Legalectric

But wait… it’s already here!

Just in from Bob Cupit, from the Upper Midwest Transmission Development Initiative:

UMTDI Summary Report

Here’s the initial idea:

The RGOS first-mover subset located within the UMTDI states’ footprint is:

• Big Stone, SD to Brookings, SD 345kV – estimated cost of $150 million.
• Brookings, SD to Twin Cities, MN 345kV – estimated cost of $700 million.
• Lakefield Junction, MN to Mitchell County, IA operated at 345kV but constructed at 765kV specifications to allow full upgrading and operation at 765kV in the future – estimated cost of $600 million.
• North La Crosse, WI to North Madison, WI and Dubuque, IA to Spring Green, WI to Cardinal, WI 345kV – estimated cost of $811 million.
• Sheldon, IA to Webster, IA to Hazleton, IA 345kV – estimated cost of $458 million.

In addition to the proposed transmission projects above, the Midwest ISO’s Midwest Transmission Expansion Plan (MTEP) for 2011 identifies the following transmission project as an initial candidate for regional cost sharing because of its regional benefits.
• Ellendale, ND to Big Stone, SD 345 kV – estimated cost of $275 million.

OK, folks, do any of these lines look familiar?  Why is the CapX 2020 Brookings SD to Twin Cities MN 345kV line on this list?  Why is the CapX/ATC North LaCrosse, WI to North Madison, WI on this list?  Hmmmmmmmmmm…yet they say this:

Although UMTDI actively engaged in the identification of possible renewable resource areas and potential transmission corridors, this should not be taken as expression of support for particular routes, particular projects, particular voltages, or appropriate levels of spending in any state proceeding. Those decisions remain for a future day, when specific projects might be proposed. However, the Executive Committee sees great value in affirming its support for coordinated state efforts on these multi-state projects, and its general support for these corridors, which appear to have value in all identified reasonable futures.

Um… hello, they’re listing specific proposed projects.

Of course it’s all connected, how stupid do they think we are?  Well, pretty damn stupid, look what they’re recommending, cost-sharing to shift the cost across MISO:

A key, unresolved issue for construction of projects of this magnitude is cost sharing. The criteria in the Midwest ISO’s recent tariff filing at FERC, as well as other activities ongoing at the Midwest ISO, indicate that these first-mover projects would likely all qualify for cost allocation treatment. This designation would mean that all energy users in the Midwest ISO’s footprint would share the costs of these “no regrets” lines. FERC has not approved this rate treatment, however, and it is likely that FERC will receive a number of comments and objections to the Midwest ISO’s tariff proposal. While the UMTDI Executive Committee has not taken a position on the Midwest ISO’s cost allocation filing, it is safe to say that the absence of cost sharing would make construction of EHV transmission lines in these corridors very difficult.

And PJM too:

The total cost for these first-mover lines is approximately $5.8 billion with $1.4 billion being funded by customers in PJM, the Midwest ISO’s neighboring independent system operator to the east.

And because they know this isn’t needed or wanted, they’re frantically trying to find a way to circumvent state authority — how about a multi-state regulatory body to site transmission… or direction to the states from FERC to act:

States Together

Interstate Compacts At the highest levels, all five states have the power to create a compact, with the consent of Congress, to establish a common agreement on how to develop the UMTDI Project. Minnesota and Wisconsin provide specific powers to their respective governors to enter compacts involving transmission lines. Congress has specifically contemplated the compact mechanism by authorizing three or more states to form a compact, subject to Congressional approval to “facilitate siting of future electric energy transmission facilities.” Sec. 216(i) of the Federal Power Act (FPA), 16 U.S.C. § 824p. Another FPA provision, little used § 209, authorizes the FERC to delegate any subject matter in its jurisdiction to a group of states, offering another potential avenue of federal approval for joint state action on transmission siting and cost allocation.

…”little used § 209″… how perverted can we get?  Perhaps there’s a reason why a state PUC would be reluctant to permit projects like this?!?!?!?

HA!  I love it when this happens.  Just before National Park Service public hearings (schedule below), PSEG screws up and an application gets tossed back in their face!

I’m representing Stop the Lines against PSEG”s Susquehanna-Roseland transmission project in New Jersey.

PSEG thought they’d be “smart,” and given the length and intensity of process for the federal environmental review of its proposal to cross the federally designated Wild & Scenic Delaware Water Gap with massive transmission…

… they tried to divide the line in half for its News Jersey Dept. of Environmental Protection wetlands application and other DEP applications too.

First the DEP rejected that maneuver, short and sweet, and rejected their wetlands application:

PSEG Deficiency Letter July 28, 2010

Here’s the meat of it, first the funny part:

… and then, the substantive issue…

So then, PSEG withdraws their other DEP applications:

PSEG Letter of Withdrawal July 29, 2010

I love it when that happens… and what great timing.  Bring on the National Park Service hearings!

Here’s an Alert from the New Jersey Sierra Club:

Urge the National Park Service to Select the “No Action” Alternative!

The National Park Service will be hosting 3 public meetings to present the Preliminary Alternatives for the Susquehanna-Roseland transmission line as part of its NEPA (National Environmental Policy Act) review for this project. The meetings will consist of an “open house” portion where information will be available and NPS staff can answer questions and a formal “public hearing” portion. The meetings will be held:

Tuesday, August 17
Fernwood Hotel and Resort
US 209 North
Bushkill, PA
Open House: 2:30 p.m. – 4:30 p.m.
Public Hearing: 6:00 p.m. – 9:00 p.m.

Wednesday, August 18, 2010
Stroudsmoor Country Inn – Terraview
North 4th St
Stroudsburg, PA
Open House: 2:30 p.m. – 4:30 p.m.
Public Hearing: 6:00 p.m. – 9:00 p.m.

Thursday, August 19, 2010
Farmstead Golf and Country Club
88 Lawrence Road
Lafayette, NJ
Open House: 2:30 p.m. – 4:30 p.m.
Public Hearing: 6:00 p.m. – 9:00 p.m.

The proposed alternative routes can be viewed here.  Click on the “Preliminary Alternatives Newsletter” for details and mapping of the 6 proposed routes.

Please come to these meetings and voice your support for the “No Build Alternative”!  If you are unable to attend the hearings, comments can be submitted online here.  NPS will accept comments on these alternatives August 8- September 7.

++++++++++++++++++++++++++

And word is getting out:

Opponents of powerline upgrade are happy that project is delayed

BY COLLEEN O’DEA • STAFF WRITER • August 5, 2010

Opponents are cheering the news that Public Service Electric and Gas Co.’s transmission line upgrade will be delayed by three years because of problems with environmental permits.

But they are still urging people to comment on the National Park Service’s proposed alternatives to the line, which would span 47 miles in New Jersey. Some of those options would bring the line south into areas of Morris County that are more congested.

The utility had hoped to begin work this summer to add 500-kilovolt lines on towers as high as 195 feet, along its existing 230-kilovolt Susquehanna-Roseland line. It received approval from the state Board of Public Utilities and was awaiting OKs from the state Department of Environmental Protection and NPS.

Last week, PSE&G’s second quarter earnings statement disclosed that the utility would not complete work on the eastern half of the line, from Hopatcong through portions of Morris County to Roseland, until 2014 and on the western section to the Delaware Water Gap until 2015.
Read the rest of this entry »

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Yes, indeed, PSEG is making things work for us…

PSEG has announced through its 2Q report that the Susquehanna-Roseland transmission line will be delayed until at least 2015.  Just like the Brookings line part of CapX 2020!  Funny how that works.

PSEG – 2nd Quarter – Press Release

Here’s what they said in this about D-E-L-A-Y of the Susquehanna-Roseland transmission line – two little snippets:

Ralph Izzo indicated that PSE&G has notified the PJM Interconnection that the in-service date for the eastern portion of the Susquehanna-Roseland transmission line has been delayed by 2 years to 2014 with the in-service date for the western portion of the line delayed until 2015. He added, “We are disappointed by the delay, but look forward to meeting the region’s reliability requirements in partnership with our regulators and PJM.”  The delays are due to on-going environmental permit reviews.
…

PSE&G notified PJM that it has not obtained certain environmental approvals that are required for completion of the Eastern and Western segments of the Susquehanna – Roseland transmission line. Consequently, at this time, we do not expect the Eastern portion of the line to be in service before June 2014, and we do not expect the Western portion to be in service before June 2015.

You can learn more about the Susquehanna-Roseland transmission project at www.stopthelines.com!

Interesting 2Q report, some pretty juicy dry numbers here, look how far down their net income was, and look at how their bottom line recovered — it’s those “excluded items” that make the difference:

As Business Week notes:

PSEG 2Q profit falls 21.5 percent

It’s hard to type that headline without two or three exclamation points!!!

Here’s the report from the Star-Ledger:

PSE&G delays construction of controversial Susquehanna-Roseland power line

Published: Friday, July 30, 2010, 4:14 PM
Brian T. Murray/The Star-Ledger

Public Service Electric & Gas announced this morning a three-year delay in completing its controversial Susquehanna-Roseland transmission lines, which will cut across New Jersey’s protected, water-rich Highlands.

PSE&G broke the news in its second-quarterly earnings report, explaining that obtaining environmental approvals has taken longer than anticipated. The announcement came just days after the state Department of Environmental Protection found the company’s wetlands permit applications incomplete.

Now, the $750 million power project the company hoped to complete by 2012 will not be done until 2015.

The New Jersey Highlands Coalition and the New Jersey chapter of the Sierra Club, two groups opposed to the project, said it may be the beginning of the end for the power line. But PSE&G said it plans to move forward, contending the power lines are needed to prevent blackouts and keep the region’s power grid reliable.

“We are disappointed by the delay, but we are going to work with the regulators. … We are still committed to constructing the line. It’s just going to be delayed,” said PSE&G spokeswoman Deann Muzikar.

Already approved by the state Board of Public Utilities and the New Jersey Highlands Council, the project involves a 500,000-volt transmission line along a 146-mile route between Pennsylvania and northern New Jersey and erecting 500-kilovolt transmission towers along a path where smaller, 230-kilovolt towers already exist. The main hurdle has been the National Park Service, which must approve a western leg of the line to run through the Delaware Water Gap National Recreation Area, Middle Delaware National Scenic and Recreational River and the Appalachian National Scenic Trail.

PSE&G split the project into two segments earlier this year, hoping to at least begin construction this summer on an eastern leg between Hopatcong in Sussex County and Roseland in Essex County. But that strategy caused trouble for its wetlands permit reviews by the DEP, which noted the BPU had approved the project in one piece, not in a bifurcated process.

Additionally, the National Park Service has stood firm on its plan to delay action until 2012, as it holds public hearings and considered alternative routes for the line. Three hearings are scheduled for Aug. 17 through Aug. 19 in Pennsylvania and Sussex County.

Environmental groups, contending the project will ruin sensitive land and promote polluting, coal-generated electrical plants in the west, applauded the park service for its careful approach.

“PSE&G has been playing a high-stakes game of chicken with the public and regulators, whom they are now blaming for their not getting their permits on a fast track. This doesn’t surprise us, considering the vast environmental and scenic damage that will be imposed on the Highlands for this risky, ill-conceived, and expensive project,” said Julia Somers of the Highlands Coalition.

Xcel Energy, or Northern States Power, whichever, has filed its brief in the Routing docket for the Hiawatha Transmission Project.

Xcel/NSP Post-Hearing Brief

Xcel/NSP Proposed Findings of Fact, Conclusions

Also filed is Notice that the transcripts are now available at local libraries, a big help because the cost is prohibitive, they’re not free here as they are in WI or available via FOIA as they are in New Jersey (called OPRA there):

Notice – Transcripts are in the libraries

Which states:

I write to advise that the transcripts for the evidentiary hearings held in the Hiawatha Transmission Project routing proceeding on April 12 – 21 and April 26 – 30, 2010, have been placed in the following libraries: East Lake Library, Hosmer Library, Franklin Library, Central Library, and Roosevelt Library. We have also provided an extra copy to the Central Library with a request that it forward it to the Nokomis Branch once renovations are complete. The transmittal documents are enclosed.

So those of you writing briefs now know where to go!!!!

Stop The Lines! has appealed the New Jersey Board of Public Utilities’ determination on the Susquehanna-Roseland transmission line, I’ve been representing them in this fracas, and from the news reports below, it looks like we’ve hit all the bases!

The Susquehanna-Roseland transmission line is absurd — they’re tearing down an existing low capacity line and putting up towers twice as high with … well… imagine this, QUAD bundled 500 kV line.  Really… that is what they applied for, but midway through the hearing, they admitted that the structures couldn’t handle that and reduced it to TRI-bundled 500kV.  ACSR at that, could it be more primitive?  It’s absurd, if they 190 foot towers fell, with a 75 foot Right of Way, that’s 115 feet that it could extend beyond the Right of Way.  It’s beyond absurd — it’s insane, and earth to mars, there are people right there, RIGHT THERE, don’t they care?

Plus it’s not needed, the Marketing Analytics report says it all:

Marketing Analytics – PJM 2009 State of the Market Report

Here’s the BPU order that we’ve challenged:

NJ BPU Order – April 21, 2010

This is from the Pocono Record — be sure to click on the linkedarticle below to get to the Pocono Record comment section:

Power line fight heads to NJ court

By Wayne Witkowski

For the Pocono Record
June 11, 2010

New Jersey activists fighting proposed increases in the voltage and tower height of the Roseland-to-Susquehanna power lines are taking their battle to appeals court.

Four environmental groups and one onf the two private organizations made up of concerned homeowners filed court papers this week against the state’s Board of Public Utilities and utility company PSE&G. The papers charge that BPU, which approved the plan unanimously without comment in February, did not exercise due diligence in properly reviewing the proposal.

Stop the Lines, based in Fredon, N.J., has filed suit. It is one of two active private organizaitions in New Jersey opposing the project, along with the recently established Save the Park group in Hardwick Township, N.J., which has a sign advertising its cause on Hollow Road in Smithfield Township.

The suit contends the review lacked a proper analysis of the need for the project, failed to consider the environmental impacts of construction or weigh the secondary impacts of importing coal energy from Pennsylvania.

The existing 47-mile link of the 145-mile route, which extends through the Delaware Water Gap National Recreation Area and specifically through Saw Creek Estates in Lehman Township, would add 500,000 kilovolts and raise towers to 195 feet. It is under the auspices of the PJM Interconnection, which includes PPL on the Pennsylvania side and PSE&G, which is looking to recoup $3 billion in costs stemming from the deregulation of the energy sector in New Jersey.

The project still awaits approval by the National Park Service. New Jersey Sen. Bob Menendez recently sent a letter to park Superintendent John Donahue asking him and the National Park Service to exercise due diligence in its decision, which is due in 2012.

PSE&G spokesman Karen Johnson defended BPU’s decision, saying PSE&G is aware of the appeal and believes there is “ample evidence” to support its decision.

And from the Daily Record:

Morris area citizens group sues over power line plan

BY COLLEEN O’DEA • STAFF WRITER • June 10, 2010

The citizens group Stop The Lines has filed an appeal challenging the state Board of Public Utilities’ approval of Public Service Electric and Gas Co.’s transmission line expansion through Morris, Sussex and Warren counties.

Stop The Lines’ appeal of the BPU’s January decision permitting the upgrade on PSE&G’s Susquehanna-Roseland power line is the second filed in appellate court in the last week. Four environmental groups that like Stop The Lines also had intervened in the proceedings filed an appeal last Friday.

The Stop the Lines appeal will focus on the lack of need for the expanded transmission line, which would add 500-kilovolt lines to towers as high as 195 feet along the 47 miles in New Jersey. The group also faults the BPU’s refusal to consider information on a possible decreased demand, health and safety impacts on landowners, residents and the environment and economic impacts ranging from loss of property value and tax revenue to inability of homeowners to obtain mortgages.

“Building 195-foot high towers within a 150-foot wide right-of-way is simply unreasonable,” said David Slaperud, a Stop The Lines trustee.

“We believe the ample evidence in the case fully supports the BPU decision that this line is needed for reliability,” said PSE&G spokeswoman Karen Johnson.

PSE&G is awaiting final environmental permits to begin working on the eastern half of the $750 million project, from Hopatcong to Roseland. It hopes to begin work this summer. The western portion, from Hopatcong to the Delaware River, has to await the completion of a National Park Service review because the line runs through the Delaware Water Gap National Recreation Area. That is expected to take until 2012.

The project was challenged in the BPU by citizen and environmental groups, several municipalities and the Montville School District. Ratepayers would foot the bill.

The line crosses from Pennsylvania at the Delaware Water Gap and proceeds through Warren and Sussex Counties. More than half the line would traverse Morris County, through Jefferson, Rockaway Township, Kinnelon, Boonton Township, Montville, Parsippany and East Hanover before ending in Roseland.

And in the New Jersey Herald:

Activists appeal state’s power line approval

FREDON — The most outspoken local opponent of the Susquehanna-Roseland power line is appealing its state approval in the court system.

Stop the Lines, the activist group that has been the most vocal and omnipresent adversary to the PSE&G line since its proposal in 2008, is appealing the Board of Public Utilities approval issued in February.

The appeal focuses on the need of the 500kV line, running 146 miles from the Poconos across northwestern New Jersey and into the heart of the Garden State. They will also question the economic impacts to property owners and municipalities along the line — which will double the height and triple the power of the existing 1920s-era transmission towers.

“Building 195-foot-high towers within a 150-foot wide right-of-way is simply unreasonable,” said David Slaperud, a Stop the Lines Trustee.

Four state environmental groups also appealed the BPU decision by the June 7
deadline.

PSE&G has maintained brownouts could roll down the line as early as 2012 if the upgrade is not complete. However, the National Park Service blessing to cross the Delaware Water Gap will not be available until that year — and PSE&G put off seeking final environmental permits for the 20-mile Sussex County stretch of the line last month.