Public Service Electric & Gas Co. on Wednesday filed papers opposing efforts to force it to pay for legal fees and expert testimony for those against its proposed transmission line project.
The company also is seeking to prohibit two citizens groups and several environmental organizations from intervening in its application to add 500 kilovolt lines along a 46-mile transmission corridor from Pennsylvania through Morris County to Roseland.
PSE&G stated in papers filed with the state Board of Public Utilities, which is considering approvals for the $750 million project, that it would not oppose the efforts by 11 municipalities, school boards, corporations and a day camp to actively intervene in the process.
But the utility contends the 300-member Stop the Lines, Fredon PALS and four environmental groups -- Environment New Jersey, the New Jersey Highlands Coalition, the New Jersey Chapter of the Sierra Club and the New Jersey Environmental Federation -- "do not meet the legal standard to be granted intervener status," said Karen Johnson, a PSE&G spokeswoman.
Interveners, who are allowed to request discovery documents, cross-examine witnesses and present their own expert testimony, must prove they would be directly impacted by the project and have unique concerns that would not be represented by others.
"The interests of Fredon PALS and Stop the Lines are not measurably different than those of the Fredon Board of Education, Fredon Township and the five other municipalities who have requested intervener status," she said.
PSE&G would not oppose the groups' participating in the process if they work together with interveners to avoid delays. Johnson said the groups "will still have ample opportunities to present their views to the board at public hearings to be scheduled later this year."
The company did not oppose intervention by municipal and school bodies, including East Hanover, Montville, Parsippany-Troy Hills and Byram townships and the Montville Board of Education.
The four municipalities, as well as Stop the Lines and the environmental groups had asked the BPU to require PSE&G to escrow more than $200,000 to pay for their experts' testimony. The utility opposed that request.
"The request is unprecedented in New Jersey and is not supported by state law," said Johnson. "Utility customers already pay for the BPU and the division of rate counsel in the public advocate's office to review and determine if projects like this are in the public interest. Ratepayers should not be required to also pay for those who want to intervene in the proceeding."
