Story and photos by Jay Cook
HAZLET – A local grassroots organization has hired its own attorney in an effort to halt a powerline project it deems detrimental to Monmouth County.
Residents Against Giant Electric, other wise known as RAGE to its thousands of supporters, has selected Peter Dickson, of Potter & Dickson, a Princeton, NJ-based law firm, following a month-long vetting process.
RAGE members are vigorously opposing a proposal by Jersey Central Power and Light Company (JCP&L) titled the Monmouth County Reliability Project (MCRP), that calls for the construction of a 230-kV transmission line to be built from Aberdeen to Red Bank along a 10-mile stretch of the NJ Transit North Jersey Coast Line commuter rail line right-of-way.
The proposed project, which currently has a price-tag of $111 million, would also cut through Hazlet, Holmdel, and Middletown.
On Nov. 2, over 300 supporters packed the auditorium at Raritan High School in Hazlet for an information session to hear the latest on fundraising efforts, current status and legal footing going forward.
“Our momentum is tremendous,” said RAGE president Rachael Kanapka. “We are powerful, and we are in a good place for what comes next.”
Present at the meeting was Aberdeen Mayor Fred Tagliarini, Holmdel Mayor Eric Hinds, Hazlet Mayor Scott Aagre, Hazlet Deputy Mayor Sue Kiley, Middletown Committeeman Kevin Settembrino and Assemblywoman Amy Handlin.
JCP&L’s petition to construct the powerlines on the NJ Transit right-of-way was filed with the New Jersey Board of Public Utilities on Aug. 9. From there it was forwarded to the Office of Administrative Law, where the main fight to stop the project will be forged.
“We needed to prepare for a legal fight,” said Kanapka. “As soon as the BPU got JCP&L’s petition, and kicked it over to the Office of Administrative Law, we knew that a legal fight was coming.”
With that battle pending, the group went out to find their own legal representation for hearings on the petition at the Office of Administrative Law, which are set to begin in April 2017.
“I don’t know if the BPU could send a better message to JCP&L – along the lines of ‘Cut it out, grow up and get out of the sandbox and to come out here and operate a utility the way you should’ – than to terminate this project,” Dickson said in an address to his new clients.
Attorney Peter Dickson will represent RAGE, a group of Monmouth residents who oppose JCP&L’s powerline proposal.
In the 26 years that Dickson has been with his current firm, he has fought and won numerous cases in a plethora of different fields, consisting of energy law and regulation, property tax revaluations and rail transportation regulations.
Taking the fight against the MCRP to court has become a hot topic of late. A “Municipal Consortium,” which is a joint defensive effort against the project, is comprised of a partnership from the five affected municipalities.
Dickson announced to the crowd that only three of the five towns in the area – Middletown, Hazlet and Holmdel – had signed on to provide funds in opposition to the project.
Red Bank Mayor Pasquale Menna and Aberdeen Mayor Fred Tagliarini say their towns have pledged support.
Menna said, “When the attorney says that only three towns have joined in, that is incorrect.”
The governing bodies of Red Bank and Aberdeen passed resolutions last month affirming the towns desire to join a “Shared Services Defense Agreement” against the MCRP. Their financial support is limited to no more than $10,000. The other three towns’ resolutions do not specify a cap on funding they may provide.
“Aberdeen and Red Bank are on the peripheral,” Menna said. “We’ve agreed to the support, but obviously it can’t be open-ended support.”
Dickson said during the meeting that he hoped his team can work together with the legal team of Bevan, Mosca & Guiditta, P.C. of Basking Ridge – which the municipalities have retained to represent them.
“There should not be any overlap, there shouldn’t be any wasted motion,” he said.
While RAGE has a long way to go in raising enough funds to support this fight – they estimate roughly $350,000 will be needed – they are already on the road to that figure. In the five months that RAGE has been active, they have raised $50,000.
“It hasn’t been easy – it’s frustrating to have to spend time fighting for what seems to be common sense,” Kanapka said.
“JCP&L’s project has taken over our lives for five months now.”
Going forward, RAGE plans to stay on course and continue to inform their supporters of the next steps.
One worry amongst RAGE leadership was that local elections would change the makeup of township committees whom have been on the groups side.
“Elections may change the composition of the town, and the governing bodies may change,” said RAGE vice president Terri Vilardi. “New governing bodies may decide to not expend funds to follow through with the vigorous legal fight against JCP&L.”
Of the four municipalities whom had committee members up for reelection – Hazlet, Holmdel, Middletown and Red Bank – only two had changes.
Mayor Aagre of Hazlet was reelected, but with him now comes in Michael Glackin, the Republican that ran with Aagre.
In Red Bank, Independent Cindy Burnham was not reelected, though incumbent Kathy Horgan was voted back into office along with her running mate Eric Yngstrom gaining a seat on the council.
RAGE leadership already have their next meeting circled on calendars. Beginning at 7:30 p.m. on Nov. 17, at Vonage headquarters in Holmdel, the RAGE’ers are hosting a community meeting for residents within 500 feet of the proposed line. Members from the New Jersey Chapter of the Sierra Club will also speak to attendees about possible harmful risks that the MCRP would have on the environment. Seating to the event is lim
ited, and an online RSVP must be filled out to attend. Information is at RAGE2016.com.
