BEFORE THE
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Application of PPL Electric Utilities Corporation :
Filed Pursuant to 52 Pa. Code Chapter 57, : A-2009-2082652
Subchapter G, for Approval of the Siting and :
Construction of the Pennsylvania Portion of :
The Proposed Susquehanna-Roseland 500 kV :
Transmission Line in Portions of Lackawanna, :
Luzerne, Monroe, Pike and Wayne Counties, :
Pennsylvania :
Petition of PPL Electric Utilities Corporation :
For A Finding That A Building To Shelter : A-2009-2082832
Equipment At The 500-230 kV Substation To :
Be Constructed In The Borough of Blakely, :
Lackawanna County, Pennsylvania is :
Reasonably Necessary For the Convenience :
Or Welfare Of the Public :
Application of PPL Electric Utilities Corporation :
Under 15 Pa. C.S. §§1511(c) for a Finding and :
Determination That The Service To Be Furnished :
By The Applicant Through Its Proposed Exercise :
Of The Power Of Eminent Domain To Acquire :
A Right-Of-Way And Easement Over And Across :
The Lands Of Chaudari Family Limited Partner- : A-2009-2088297
Ship, David Murphy, and Marguerite T. Kranick :
In South Canaan Township, Wayne County For :
The Proposed Susquehanna-Roseland 500 kV :
Transmission Line in Portions of Lackawanna, :
Luzerne, Monroe, Pike and Wayne Counties, :
Pennsylvania Is Necessary or Proper For The :
Service, Accommodation, Convenience Or :
Safety Of The Public :
Application of PPL Electric Utilities Corporation :
Under 15 Pa. C.S. §§1511(c) for a Finding and :
Determination That The Service To Be Furnished :
By The Applicant Through Its Proposed Exercise :
Of The Power Of Eminent Domain To Acquire :
A Right-Of-Way And Easement Over And Across :
The Lands Of The Property Owners Listed Below :
For The Proposed Susquehanna-Roseland 500 kV :
Transmission Line in Portions of Lackawanna, :
Luzerne, Monroe, Pike and Wayne Counties, :
Pennsylvania Is Necessary or Proper For The :
Service, Accommodation, Convenience Or :
Safety Of The Public: :
HaRa Corporation : A-2009-2088337
:
Richard Coccodrilli, Jr., : A-2009-2088327
Jeffrey J. Coccodrilli, :
Ryan T. Coccodrilli, and :
Joseph Williams :
:
D&L Realty Company : A-2009-2088340
:
Rudolph Saporito and : A-2009-2088312
Maria Saporito :
:
David Murphy : A-2009-2088360
RECOMMENDED DECISION
Before
Susan D. Colwell
Administrative Law Judge
TABLE OF CONTENTS
I. HISTORY OF THE PROCEEDINGS 1
II. FINDINGS OF FACT 7
A. Introduction 7
B. Need 11
C. Siting 27
D. Eminent Domain 70
E. Eminent Domain Applications 72
III. DISCUSSION 77
A. LEGAL STANDARDS 79
1. Burden of Proof 79
2. Applicable statutes and regulations 81
3. Standards for Approval to Exercise the Power of Eminent Domain 87
4. Standards for Approval of the Siting of Substation Control Equipment Buildings 88
5. Types of Evidence 90
B. Need 92
1. Need for the Proposed Transmission Line 92
2. Need for the Proposed Lackawanna Substation 148
3. Public Input Hearings 151
C. Siting 162
1. Route Selection 163
2. Safety 192
3. EMF 199
4. Reroutes to Avoid Saw Creek Estates 218
5. Real Estate Values 242
6. Undergrounding. 246
7. Delaware River National Recreation Area 248
8. Viewshed 267
9. Tourism 270
10. Construction issues 272
11. Project Costs and Rate Recovery 273
12. Other Economic Impacts of the Proposed Line 278
D. Eminent Domain 279
E. Zoning Exemption 283
IV. SUMMARY AND RECOMMENDATION 286
V. CONCLUSIONS OF LAW 288
VI. ORDER 295
Appendix A Glossary of Acronyms
CONTENTS OF EVIDENTIARY RECORD
Transcripts
March 6, 2009 Prehearing Conference
pp. 1-64
March 20, 2009 Public Input Hearing
pp. 65-227
Witnesses:
Senator Lisa Baker
Jim Ashton
Louis Birenca
Hal Brister
Joseph Carnevale
Michael Collins
Thomas Dedea
Peter Derrenbacher
Annie Devito
Harry Forbes
Robert Harter
William A. Hopkins
Christopher Irwin-Dudek
Paul Irwin-Dudek
Martha Jimenez
Jordan Lewis
Robert Long
David Martin
Albert McQueen
Paul Menditto
Joseph Meehan
William Murray
William Nagy
Deborah Nordeen
Rocco Pannozzo
Laura Piraino
John Sivick
Thomas Soden, Jr.
Elizabeth Spinelli
David Stagg
Heather Turner
James Turner
March 20, 2009 Public Input Hearing
pp. 228-355
Witnesses:
Representative John J. Siptroth
Thomas Buneo
Ed Burmeister
Martha Carbone
Michael Carbonella
Sandra Cheatham
Thomas Corrente
Eda Dalfol
Patricia Foster
D. Scott Haan
Mary Ellen Higgins
Alberta Murphy
Rene Ouimet
Anthony Provenzano
Ruthann Rocchio
Cheryl Rodriguez
Sheryl Rosen
Paula Schwartzman
Annette Seeley
Ed Schmieheiser
Zondra Spence
Cindy Tagliaferri
May 5, 2009 Site View – Delaware Water Gap National Recreation Area
pp. 521- 437
Witnesses:
Brinnen Carter, Cultural Resource Manager
Patrick Lynch, Chief of Resource Management and Science
John Donahue, Superintendent of DEWA
Jeffrey Shriner, Biologist, DEWA
Allen Ambler, Biologist, DEWA
Arthur North, River District Ranger
May 6, 2009 Site View – Saw Creek Estates
pp. 438-520
Witnesses:
Peter Derrenbacher
Christopher Irwin-Dudak
Bob Harter
William Hopkins
Robert and Robyn Long
David Martin
Rocco Pannozzo
Al Spinelli
Site View Photographs
May 21, 2009 Public Input Hearing
pp. 521-648
Witnesses:
David Blauer
Bonnie Bohr
Jason Bonner
David Byman
Joseph Clifford
Philip Cozzi
Peter Cupple
Scott Hahn
Douglas Heller
Lee Jamison
Clayton LaCoe
Bernard McGurl
John and Janet Melnick
Frank Muraca
Joseph Simon
Ted Warren
Art Wilson
July 2, 2009 Public Input Hearing
pp. 650-770
Witnesses:
Dorothy Bosley
Kayleigh Cornell
Peter Derrenbacher
Frank Finan
James Fitzpatrick
Douglas Heller
Nancy Jackman
Lee Jameson
David Kveragas
John LoRusso
Kate McAndrew
Linda McAndrew
Martha McAndrew
Tim McCabe
Frank Muraca
Anthony Provenzano
Denise Prowell
Marie Schumacker
Albert Spinelli
Jay Sweeney
September 1, 2009 Evidentiary Hearing
pp. 771-1002
Witnesses:
Gregory J. Smith PPL Stmts. 1, 1-R, 1-RJ, Exh. GJS 1 & 2
Peter Sparhawk PPL Stmts. 3, 3-R, 3-RJ, Exh. PS-1-3
Kenneth Kuhns PPL Stmts. 2, 13 and Exh. KBK-1
September 2, 2009 Evidentiary Hearing
pp. 1003-1217
Witnesses:
Patrick J. McMackin PPL PPL Stmts. 6, Exh. PM-1-4
Jonathan E. Busby PPL PPL Stmts. 22-R, Exh. JEB-1
James Hogan PPL PPL Stmts. 19-R, Exh. JMH-1
Jay A. Keeler PPL PPL Stmts. 5, 5-R, Exh. JAK-1-5
David Carpenter SCECA SCECA Stmts. 2, 2-R, Exh. DOC1-3, Appendix DOC-1
David W. Fugate SCECA SCECA Stmts. 1, R-1, Attachment
DWF-1and 2, Appendix DWF-1
Mark Israel PPL PPL Stmts. 15-R
Nancy Lee PPL PPL Stmts. 16-R
Michael Silva PPL PPL Stmts. 14-R, Exh. JMS-1 and 2
September 4, 2009 Evidentiary Hearing
pp. 1218-1259
Witness:
Douglass A. Krall PPL PPL Stmt. 18-R
September 8, 2009 Evidentiary Hearing
pp. 1260-1495
Witness:
Steven R. Herling PPL
September 9, 2009 Evidentiary Hearing
pp. 1496-1746
Witnesses:
Steven R. Herling PPL PPL Stmts. 7, 7-R, 7-RJ
Jeffrey Tranen PPL PPL Stmts. 17-R
Paul F. McGlynn PPL PPL Stmts. 8, 8-R, Exh. PFM 1-3
John M. Reynolds PPL PPL Stmts. 9, Exh. JMR-1-4
Steven A. Olinick PPL PPL Stmts. 4, 12 and Sections 4 and 7 of PPL Electric Exh. 1
September 10, 2009 Evidentiary Hearing
pp. 1747-1984
Witnesses:
Stephen A. Olinick PPL
Robert M. Fagan OCA OCA Stmts. 2, 2-S, Exh. RMF-1
Peter J. Lanzalotta OCA OCA Stmts. 1, 1-S, Exh. PJL 1-4
Gary Yocca OTS OTS Stmts. 1, 1-SR, Exh. 1-SR
Mark F. Bates PPL PPL Stmts. 20-R, Exh. MFB-1-3
David R. Dominy PPL PPL Stmts. 21-R, Exh. DRD-1
Robert Farley PPL PPL Stmts. 10, 14, 17, 18, 20, 21, 1-RJ,
Exh. 3, 8-12, 18-22, 23-27, 33-37
And 37-38
Andy Haakenson SCECA SCECA Stmts. 3 and R-3
Joseph Kleha PPL PPL Stmts. 11 and 11-R
Cross Exhibits
Sponsoring Party Sponsoring Witness Exhibit Numbers Date Admitted
PPL Electric Carpenter Cross Exhibit 6 9/02/09
Fugate Cross Exhibit 7 9/02/09
Lanzalotta Cross Exhibit 8 9/10/09
Haakenson Cross Exhibit 9 9/10/09
Haakenson Cross Exhibit 10 9/10/09
OCA Smith Cross Exhibits 1-7 9/01/09
Herling Cross Exhibits 11-17 9/08/09
ECC Smith Cross Exhibits 1-12 9/01/09
Herling Cross Exhibits 13-21 9/08/09
Cross Exhibits 22-26 9/09/09
McGlynn Cross Exhibits 27-36 9/09/09
SCECA Smith Cross Exhibits 1-2 9/01/09
Sparhawk Cross Exhibits 3 0/01/09
I. HISTORY OF THE PROCEEDINGS
On January 6, 2009, PPL Electric Utilities Corporation (PPL Electric or Company) filed its Application for authorization to construct a new 500 kV transmission line approximately 101 miles in length through portions of Lackawanna, Luzerne, Monroe, Pike and Wayne Counties. In conjunction with this Application, PPL Electric Utilities Corporation is requesting authorization to construct a new substation in Blakely Borough, Lackawanna County, to connect the 500 kV line to the regional transmission system in that area. These filings were consolidated for the purposes of discovery, litigation and decision by Order issued January 12, 2009.
On January 28, 2009, PPL Electric filed thirteen applications for a determination that the proposed exercise of eminent domain over specific properties is necessary or proper for the service, accommodation, convenience or safety of the public. Commission regulations provide that associated eminent domain proceedings are entitled to consolidation with the application for high voltage (HV) line siting, and by Order issued February 6, 2009, they were consolidated. 52 Pa. Code § 57.75.
Notice of the applications was published in the Pa. Bulletin on January 17, 2009, 29 Pa.B. 3901. In accordance with Commission regulations, 52 Pa. Code § 57.75(a), notice of the prehearing conference was published by the Company in the Press Enterprise, the Carbondale News/The Villager, The Abington Journal, the News Eagle, The Wayne Independent, Suburban News, Country Impressions, Inc., Pike County Dispatch, The Times-Tribune, The Pocono Record, The Citizens Voice, The Times Leader, and Mountaintop Eagle, all beginning at least 45 days prior to the prehearing conference on March 6, 2009.
On January 26, 2009, PPL Electric served the parties and the presiding officer with its direct testimony, which consisted of statements from 13 witnesses: Gregory J. Smith (PPL Stmt. 1), Kenneth B. Kuhns (PPL Stmt. 2), Peter Sparhawk (PPL Stmt. 3), Steven Olinick (PPL Stmt. 4); Jay A. Keeler (PPL Stmt. 5, Exh. JAK-1 through JAK-5); Patrick J. McMackin (PPL Stmt. 6, Exh. PM-1 through PM-4), Steven R. Herling (PPL Stmt.7), Paul F. McGlynn (PPL Stmt. 8, Exh. PFM-1), John M. Reynolds (PPL Stmt. 9, Exh. JMR-1 through JMR-4), Robert J. Farley (PPL Stmt. 10) Joseph M. Kleha (PPL Stmt. 11, Appendix A), Steven Olinick (PPL Stmt. 12), and Kenneth B. Kuhns (PPL Stmt. 13). The Revised Direct Testimony of Peter Sparhawk (PPL Stmt. 3) was served February 2, 2009.
Pursuant to a request from the Office of Consumer Advocate (OCA) and a letter from Representative John J. Siptroth, 189th Legislative District, to the Commission’s Director of Legislative Affairs, as well as inquiries from Senator Lisa Baker, two public input hearings were scheduled for March 20, 2009, in the Saw Creek Estates. By Order issued February 25, 2009, the Company was directed to arrange for publication of advertisements in two newspapers of general circulation once per week for two consecutive weeks prior to the date of the public input hearing.
Notices of appearance were filed by the OCA and the Commission’s Office of Trial Staff. Petitions to intervene were filed by the Winona Lake Property Owners Association, UGI Utilities, Inc. (UGI), Pennsylvania American Water Company (PAWC), Exelon Generation (Exelon), the PP&L Industrial Customer Alliance (PPLICA), and attorney Donna Davis. These are granted without objection. Protests were filed by the Energy Conservation Council (ECC), the Saw Creek Estates Community Association (SCECA) and various individuals.
Prehearing memoranda were not required but were appreciated by the presiding officer after being filed by PPL Electric, OCA, OTS, UGI, Exelon, PPLICA, and the ECC.
On March 10, 2009, PPL Electric filed Supplemental Direct Testimony of Peter Sparhawk and Exhibit PS-1, which describes a minor rerouting of approximately three miles of the proposed transmission line in Archbald Borough and Jefferson Township, Lackawanna County.
The prehearing conference was held as scheduled on March 6, 2009. PPL Electric was represented by David B. MacGregor, Esq., Paul E. Russell, Esq., John H. Isom, Esq., Andrew S. Tubbs, Esq., and Christopher T. Wright, Esq.; OTS was represented by CharlesDaniel Shields, Esq.; OCA was represented by Dianne E. Dusman, Esq., and Darryl Lawrence, Esq.; ECC was represented by Edmund J. Berger, Esq., and Wil Burns, Esq.; SCECA was represented by Paul M. Schmidt, Esq.; PPLICA was represented by Shelby A. Linton-Keddie, Esq.; UGI was represented by Kent D. Murphy, Esq.; Exelon was represented by Denise Foster, Esq.; PAWC was represented by Susan Simms Marsh, Esq. No individual protestant attended the prehearing conference.
Following the prehearing conference, a scheduling order (Fourth Prehearing Order) was issued on March 10, 2009, as well as an Initial Decision dismissing those protests which did not contain a name, address and reason for the protest.
The Fifth Prehearing Order directed SCECA to provide a copy of its membership list to the presiding officer on or before March 11, 2009. The list was not made part of the record.
On March 10, 2009, PPL Electric filed Supplemental Direct Testimony of Peter Sparhawk and Exhibit PS-1, which describes a rerouting of approximately three miles of the proposed transmission line in Archbald Borough and Jefferson Township, Lackawanna County.
On March 12, 2009, PPL Electric filed a Petition for Leave to Withdraw the Application to Exercise the Power of Eminent Domain to Acquire an Easement and Right-of-Way Across the Property of Max Bohleman, A-2009-2088331. The Petition was not opposed and was granted by Order dated April 14, 2009 (Seventh Prehearing Order). That Order also granted the withdrawal of the Winona Lakes Property Owners Association.
In the Sixth Prehearing Order, issued March 16, 2009, PPL Electric was directed to file an Amendment to the Application which reflects the rerouting described in the Supplemental Direct Testimony filed on March 10, 2009. The Company complied with this Order by Amendment filed April 2, 2009. By the terms of this Order, only those directly affected by the reroute had permission to file a responsive pleading, and the amendment would not restart the governing twelve-month clock.
On March 19, 2009, the Applicant filed a Motion to Strike the Protest of the Energy Conservation Council. The ECC filed its Answer on April 8, 2009. This Motion was granted, and the ECC filed its Amended Protest on May 4, 2009.
Two public input hearings were held as scheduled on March 20, 2009, in the Saw Creek Estates area. Proof of publication was filed on June 29, 2009.
By Initial Decision dated April 16, 2009, the late-filed Petition to Intervene of Lehman Township was denied, and the late-filed Protest of the Lackawanna River Corridor Association and the Lackawanna Valley Conservancy was dismissed. At the public meeting held on May 28, 2009, by order entered June 12, 2009, the Commission reversed the dismissal of the protest filed by the Lackawanna River Corridor Association and the Lackawanna Valley Conservancy based on concern regarding adequate of notice of the proceeding. A review of the Company’s service list indicates that the Lackawanna River Corridor Association had received personal service of the Application itself.