play", The Record (Hackensack), Jan., 4, 2008
"BPU will rethink tree-felling rules near power lines", The Record (Hackensack), May, 16, 2008
"Neighbors angry after PSE&G fells dozens of trees", The Record (online edition), June, 3, 2008
Note: Some of the towers are taller (100'), which would allow more room for vegetation.
Mr. Saharic (Bridgewater consultant) used the National Fire Protection Association (NFPA) Code 70E
for distance required for shock protection, The Federal Guidelines (FAC-003-1) uses IEEE Standard 516-2003, The NJ BPU Rules use the National Electrical Safety Code (NESC) (ANSI C2 2002), which is published by IEEE. (Note: C2 was updated in 2007 so the rules should probably refer to C2-2007).
The IEEE code clearances are:
14.7 ft. for 500 kV lines and 5.15 ft for 230 kV lines.
The lines near Hillcrest Rd. in Readington are nominal 500 kV (phase to phase) lines (The highest in the state) where the lines near Van Holten Rd. in Bridgewater are nominal 230 kV lines.
I've been to several meetings with the BPU and citizens and their reason for these strict regulations have been evolving.
The last version I heard was:
The utilities need room to maneuver large cranes for repairs case a tower falls over because of wind and ice or terrorists.
1. If terrorists attack a line it would not be in a residential area where they could easily be observed. Rules could be more strict in remote areas to cover this.
2. The towers are engineered to National Electrical Safety Code (NESC) (ANSI C2 2002) Rule 250 to withstand the most severe kinds of weather (ice, hurricanes, ...) in this region. We could find no record of a tower collapse because of weather. The BPU points to a transmission line in Oklahoma that came down in an ice storm, but it was on wooden poles not steel towers. If thetowers were in danger of falling oveer, they should be strengthened because a 100 ft. tower would land dangerously close to homes.
Current rules are listed at: www.state.nj.us/bpu/pdf/rules/20080227ener.pdf
The New Jersey Administrative Code is published in the New Jersey Register available in most libraries, on-line at, index at www.state.nj.us/bpu/agenda/rules
The text is available at the NJ Office of Administrative Law at:
www.lexisnexis.com/njoal/ (Vegetation Management)
Proposed revisions (pdf), Sept. 4, 2007
Section 9 - Vegetation Management
NJ Rules refer to federal documents in:
14:5-9.6(b) An [electric public utility] EDC shall meet the requirements of the National Electric Safety Code (NESC) (C2 2002) offers guidance to safeguard people when electrical lines are designed, installed and maintained.
14:5-9.6 (f) 2 The slope of the topography exceeds 30 degrees and the transmission right of way is such that a tree or other
vegetation at mature height will be more than 150 percent of the clearance requirements for an electrical path to
ground set forth in the National Electric Safety Code, §232 to §235; or
3. Trees are located within an inactive transmission corridor and at mature height will be more than 150 percent
of the clearance requirements for an electrical path to ground set forth in the National Electric Safety Code, §232
to §235.
Comments:
I still have problems with some sections. e.g.
9.6 (e) 2. Limits vegetation height to 15', but from the diagram above you can see a tree 50' from the center could be up to 30' tall without violating the minimum clearance.
9.6 (f) Says and EDC shall be permitted to leave trees. It should say they should be required to leave trees.
Other standards:
Institute of Electrical and Electronics Engineers (IEEE) Standard 516-2003 (Guide for Maintenance Methods on Energized Power Lines) and as specified in its Section 4.2.2.3, Minimum Air Insulation Distances without Tools in the Air Gap is referenced in FAC-003 above.
National Electrical Safety Code (NESC) (ANSI C2 2002), which is published by IEEE is referenced in the New Jersey Rules.
Aug. 2003 - Northeast power blackout - Sagging power lines that brushed against a tree
limb in northern Ohio caused a chain reaction that affected nearly 50 million people.
June 2005 - Federal Energy Policy Act (EPAct) of 2005, requires Federal agencies to
expedite rules for electrical utilities to comply with reliability standards.
Dec 2006 - The NJ BPU revised its regulations to better keep electric lines or towers
from making dangerous contact with trees.
Spring 2007 - PSE&G and other utilities start cutting trees in an expanded area
(150' instead of 100' where easements allowed) on their right-of-ways
under high tension electrical lines.
This was in response to a NJ Board of Public Utilities (BPU) mandate.
May 22 - Bridgewater Mayor arranges a meeting with George Sous from PSE&G to
survey a homeowners property which had been cut.
June 14 - The Readington Planning Board, in a letter to the BPU, tersely observed
that woodlands removal has affected water quality and stormwater runoff.
In fact, the letter noted, the township received a state grant
"to protect the very trees you are allowing to be destroyed."
July 30 - Raritan Valley Group of the Sierra Club agrees to endorse the efforts
of Bridgewater township in changing the rules.
Aug 9 - Bridgewater mayor instigates a meeting with BPU, PSE&G,
Residents who are affected, an Electrical consultant, myself and others.
Electrical consultant, Alexander Saharic, presents a report on national
electrical safety codes relative to the transmission facilities.
Sept 4 - Proposed revisions published by by the BPU for a 60 day comment period.
PSE&G agrees to temporarily stop tree maintenance until Nov. 1
Sept 5 - I sent the diagram below to:
"Jim Naples" <twpadmin@bridgewaternj.gov>,
ken.warren@bpu.state.nj, david.ballengee@bpu.state.nj
Sept 6 - Bridgewater mayor Flannery sends letter to J. Fox, President of the BPU
requesting a review of Saharic's (Bridgewater consultant) report and suggested rule changes.
Mr. Saharic used the National Fire Protection Association (NFPA) Code 70E
for distance required for shock protection.
Sept 7 - Bridgewater mayor Flannery sends a letter to W. Dressel, Chair of the
League of Municipalities (NJLOM) with the suggested rule changes for
review by the League convention in November.
Sept 7 - C. Harrison, Chairman of ad hoc Bridgewatter committee, letter to BPU
requesting a review of Saharic's report.
Oct 11 - Bridgewater mayor Flannery asks PSE&G to postpone any more tree maintenance
Oct. 29 - PSE&G agrees to postpone tree maintenance until Feb. 1, 2008
Oct or Nov - Bridgewater Township contacted the BPU in order to be heard publicly and
were told that they do not conduct public hearings prior to their deliberations.
Nov 6 - 60 day comment period ends
Nov 16 - Bridgewater works with the New Jersey State League of Municipalities to adopt
a Resolution "rejecting the concept of clear cutting in EDC transmission line
Rights of Way in favor of vegetation management which permits trees and
other vegetation to grow in the "Border Zone" of said Rights of Way."
Jan 16, 2008 Orange and Rockland Utilities and BPU presentation at Upper Saddle River
Shade Tree Commission meeting.
Jan 23 Bridgewater Mayor letter to PSE&emp;G requesting delay in cutting until
the BPU has adopted the regulations.
Jan 24 Representative Garrett writes a letter to BPU
Jan 29 Sierra Club Raritan Valley Group letter to Senator Bateman, assembly Biondi
and BPU Commissioners, documents difference in Federal guidelines
and NJ BPU rules.
Jan 30 AM Sierra Club Raritan Valley meets with Senator Bateman, he says
he has been trying to reach BPU President Fox with no luck.
Jan 30 Upper Saddle River group delivers 900 signatures on their petition
to BPU President Fox and the Governor.
Jan 30 PM Senator Bateman called to say he got thru to BPU president Fox
and she agreed to postpone decision.
See meeting notes.
The BPU said they would ask to utilities to reduce some of their cutting until the new rules come out.
PSE&G Officials agreed not to conduct vegetation management in Bridgewater until the three month rule review could be completed.
|
- Rartian Twp - Readington - Tewksbury - Upper Saddle River - Bridgewater |
- Cedar Grove - Linden - Mt. Olvie - Colts Neck - Sayerville |
...
We also request that you determine an appropriate VM program for your company that reflects the regulations of NERC and the IEEE which allow consideration of local conditions. If you believe that any part of the recently adopted Board regulations unnecessarily require measures for Transmission maintenance beyond those required by the NERC (North American Electric Reliability Corp.) or the IEEE, please provide you comments on this issue by no later than Monday, March 2, 2008, at which time we will schedule a meeting to review your findings.
If and EDC determines that the safety or reliability of any part of the electrical transmission or distribution systems would be compromised by this directive, then the EDC shall notify the Boards's Executive Director, or his designee, and proceed with appropriate VM activities to eliminate the concern.
Letter to PSE&G and RECO.
Attendees:
Ken Warren, Supervising Engineer, NJBPU
Victor Fortkiewicz, Executive Director, NJBPU
John McMahon, President/CEO, O&R
Mark Beamish, Manager-Vegetation Management, O&R
Michelle Damiani (sp?), PR Representative, Rockland Electric/Saddle River
Office
Michael Muldowney, Constituent Services Rep, Congressman Scott Garrett's
Office
Roger Fyfe, Mayor, Montvale, NJ
Richard Martel, Mayor, Mahwah, NJ
Marty Rothfelder, Attorney representing Acajoux Enterprises LLC, USR
Jane Longo
In the Federal Energy Regulatory Commission (FERC) "Vegetation Management Report", Sept, 2004, (www.ferc.gov/industries/electric/indus-act/reliability/veg-mgmt-rpt-final.pdf), they say:
"there is a wide range of vegetation management
practices and procedures among the reporting transmission owners. There is very little
uniformity in regard to right-of-way width, vertical line clearance, inspection
frequency, and vegetation management guidelines used."
...
"The transmission owners reported that vegetation management approvals on federally managed rights-of-way are particularly problematic in the Western United States. The Council on Environmental Quality (CEQ) coordinates federal environmental efforts and helps resolve inter-agency differences over environmental issues."
"Variances in vegetation management practices may be resolved in the NERC (North American Electric Reliability Corp.) vegetation management standard development process; if they are not, the Commission may seek to convene the industry, states and other stakeholders to address the remaining issues."
Expert commentary included in the CNUC Final Vegetation Report stated, "most tree/power line contacts occur when trees fall onto lines from outside the rights-of-ways or corridors."
Federal Regulations:
See Fact Sheet - ENERGY POLICY ACT OF 2005: Significant Policy Changes
Standard FAC-003-1 - Transmission Vegetation Management Program
A. Introduction
R1. The Transmission Owner (TO) shall prepare, and keep current, a formal Transmission Vegetation Management Program (TVMP). The TVMP shall include the TO's objectives, practices, approved procedures, and work specifications1.
R1.2.2.1 Where transmission system transient overvoltage factors are not known, clearances shall be derived from Table 5, IEEE 516-2003, phase-to-ground distances, with appropriate altitude correction factors applied.
R1.2.2.2 Where transmission system transient overvoltage factors are known, clearances shall be derived from Table 7, IEEE 516-2003, phase-to-phase voltages, with appropriate altitude correction factors applied.
Related Issues
National Interest Electric Transmission Corridor (NIETC)
The Sierra Club joined 10 other groups to file suit against the Department of Energy over its final designation of a mid-Atlantic National Interest Electric Transmission Corridor (NIETC).
"The Department of Energy has ignored the public interest in favor of the private interests of power companies," said Randy Sargent Neppl, wildlife counsel at the National Wildlife Federation.
"Open space conservation in Pennsylvania and New Jersey is an extraordinary public policy success story. Time and again, citizens have gone to the polls to support continued funding to preserve the environment and enhance their quality of life. Through NIETC, there is real risk that utilities will seek to build new power lines across important natural and recreational lands."
"Supporters of so-called 'national interest corridors' should have to demonstrate that new transmission lines are the only reasonable solution to meeting energy needs before federally-sanctioned seizure of property is considered."
See "Groups Challenge Department of Energy over Mid-Atlantic Corridor Designation" at PA DEP.
Help ensure that our power line building is in line with state energy policy! from the AMC
Susquehanna-Roseland line:
A new 500 KV Susquehanna-Roseland line will connect switching facilities in Roseland NJ and Berwick, PA., going through Morris, Sussex, Warren and Essex counties. According to PSE&G it is needed to help satisfy the state's growing appetite for electricity.
See June 18, Star Ledger Article.
PSE&G Letter to Bridgewater delaying Right-of-Way (ROW) Maintenance until Feb. 1, 2008
Other Federal Standards:
FAC-003 states "These Transmission Owner-specific minimum clearance distances
shall be no less than those set forth in the Institute of
Electrical and Electronics Engineers (IEEE) Standard 516-2003
(Guide for Maintenance Methods on Energized Power Lines) and as
specified in its Section 4.2.2.3, Minimum Air Insulation Distances
without Tools in the Air Gap.".
Clearance with the default Transient Overvoltage Factors is 5 ft for 240 kV and 14.7 ft for 500 kV.
The National Electric Safety Code (NESC) (C2-2002) offers guidance to safeguard people when electrical supply and communication lines are designed,
iinstalled, operated and maintained. See standards.ieee.org/nesc/
Table 232-4 lists clearances for 242 kV as 7.1 ft and 550 kV lines from 7 - 16 ft depending on the transient overvoltage (surge) factor. (PSE&G said I would have to write a letter to request the transient overvoltage rating of the lines.).
Section 235 referred to in the BPU Rules only affects the clearance between wires on multi-conductor structures.
Safety standards found in OSHA/PEOSHA 29 CFR Parts 1910 and 1926, National Fire Protection Association (NFPA 70 E), American National Standards Institute (ANSI 2133.1-2006) and Tree Care Industry Association (TCIA) EHAP, establish distance requirements for safety and reliability.
U.S.-Canada Power System Outage Task Force, Final Report on the August 14th Blackout in the United States and Canada: Causes and Recommendations (April 2004) (Final Blackout Report).
Order Requiring Reporting on Vegetation Management Practices Related to Designated Transmission Facilities, 107 FERC P 61,053 (2004) (Vegetation Management Order).
at ftp://www.nerc.com/pub/sys/all_updl/standards/sar/FAC-003_Trans_Veg_Mgmt_Program_06_16_05.pdf
121 FERC P 61,296 - "Facilities Design, Connections and Maintenance Reliability Standards", Dec. 27, 2007 (www.ferc.gov/whats-new/comm-meet/2007/122007/E-3.pdf)
NERC (North American Electric Reliability Corp.), August 14, 2003 Blackout: NERC Actions to Prevent and Mitigate the Impacts of Future Cascading Blackouts at 9 n.3 (Feb. 10, 2004).
CN Utility Consulting, Utility Vegetation Management Final Report, (March 2004) (CNUC Final Vegetation Report).
Other Rules and Guidelines:
Department of Energy > Current Directives > Click on OE - Office of Electricity Delivery and Energy Reliability
New Jersey Board of Public Utilities (www.nj.gov/bpu/)
Division of Energy www.nj.gov/bpu/divisions/energy/
Two Gateway Center (8th Floor)
Newark, NJ 07102
Phone: (973) 648-2026
BPU agenda schedule
Hearings Schedule
Toll Free Number for Utility Complaints: 1-800-624-0241 (8:30 a.m. to 5:00 p.m.)
| Commissioners | ||
|---|---|---|
| Jeanne M. Fox President | 973-648-2013 | jeanne.fox@bpu.state.nj.us |
| Frederick F. Butler | 973-648-2027 | frederick.butler@bpu.state.nj.us |
| Joseph L. Fiordaliso | 973-648-3021 | joseph.fiordaliso@bpu.state.nj.us |
| Connie O. Hughes | connie.hughes@bpu.state.nj.us | |
| Christine V. Bator | christine.bator@bpu.state.nj.us | |
See: List at Natl. Assn. of Utility Commissioners
NJ BPU Annual Report
Executive Director: Victor Fortkiewicz
Director, Division of Energy: Nusha Wyner 973-648-3621 nusha.wyner@bpu.state.nj.us
Metropolitan Division 973-365-2802
150 Circle AvenueMail
Clifton, NJ 07011
North American Electric Reliability Corporation (NERC)
National Association of Regulatory Utility Commissions (NARUC)
CN Utility Consulting, Inc. (CNUC), Valley Ford, CA. CNUC was formed in 1999 to serve the electric utility vegetation management industry.
Feb. 1, 2008 Board Meeting:
President Fox started off saying:
"They recently received new information and had received numerous comments from government officials and rate payers, so were going to postpone any decision, but have a discussion of the issue."
Commissioner Fiordaliso started off asking asking the director of the electrical rules staff, Nusa Wyner, if the New Jersey rules were more strict than the federal rules. She said she would have to investigate.
They asked about replanting trees, talked about trees as carbon sinks and other environmental issues. They even evoked Joyce Kilmer's name (NJ poet who's most famous poem was titled "Trees").
Because chapter 5 of the rules (Electrical service) would expire on Feb. 17, they voted to accept it without the vegetation management, and to request an extension to the vegetation management (subchapter 8/9) from the Governor.
There was some discussion on what would happen if the electrical service rules expire and one staff member suggested the existing rules would remain in effect. This is a problem because the 2006 revision called for cutting trees which could grow over 15 ft. tall. They will try to decide on the legal ramifications by next Friday.
Feb. 6 update from Senator Gordon's office:
Matt Marinello of Senator Gordon's office early
this evening. He told me that he spoke to a Ricky Johns of the BPU. Mr.
Johns told him that the mandate may be approved on Friday without the
vegetation management part. He said that the veg-man portion may be
postponed until Feb 15--or possibly later (it's possible for the BPU to go
back to the governor to ask for more time on this--that's what Matt said).
Mr. Johns told him that the BPU has received a lot of flak about the
veg-man (I wonder why?). I have no way of confirming if what Mr. Johns or
Matt tell me is accurate info. I'm not sure who Ricky Johns is or what
position he has at the BPU. I think I've heard the name mentioned. Anyway,
cross your fingers, because the BPU just might be giving the veg-man
another look.
Senator Gordon's office is a little behind on the details of the veg-man.
The BPU gave him the 'party-line' about needing to cut the trees to provide
access during emergencies and to prevent outages. I told Matt that Rockland
has done sufficient clearance via conservative trimming over the years;
also that the BPU wants to cut all trees in the easements regardless of
whether they could impact the wires (the no-exceptions enforcement). I also
told him about the 69 vs 200kv controversy. I will be sending Matt a copy
of Cong. Garrett's letter to Jeanne Fox.
Matt tells me that if anyone would like to get a letter to the BPU, he and
the Senator would be willing to forward it directly to their liaison. All
the writer would have to do is send the letter over to Senator Gordon's
office in Fair Lawn.
"What we're voting on is adopting these regulations as final, with an addendum that for transmission lines if there are exemption requests in, that there -- we would ask the utilities not to cut those trees, unless they can demonstrate to us before they cut them that there's an emergency situation".(see below for confusion on exemptions.)
They will go thru a revision process over the next three months, which will take into account the Federal guidelines.
They were not specific on how the comment and review process will proceed.
There is some confusion on exemptions:
PRESIDENT FOX: "They (Homeowners and municipalities) know they can file for, I guess, a waiver here. Is that what we call it?
MS. WYNER: I think there's an exemption process.
PRESIDENT FOX: There's an exemption
process. So that if exemptions are filed here at the
board, we'll be asking the utilities that unless it's an
emergency situation.
I left a note for President Fox asking for clarification of this issue, but have not received a response.
The Rules 14:5-9.6 state:
"An [electric public utility] EDC may request an exemption from (b) and (c) [EDC shall meet the requirements of the National Electrical Safety Code (C2 2002) for minimum clearances] based upon exigent circumstances.
In a conversation after the meeting the BPU official said exemptions can only be requested for exigent (requiring immediate action or aid; urgent; pressing) circumstances, such as wetlands or historical (300 year old tree) cutting.
It is unclear to me what the Utilities can do during the next 3 months. The BPU may be sending a letter to utilities to explain this. We will try to get a copy.
They said they would hold the present rules in abeyance until that process is completed.
Commissioners Fiordaliso and Butler tried to get the BPU staff to be more specific as to what "hold the rules in abeyance" meant, but trying to get the BPU staff to be specific is like pushing jello up a hill. They asked if that meant the utilities would not be clear-cutting and the response was something like:
"The utilities will be told to use integrated vegetation management (IVM) practices, which requires restraint by cutting only where the safety of the system and people working in the area is affected."
A letter will be sent to the utilities and a notice to that effect will be published in the N.J. Register.
I asked Mr. Weyant, A PSE&G representative at the meeting, whether they would be changing their practices for cutting in Long Valley which is scheduled to start in the next day or so and he said they won't change anything until they see something in writing.
Commission president Fox was more conciliatory to the utilities. She said it was appropriate for New Jersey to have higher standards than other states because of our population density and the expectation of high reliability for electrical service. She said the commission also had an obligation to ratepayers to hold rates down, and cutting trees was more cost effective than trimming. (This is the first time I've heard any one state the "real motive".)
She suggested they could institute a plan for transmission lines similar to that for distribution lines (lower voltage lines on residential streets), which would allow municipalities to take responsibility for trimming and shoulder the cost.
"The NJBPU will ask the state's electric utilities to coordinate their vegetation management activities with the rulemaking process until the vegetable management rule is formally adopted. The rulemaking will include comments accepted from the public, a stakeholder meeting after the comments are completed, a public meeting if needed, and a 60-day comment period after the subchapter is published in the New Jersey Register. Residents are encouraged to discuss any of their specific issues with their respective utility vegetation managers and foresters during the rulemaking process."
It also refers to the cause of the 2003 power outage was a tree in Ohio contacting a power line.
David Barnes comment on their web site states:
Your release states "a massive electric power outage was caused after a tree came into contact with a transmission line in Ohio ." This is misleading. Trees come into contact with power lines every single day without the catastrophic result of August 2005. It is wrong to imply that one tree caused that outage. As I stated in my letter and white paper, as found by the Federal Energy Regulatory Commission (FERC), the outage was caused by the failure of utility personnel to respond effectively when their equipment failed catastrophically, with no contingency plan in place for such a combination of failures, when a tree made an unfortunate, improper contact. Pinning this solely on the tree unfairly simplifies what is a rather unique situation, a series of failures.
They also say:
"As the most densely populated state in the country, transmission line failures affect a greater proportion of the state's residents than anywhere else in the nation."Comment:
The current rules which require an arborist to identify tree species which can mature over 15 ft. and more cutting than was done in the past will certainly be more expensive initially, and the Utilities are likley to ask for rate increases to cover this expense. Can we really expect them to reduce rates in the future because of savings after the trees have been removed?
Govenor Corzine's Policy office
On June 23 I talked to some people in Governor Corzine's Policy office on this issue, and they seem to be in agreement with BPU President Fox, that New Jersey needs higher standards because of our population density. We are part of the regional Pennsylvania-New Jersey-Maryland (PJM) Interconnection, an independent regional transmission organizations (RTO) coordinating the movement of power through the transmission network across and within its region and reporting to the Federal Energy Regulatory Commission (FERC). According to them NJ is in a transmission-constrained area at the end of the line, so if we have an outage we can only be fed from South and have no backup in the North. At least until the Susquehanna-Roseland line is installed.
When I pointed out cutting trees which are 3-4 times the distance electricity will not help reliability, he went back to the access argument.
* FERC: Electrical Reliability
* NERC Standard FAC-003-1 - Transmission Vegetation Management Program
* (www.ferc.gov/industries/electric/indus-act/reliability/veg-mgmt-rpt-final.pdf)
* Map showing location of line in Bridgewater.
Page URL: NewJersey.SierraClub.org/RaritanValley/bpu_veg_mgmt.asp