Legalectric

It’s been a busy couple of weeks, with Discovery to and fro with PSE&G.  Here’s the results:

PSE&G-response1 to BPU Discovery

This is their response to the BPU Discovery.  Although Ken Sheehan at BPU had said we could proceed with Discovery before we were parties, we’d sent the blanket request for others’ requests to avoid duplication and find out where we were at, but they ignored it, and even BPU would not forward their requests… so we sat in the dark until after our intervention was formally granted.  I asked again, and lo and behold, that same day, BPU turned over their requests and PSE&G turned over their respones to BPU Discovery.  Many of the responses aren’t, so I imagine there’ll be some wrangling about that.

Here’s what we’ve sent to them so far:

STL-Discovery-Herling-1

STL-Discovery-McGlynn1

STL-Discovery-Crouch1-corrected

STL-Discovery-Millies1

STL-Discovery-Bailey1

STL-Discovery-King1

The Discovery deadline for the Direct Testimony has been extended to June 5th.

Prehearing Order – May 14, 2009

Are we having fun yet?

Day before yesterday, New Jersey’s Board of Public Utilities met to make determinations on the Motions for Intervention of a large number of parties.  Stop the Lines, of course being one!  They’d objected to our Intervention:

PSEG Response to Intervention Motions

PSEG Response to Escrow Motions

… but had no objection to my Pro Hac Vice… go figure.  And the feeling I had from the BPU is that they were honestly encouraging interventions.  SO, what happened?

State: 17 groups may intervene in PSE&G’s power line proposal

By Colleen O’Dea • Daily Record • April 27, 2009

All 17 groups that sought to be part of the hearing process on Public Service Electric and Gas Company’s proposed transmission line project may do so, the state Board of Public Utilities decided today.

Meeting in Newark, the board also directed PSE&G to meet with the intervening parties – several municipalities, environmental organizations and citizens groups – to negotiate an agreement on the establishment of an escrow account from which the groups could pay for expert witnesses.

“Super,” is how Dave Slaperud of the 300-member Stop the Lines, one of six groups the utility had sought to bar from intervening in its application to add 500 kilovolt lines along a 46-mile transmission corridor from Pennsylvania through Morris County to Roseland, described the BPU’s decision.

“We would have been really surprised if we had been denied intervener status,” said Slaperud. “There are so many of us living along the line who are affected and not all the municipalities are getting involved in the process.”

Among the government bodies that are involved are East Hanover, Montville, Parsippany and Byram townships and the Montville Board of Education. Interveners are allowed to request discovery documents, cross examine witnesses and present their own expert testimony.

And more:

Groups cleared to speak at powerline hearings

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