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Wednesday, October 2, 2013

I/M/O NEW JERSEY D.E.P. CONDITIONAL HIGHLANDS APPLICABILITY DETERMINATION,PROGRAM INTEREST NO. 435434 A-3236-10T1


I/M/O NEW JERSEY D.E.P. CONDITIONAL HIGHLANDS 
APPLICABILITY DETERMINATION,PROGRAM INTEREST NO. 435434 
A-3236-10T1 
This appeal arises from the second challenge to JCP&L's construction of a 230 kV/12.5 kV electrical substation in Tewksbury Township by the Friends of Fairmount Historic District (FFHD). In its last appeal, FFHD appealed from a final determination of the Board of Public Utilities that the substation was necessary to address repeated power outages in Tewksbury caused by an increased demand and we affirmed. In this case, FFHD appeals from a final agency decision of the Department of Environmental Protection (DEP), which determined that the construction of the substation was exempt from the Highlands Water Protection and Planning Act (the Highlands Act), N.J.S.A. 13:20-1 to -35, pursuant to N.J.S.A. 13:20-28(a)(11). That exemption applies to "the routine maintenance and operations, rehabilitation, preservation, reconstruction, repair, or upgrade of public utility lines . . . by a public utility . . . ." We affirm. 09-26-13