Dear President Mroz:
I write regarding the upcoming March 24, 2017 meeting of the New Jersey Board of Public Utilities (BPU) to consider the motion by Monmouth County local communities to stay consideration of Jersey Central Power and Light's (JCP&L) application to construct the Monmouth County Reliability Project (MCRP). I strongly encourage you and the other commissioners to grant their motion.
As part of seeking approval for the proposed 10-mile transmission line, which would run through my Congressional district, JCP&L must obtain permission from NJ Transit to use existing rights-of-way along the North Jersey Coast Line. Despite having failed to consider fully other options, JCP&L has made it clear that it believes that this route is the only viable one for this project. NJ Transit has not yet consented to use of its right-of-way.
There is no substantive reason for the BPU to continue consideration of JCP&L's project application for the MCRP until the company obtains the necessary approval for use of the right-of-way from NJ Transit. Going forward with proceedings is a waste of resources for all parties until JCP&L can produce the required land-use agreement. Recognizing this, in October, communities that would be impacted by the MCRP filed a motion to dismiss or stay the approval process. Unfortunately, Administrative Law Judge Cookson declined to grant that motion. The towns have now appealed to BPU, and the Board should seriously consider their case. Failure to grant this motion ensures that additional time and resources will be devoted to considering this ill-conceived project, despite JCP&L having failed to secure the land and other perquisites necessary for it to build the project.
Additionally, it is important to point out that, when JCP&L proposed a substantially similar transmission project in 1989, Administrative Law Judge Perselay ruled that if the utility had not secured a land-use agreement with NJ Transit prior to the evidentiary hearing's start date, the approval process could not move forward. BPU should honor that precedent when considering its decision on the towns' appeal to reconsider their motion.
Thank you for attention to this matter.
Sincerely,
FRANK PALLONE, JR.
Member of Congress