You are asked to sign a petition in support of resolution calling for the immediate cessation (temporary moratorium) of Transmission Line clear cutting within New York State by utilities such as Con Edison. Furthermore, the resolution requests the NYS Public Service Commission (PSC) to undertake an open, public re-evaluation of its existing guidelines.
A copy of the resolution can be read here: Transmission Line Clearing Moratorium Legislation
While recognizing the need to clear potentially dangerous vegetation (mainly tall-growing mature or dead trees) from the wire zone of our regional transmission lines, the current vegetation management policy encouraged by the PSC to clear cut all vegetation across the entire width of the right-of-way (ROW) results in significant environmental and property value impacts. Such a policy results in the loss of the transmission line border zone as an effective visual and physical buffer. Affected communities to date include: Yonkers, Scarsdale, Greenburgh, Pleasantville, Cortlandt, Elmsford and Yorktown Heights.
The impacts of this clear cutting, widely reported in local media this winter, include:
Direct loss of property value, loss of noise abatement and privacy screening, loss of wildlife habitat, increased risk of stormwater flooding and related damage, increased air pollution and risk of invasive plant spread along the disturbed corridors, as well as risk of increase in white-tail deer population that pose a hazard to motorists and threatens our landscapes.
Furthermore, while Con Edison asserts that this clear cutting policy is the most cost effective approach to maintaining the lines, in actuality, the true costs of this policy fall onto private citizens and local municipalities due to the inevitable mitigation and restoration efforts required after-the-fact.
Note that this clear cut policy established by the PSC in 2005 has had no public comment, review or input, and the policy has never been updated to reflect newer national standards promulgated by the North American Electric Reliability Corporation (NERC) under the auspices of the Federal Energy Regulatory Commission (FERC). These newer standards (FAC 003-1 2007 & FAC 003-2 draft 2009) require the transmission line utility to explicitly account for environmental impacts of vegetation line clearing and demonstrate a “tiered” management approach wherein the farther off the “centerline” of the transmission lines, the taller the tree that may safely remain standing.
The results of this petition will be forwarded to municipalities within Westchester County as well as to the County Board of Legislators and regional state politicians. With united action by Westchester’s municipalities and officials, we believe that an immediate work moratorium can be successfully achieved and proper public oversight of PSC regulations can be undertaken.
Once our trees are protected from immediate loss, we as a community can work with Con Edison and the PSC to find solutions to the line clearing issues that provide system reliability while achieving the environmental quality and global warming goals supported by Westchester’s communities.
While the focus of this resolution is Westchester County, the goal is to support PSC policy changes throughout the state.
Transmission Line Moratorium & Review of PSC Regulations
Greetings,
I am writing to you today to express my support for the LORAX working group's draft resolution calling for an immediate moratorium on Transmission Line clear-cutting by Con Ed and other electric utilities in New York State. During this period of cessation of tree removal, I believe the NYS Public Service Commission must also undertake a full public review of its existing 2005 vegetation management guidelines.
I believe that Con Edison’s "scorched earth" clear-cutting practice, as it is being implemented in Westchester County’s densely populated suburban communities, violates the real property rights of the immediately adjacent property owners (private and municipal) and otherwise adversely affects the legitimate land use interests of the residents of Westchester County, resulting in unsightly visual impacts, unnecessary environmental degradation such as uncontrolled storm water flow and erosion due to denuded land, and the virtual decimation of carefully planned and maintained view shed & noise buffers.
This "scorched earth" practice being employed by Con Edison far exceeds those steps reasonably required to protect Con Edison’s transmission assets and the legitimate public interest in maintaining an uninterrupted flow of power through the region.
I strong urge you to support in every manner possible the LORAX resolution which demands that the New York State Public Service Commission direct Con Edison to immediately cease its "scorched earth" practice, until such time as there has been a full, open public examination by the PSC, within the communities affected, as to the conditions that exist and the management steps required to be taken in Westchester County, to ensure compliance with town, county, state and federal law and to revisit the PSC Rules as being interpreted by Con Edison and to make adjustments to same so that certain goals can be achieved, including but not limited to (i) preservation of non-offensive vegetation, (ii) control of erosion and run-off, (iii) retention and maintenance of sight lines and integrity of the residential appearance, (iv) retention and maintenance of vegetation providing noise abatement, (v) preservation of woodland and wetland habitats to the greatest extent possible, (vi) avoidance of herbicide use for vegetation management, but if required, that only herbicides approved by NYS DEC for use along wetlands and watercourses be utilized, (vii) timely and detailed advanced notification of affected property owners, (viii) implementation of full supervisory oversight of and proper training of all work crews, and (ix) compliance with local and state laws;
Con Edison should further be directed to implement a full and effective mitigation plan for affected property owners (private or municipal) along the transmission right-of-way.
Thank-you for your timely consideration of this matter.
[Your name]