Thursday, July 14, 2011

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


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



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:

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:

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):

For more information and background documentation, visit


1 comment:

Heartbroken in Hartsdale said...

A excerpt from an email to The PSC:
Nearing the deadline for the revised TVMP, I am thinking that this is where the real difference can happen. Con Ed states that their TVMP was approved by the PSC, and we know how that worked out. Now they have an opportunity to make it right, however, based on what their plan for the buffer behind our home, not much has changed. Orville said they would take half now, and the rest in 2012. They plan to leave all low growing brush, 4ft Japanese rose bushes will do nothing to muffle the sounds of the Parkway, or block the sight of the 12 transmission towers. You have been to my home, and you know how bad it is. All along that stretch of ROW, homeowners are having to live with the same impacts. I still maintain that there is no need to remove any of those trees from the west side of the aqueduct. They are way outside of the clearance zones, moreover, to take clearances of 130ft from the center of the tower, is abusive. The west side is on a downward slope, and only in a movie, could those trees ever make contact with the wires.
If they remove the saplings that are now growing, then they must replant that area with vegetation that will ameliorate the damage already done. It would have to be 4-5 rows of evergreens, at least 12 ft in height to start. Even if they take half this year, and leave the rest, replanting is needed. You cannot take 50 feet of wooded area, and replace it with 15 ft, and think that will do the same job. We deserve to live peacefully in our homes, don't we?
Leaving what is naturally growing is the most cost effective way to mediate that area. The entire buffer should be reinstated, and not just a patch directly behind Kristina, and I. We need a surround buffer to lessen the highway noise, and the other residence that live along the ROW should have the same protection.
Please, I am asking that you not accept any plan from Con Ed, that does not reinstate the buffers that were removed. The buffers existed for a reason, and we are living with the consequences.
Amy Kupferberg