IN THE MATTER OF CENTEX HOMES, LLC PETITION FOR
EXTENSION OF SERVICE AND/OR FOR EXEMPTION FROM MAIN
EXTENSION RULES N.J.A.C. 14:3-8.1 ET. SEQ. PURSUANT TO
N.J.S.A. 48:2-27 AND N.J.A.C. 14:3-8.8(a)(4) OR
(a)(6). A-2207-07T3 12-30-09
Where the intent to incorporate smart growth land use
planning principles is not contained within the enabling of the
Board of Public Utilities (BPU), and where the BPU is not
specifically called upon by the State Planning Act, N.J.S.A.
52:18A-196 to -207, to incorporate the smart growth planning
principles contained therein, the BPU exceeded its authority
under N.J.S.A. 48:2-27 by promulgating a regulation that
prohibited public utilities from subsidizing new service
extensions in areas not designated for growth under the State
Planning Act.
