Court Affirms Authority of NJ Board of Public Utilities to Override Municipalities


Court Affirms Authority of NJ Board of Public Utilities to Override Municipalities

by Dennis C. Linken on May 3, 2013

A recent State Superior Court, Appellate Division, case has affirmed the overarching authority of the Board of Public Utilities (Board or BPU) to override municipal determinations regarding multi-municipal public utility projects. At issue was the construction and operation of the New Jersey portion of a 500 kV upgrade of a transmission line from Berwick, Pennsylvania to Roseland, New Jersey (the “Project”). Public Service Electric & Gas Company (PSE&G) had proposed the Project in an effort to address predicted problems regarding its electric transmission facilities.

Notwithstanding the objections of various municipalities and environmental groups opposing the project, the BPU concluded that the Project was “reasonably necessary for the service, convenience and welfare of the public in order to enable PSE&G to continue to provide safe, adequate, and reliable service to its customers.” The Board further held that the Project was reasonably necessary to avoid system overloads which could cause significant damage to the infrastructure, brown outs or black outs.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dennis Linken, Scarinci Hollenbeck, LLC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.