NATURE IS REGENERATING

NATURE IS REGENERATING
SOME RELIEF FROM THE RESPROUTS

Saturday, October 27, 2012

PROMISING SUPPORT FROM FERC CHAIRMAN JON WELLINGHOFF

http://www.ferc.gov/media/statements-speeches/wellinghoff/2012/06-21-12-wellinghoff-A-3.asp

WHAT WE ARE FIGHTING TO PRESERVE





http://www.change.org/petitions/governor-cuomo-dot-commissioner-joan-mcdonald-nys-psc-chairman-gary-brown-require-con-edison-to-plant-vegetative-buffers-along-the-sprain-parkway-2

PARTICIPATE IN THE ONLINE PETITION

*Require Con Edison to uphold NYS Public Service Commission’s directives found in Case 10-E-0155 (2010). Stop Con Edison from clear-cutting the Rights of Way along their Bulk Electrical Transmission Corridors. Further, require Con Edison to allow the vegetative buffers that they clear-cut to regrow along open roadways and through suburban neighborhoods in order to re-establish those pre-existing buffers.

* Require Con Edison to mitigate the impacts on homeowners of the clear-cuttings that began in 2007, which include significant increase in noise, wind, and pollution, as well as decrease in aesthetics and property value.

* Require the Department of Transportation to establish new vegetative or otherwise sound absorptive buffers to insulate residents from the negative impacts of Con Edison’s clear-cutting along the Sprain Brook Parkway.

http://www.change.org/petitions/governor-cuomo-dot-commissioner-joan-mcdonald-nys-psc-chairman-gary-brown-require-con-edison-to-plant-vegetative-buffers-along-the-sprain-parkway-2

Monday, July 18, 2011

Are Guidelines updated in Case 10-E-0155 Being Ignored?? PRESS RELEASE

THURSDAY, JULY 14, 2011

Are Guidelines updated in Case 10-E-0155 Being Ignored??

PRESS RELEASE
Contact:

Mark Gilliland
GEF LORAX Working Group
c/o Greenburgh Nature Center
99 Dromore Rd Scarsdale, NY 10583
(914) 714-3056
lorax@markg.org

FOR IMMEDIATE RELEASE

NYS PUBLIC SERVICE COMMISSION’S NEW VEGETATION MANAGEMENT GUIDELINES PUT TO THE TEST

Are Guidelines updated in Case 10-E-0155 Being Ignored??

GREENBURGH, NEW YORK – The GEF LORAX Working Group applauds the New York Public Service Commission’s (PSC) re-examination of its 2005 policy and guidelines for vegetation management along high voltage transmission line Rights-of-Way (ROWs). This review, known as Case 10-E-0155, has resulted in updated guidelines, effective July 2011, for management plans of Con Edison, O&R and other transmission utilities statewide. More information about this can be found on the LORAX blog: http://loraxwg.blogspot.com/2011/05/published-order-for-case-10-e-0155.html.

An important element of the new guidelines is the use of what is termed a modified "tiered" vegetation management approach - which states that vegetation which could never grow into the wire protection zone should be left standing in the ROWs, rather than the utility simply undertaking unconstrained clear cutting, thus helping to maintain visual/noise buffers in many instances. The outcome of tiered management should be better vegetation management decisions based upon actual site conditions, not “one-size-fits-all.”

In addition, the new guidelines introduce the notion of “high density” ROWs such as those found throughout Westchester, Rockland and parts of Orange County. These suburban areas with dense populations of homeowners along the ROW will now be required to have special transmission vegetation management plans (TVMPs) defined specifically for them in order to reduce negative environmental and property value impacts.
However, it has come to LORAX’s attention that Con Edison is effectively ignoring these new guidelines. Numerous complaints from homeowners and property owners along the Catskill Aqueduct transmission corridor in Westchester County, previously impacted in 2009 by the clear cutting of all vegetation across the width of the ROW, have been received concerning Con Edison personnel stating that they intend to “complete the cycle” of vegetation management (without further landowner notification) as previously approved until completion of work sometime in 2012. The work outlined involves going back into the ROW and cutting down any re-sprouting trees, thence applying herbicides to the stumps and to other undesirable vegetation which may have emerged. The work will be done across the entire ROW (up to 130 feet on either side of the transmission line) regardless of terrain or vegetative buffer needs of residents. This work cycle will begin in Yonkers and travel up the ROW into northern Westchester. Work will commence in the Sprain Road area soon.

None of the new PSC guideline requirements are being addressed by Con Edison. A field supervisor stated during an on-site meeting with a resident that there was no need to define “high density” plans for this area. Furthermore, there was no intention of saving any re-spouting trees to help restore natural, native buffers to reduce noise and views of the nearby Sprain Parkway.

The GEF LORAX Working Group believes that it is imperative for the PCS to demonstrate a commitment to the new guidelines by having Department of Public Service (DPS) utility regulators work through the pertinent details of the new requirements with Con Edison, and thence ensure Con Edison implements said adjustments to it’s ongoing TVMP immediately, not sometime after 2012.

LORAX has just released an analysis of the 2011 PSC guidelines which outlines “missing” regulations, loopholes, and other areas of procedural concern which should be addressed immediately by the PSC or by the state legislature in order to ensure a better balance of environmental, health and property value concerns with that of provision of safe, reliable electric power. Several of these outlined issues are already being brought to the forefront by the current actions of Con Edison (described above). The LORAX analysis can be found at: http://loraxwg.blogspot.com/2011/06/gef-analysis-of-psc-case-10-e-0155.html.

If you are a resident, landowner or municipal official who is experiencing similar difficulties or have concerns with ongoing transmission line vegetation management, you can submit complaints to the PSC (via phone, fax, website, mail or email):http://www.dps.state.ny.us/complaints.html

Tuesday, June 14, 2011

CONTACT SHEET FOR OUR NEW ROUND OF LETTER WRITING

MAKE A COMPLAINT WITH THE PUBLIC SERVICE COMMISSION-GET A COMPLAINT NUMBER

NYS PSC Complaint/Order # 04-E-0822/10-E-0155:

http://www3.dps.state.ny.us/ocs/itgate.nsf/webDPS_Complaint?OpenForm&Seq=4


CONGRESSWOMAN NITA LOWEY

Washington, D.C. Office

2365 Rayburn HOB

Washington, D.C. 20515

202-225-6506

202-225-0546 (fax)

White Plains District Office

222 Mamaroneck Ave., #310

White Plains, NY 10605

914-428-1707

914-328-1505 (fax)

Rockland County

845-639-3485

http://lowey.house.gov/index.cfm?sectionid=56&sectiontree=56


SENATOR ANDREA STEWART-COUSINS

Albany Office

188 State Street Room 615, Legislative Office Building

Albany, NY 12247

United States

Phone: (518) 455-2585

Fax: (518) 426-6811

District Office

28 Wells Avenue Building 3

Yonkers, NY 10701

United States

Phone: (914) 423-4031

Fax: (914) 423-0979

http://www.nysenate.gov/senator/andrea-stewart-cousins/contact

Email address: scousins@senate.state.ny.us


ASSEMBYMAN ABINANTI

District Office

303 South Broadway

Suite 229

Tarrytown, NY 10591

914-631-1605

Fax: 914-631-1609

District Office Directions

Albany Office

LOB 631

Albany, NY 12248

518-455-5753

abinantit@assembly.state.ny.us

http://assembly.state.ny.us/mem/Thomas-J-Abinanti/contact/

CON ED IS RETURNING TO THE ROW TO "FINISH THE WORK FROM 2009."

Please take a moment to read the brief email tread between me, and Mike Amato-Con Ed.

Sent: Jun 8, 2011 10:53 AM
Subject: RE: sprouts on the ROW
Amy,
I'm glad to hear your positive observations regarding the low-growing shrub habitat and associated wildlife!  That is what we generally want on the corridor. While we do not intend to do any stump grinding, it is our plan to selectively re-cut and treat the taller tree stumps that were left, and any new sprouts growing from them in the next few days in your area.  We are only targeting the incompatible species which can grow tall enough to eventually impact safety & reliability.  Also, if these saplings are allowed to grow taller, they will start to shade out & out-compete the low-growing shrub habitat you observed.       If there is anything specific you want to look at out there, I would be more than happy to do so.  Let me know. 
-Mike  
-----Original Message-----   
Sent: Tuesday, June 07, 2011 8:24 AM 
To: Amato, Michael  
Subject: sprouts on the ROW
Mike, I was visiting with Tom and Kristina Bracken on Saturday, and Tom mentioned that a few weeks before the order was read, you told him that Con Ed was planning to return and grind the stumps of the new growth that is sprouting on the ROW.  The area I am referring to, begins just north of us, on Old Farm Lane, and continues south down Sprain Road to where it crosses over to Deer Hill Lane.  What is growing down there now are elderberry bushes, white japanese wild roses, other low growing vegetation, and intermittently, what looks like black, and honey locus, maybe some cherry. The trees begin at least 5 feet downslope of the aqueduct, and are 5-7 ft in height.  The most cost effective way to mitigate down there is to allow that buffer to reinstate itself.  Two springs have passed now, and there are good things happening down there. The habitat has returned in full force....the low growing shrubs are housing tons of wildlife. I was hoping that this area would be a buffer that could be retained, rather than removed.
The growth is well in the boarderzone, on the far side of the aqueduct, and is beyond and clearance mandate...even Gallent wet of 10.44 ft, referred to in draft 5 of FAC 003-2.  The trees that are coming up begin several feet down slope of the aqueduct roadway.  The wires are at least 50 ft off the ground....within "best Practices" policy..."The point is that wire-border zone technique is a useful tool where it meets management objectives. Whether or not it should be employed depends on the judgement of the qualified vegetation Managers."  The foliage is just about covering the view of the north lane of the Sprain, and by next year it may reach to the other side. We have some hope, Mike.  Although, this vegetation is “undesirable,” order 10-E-0155 gives you freedom to use your own judgement, to allow this vegetation to stay. Maybe we could walk the area together, to talk about it more specifically.  
Most Respectfully, 
Amy M Kupferberg

Mr Amato, and I walked the ROW on Thursday. He told me that Con Ed had already started, and was making their way throughout the ROW. The plan is to “selectively” remove every sapling that grew from every stump on the ROW. They are treating the stumps with herbicide. They are leaving the grass, and low growing shrubs.

*When I asked him about wz/bz clearances...he said Con Ed's TVMP was approved by the PSC, and the clearance in their plan state 130 ft, from the center of the tower, out in both directions.

*When I suggested that this area should be considered a buffer, on an open roadway-his reply was "this is a transmission corridor."

*When I asked about notification-he said, “this is cyclical maintenance,” we don't have to notify.

*When I asked why cut this all down now, when in a few weeks the Order will take effect, and maybe some of these trees can stay-he said, there is nothing in either order that says we have to stop the work we are doing.

*When I asked about the new densely populated plan, he said, I have to write a paragraph by July, 17th, or the 29th.

*When I suggested the new order would allow for "undesirables" in the ROW- He said, there was nothing in the order that says that. Con Ed's TVMP was approved by the PSC, and the plan states.....all undesirables species, in the priority zone, that in their lifetime will compromise the safe and reliable.....

*When I asked him, why they didn't do this when the work was done in 2009, or last spring, when it would be less disruptive-He said, they didn't want to treat the stumps, and spread the herbicide all over, while they were dragging the trees when removing them.

*When I pressed again about the clearances, he said that I wasn't understanding that those minimum clearances don't take into account a tree at it's full height at maturity. And sometimes you really have to be a lawyer, or an engineer to understand everything.

Federal mandate FAC 003 states that a Transmission Owner must create a TVMP, and they must implement the clearances according to the plan they create. The PSC approved Con Edison’s TVMP. They approved a plan that use clearances of 130 feet, from the center of the tower out, throughout the entire length of the ROW, with no provisions for highly populated suburban neighborhoods, where abutting property owners, would be adversely impacted. The most cost effective way to mitigate down there is to allow that buffer to reinstate itself. Two springs have passed now, and there is a good thing happening down there.