Attorney hired over project’s transmission lines; Zoom public hearing Monday
OCEAN CITY — City Council has hired Cooper Levenson to represent Ocean City in an appeal of the New Jersey Board of Public Utilities’ (BPU) decision in the Ocean Wind 1 petition for right of way approvals for transmission lines across the island.
At the end of September, the BPU approved the petition to grant easements for the lines across Green Acres-designated properties without seeking the local government’s approval of those easements.
In August 2021, the state Legislature approved a bill, signed into law by Gov. Phil Murphy, that took the power of granting easements for rights of way away from municipalities and gave it to the BPU in certain cases, including for transmission lines for wind-generated electricity.
The city decried that as an infringement of home rule. Politicians supporting the Ocean Wind 1 project, which plans up to 98 wind turbines 15 miles off Cape May and Atlantic counties to generate 1,100 megawatts of power, acknowledged the law was sparked by the city’s opposition.
Ocean Wind 1, a joint venture between Danish company Ørsted and PSEG, wants to run the transmission cables through Ocean City, under the beach and city streets, heading out Roosevelt Boulevard to Upper Township and connecting with the power grid at the former B.L. England generating plant in Beesleys Point.
Ocean City opposed the petition, asking for cost estimates to be provided for alternate routes for the lines, including through Great Egg Harbor Inlet.
The BPU ruled that the interests of meeting Murphy’s goal of wind-generated power overruled the city’s position and that it was important to meet the project’s construction and operation deadlines.
The ruling also notes that the cable route Ocean Wind selected didn’t have to be the “best” route, because that designation is highly subjective and Ocean Wind “considered a broad range of interests” before choosing the route.
The BPU quoted testimony in the petition: “Compared to the potential alternatives, the Preferred Route is technically feasible, and has the least impacts to natural resources, including wetlands and water bodies, and residential and historic properties.”
It decided it was better to follow a route with established rights of way.
State rate counsel weighs in: Consider Alternative routes
On Oct. 12, the New Jersey Division of Rate Counsel wrote to the BPU, asking that other routes for the transmission lines be considered.
Brian O. Lipman, director of the Division of Rate Counsel, made clear that its position not be conflated with a position against the Ocean Wind project and that voicing concerns about the route “should not be mistaken for a position that is anti-offshore wind energy.”
Instead, the director noted, a thorough and robust process is in the public interest.
Lipman concluded in his comments that the procedural schedule be modified because of the “limited development of the evidentiary record and limited opportunity for stakeholder involvement.”
He said there should be more investigation into the proposed route and potential alternatives, including costs — a point Ocean City raised but that was dismissed — and more opportunity to verify Ocean Wind’s claims.
Zoom hearing is Monday evening
A virtual public hearing on Ocean Wind 1 is scheduled for 6 p.m. Monday, Nov. 14.
The public hearing originally was scheduled Oct. 3 in person at the Flanders Hotel but was postponed because of coastal flooding.
Ocean Wind has filed a petition with the BPU for a diversion of Ocean City beach lots at the end of 35th Street, and a lot north of the Roosevelt Boulevard (34th Street) bridge, for its transmission cables. Those lands are encumbered by the state’s Green Acres restrictions.
Those who wish to participate via video conference may access the hearing at https://bit.ly/ocw1-ga-pub-hearing or go to https://zoom.us/join and enter Webinar ID: 845 6140 0881; Passcode: 407304.
Those planning to offer comments at the hearing may sign up to do so during the hearing. A dial-in option will be available, if using one-tap mobile: +16469313860,,84561400881# or for telephone, (646) 931-3860 or (888) 788-0099 (Toll Free); Webinar ID: 845 6140 0881; Passcode: 407304.