PSC Seeking Public Comment on Electric Utility Right-of-Way Management Practices (Case 10-E-0155)

The New York State Public Service Commission is seeking public comment on New York State's Electric Utility Transmission Right-of-Way Management Practices.  Please refer to schedule below.

 

County	Location
Rockland	Monday, August 23, 2010 1:30 p.m. - 3:30 p.m. Ramapo Town Hall 237 Route 59 Suffern, NY 10901
Westchester	Monday, August 23, 2010 5:30 p.m. - 7:30 p.m. Yonkers Public Library Riverfront Library Branch 1 Larkin Center Yonkers, NY 10701
Westchester	Tuesday, August 24, 2010 1:30 p.m. - 3:30 p.m. Greenburgh Public Library 300 Tarrytown Road Elmsford, NY 10523
Orange	Tuesday, August 24, 2010 5:30 p.m. - 7:30 p.m. Village of Montgomery Senior Center 36 Bridge Street Montgomery, NY 12549
Onondaga	Tuesday, September 7, 2010 5:30 p.m. - 7:30 p.m. Syracuse City Hall Common Council Chambers 233 East Washington Street 3rd Floor Syracuse, NY 13210
Albany	Monday, September 13, 2010 5:30 p.m. - 7:30 p.m. Albany Public Library 161 Washington Avenue 2nd Floor Albany, NY 12210

Right-of-Way Management refers to the maintenance of the trees and vegetation below and alongside high voltage transmission lines that are located within a utility's right-of-way.  This management is necessary to maintain reliable electrical service. 

The New York State Public Service Commission will hold six public statement hearings on New York State's Electric Utility Transmission Right-of-Way Management Practices.  Public statement hearings will be held before an Administrative Law Judge.

It is not necessary to make an appointment in advance or present written material to speak at the hearings.  Each hearing will remain open for at least one hour and will continue until everyone wishing to speak has been heard or other reasonable arrangements are made.  Disabled persons requiring special accommodations may place a collect call to the Department of Public Service's Human Resources Management Office at 518-474-2520.

Background

On April 20, 2010, the New York State Public Service Commission instituted a proceeding in Case 10-E-0155 to re-examine the Commission's regulations in Part 84 of Title 16 of the New York Code Rules and Regulations (NYCRR) regarding transmission right-of-way management.  These regulations were instituted in 1980 and further revisions were implemented in 2005.

Summary

Over the past several months, the public and elected officials have expressed concern with respect to the right-of-way vegetation management practices used by utility companies to implement New York State regulations as stated in Part 84 of 16 NYCRR.  The concerns were focused mainly on the trimming and removal of trees and other vegetation by the utilities as part of their right-of-way management programs in and around electric transmission lines.  In particular, the public cited aesthetic impacts associated with the electric utilities' right-of-way work as well as noise, erosion and decreased property values. 

The reliability of the electric system in New York States depends on the safe and effective transmission of electric power from where it is generated to where it is distributed.  Since transmission lines carry very high voltage, sufficient clearance is needed between the transmission lines and the trees and vegetation to ensure proper transmission.  If there is any contact between transmission lines and trees and vegetation, power outages can occur.  Therefore, in order to keep the electric system safe, it is important to have effective management of the trees and other vegetation that is within a certain proximity to transmission lines. 

Comments are invited on the following questions:

1. Do the programs used by State utilities for transmission right-of-way vegetation management conform to industry best practices?
   
2. At what point, at what height, or under what circumstances should the trees be removed from the transmission right-of-way in order to protect the safety and reliability of the transmission system?
   
3. Are alternative or supplemental practices available which would reduce the environmental or aesthetic impacts of transmission right-of-way vegetation management without compromising transmission system safety or reliability?
   
4. If supplemental vegetation management practices are preferred by the community through which a transmission right-of-way passes, how should the community preference for such practices be demonstrated? How should the costs of such practices be distributed to or divided among the utility which owns the transmission line, the ratepayers for that utility, the users of the transmission line, the community through which the transmission line passes, and the owners of properties adjacent to the transmission line?
   
5. In what ways can a utility mitigate the impact of its transmission right-of-way management practices without sacrificing electric system safety and reliability?
   
6. Are there cost effective strategies available to utilities to mitigate the aesthetic impacts of transmission right-of-way management?
   
7. Is cleanup after utility right-of-way management activities adequate?
   
8. What type of notifications regarding vegetation management do utilities currently employ?  What type of notification by utilities would be most effective for landowners who live adjacent to a right-of-way prior to utility transmission right-of-way vegetation management work (for example: phone call, letter, newspaper, other)?  When and how frequently should such notice be provided?  Should others, besides adjacent property owners, be notified?  What information should be provided in such notices?
   
9. Apart from such notices, what strategies or practices should utilities provide to the owners of property adjacent to utility transmission right-of-ways that landowners may use to protect their land from the aesthetic impacts of transmission right-of-way maintenance and, at what intervals and through what means should this information be provided?

How to Comment on the Case

Interested members of the public may comment as noted below.  Your comments should refer to "Case 10-E-0155 - New York State's Electric Utility Transmission Right-of-Way Management Practices."

1. Write to:  Honorable Jaclyn A. Brilling, Secretary, NYS Public Service Commission, Three Empire State Plaza, Albany, NY 12223-1350.
   
2. Submit comments electronically by accessing the Department's Website http://www.dps.ny.gov , clicking on "Consumer Assistance" and scrolling down to access the link to the "PSC Comment Form." Many libraries offer free internet access.
   
3. Call the Department's Toll-Free Opinion Line at 1-800-335-2120. This number is designed to take comments about pending cases from in-state callers, 24 hours a day. Callers should press "1" to leave comments.

All comments should be submitted or mailed and postmarked by no later than September 28, 2010.  All public comments received by the Commission will be placed in the official case file and subject to public inspection.  Persons interested in the right-of-way management practices of electric utilities may view pertinent documents in this case at the Commission's offices at Three Empire State Plaza, 14^th Floor, Albany, New York and 90 Church Street, New York, New York (please bring picture identification for a security check), or on the Commission's Website http://www.dps.ny.gov.

For a printable version of the fact sheet containing information about this case, you can click on Case Number 10-E-0155.

Next Steps

The Commission will formally consider the case at one or more regularly scheduled public meetings.  Following its discussion and deliberations at such meetings, the Commission will issue a written order.