Reject Offshore Wind Transmission Line, Ocean City Asks BPU

OCEAN CITY, NJ — The fight against offshore wind in Ocean City and Cape May County as a whole continued with another Zoom hearing.

The hearing was between the Board of Public Utilities (BPU), Ocean City, Cape May County, Ocean Wind, LLC and nine other Cape May County municipalities.

Attorneys for the county and municipalities argued that they had felt "shut out" of the process by the BPU, as they disagreed with a proposed transmission line connecting the offshore wind turbines to land.

This line would make landfall onshore at 35th Street, heading west to Bay Avenue and then north to Roosevelt Boulevard, crossing Peck's Bay at the bridge and continuing onto Route 9 to the proposed substation near BL England.

Officials argued that this would be harmful to the environmentally sensitive lands and asked for an alternative, called the Great Egg Harbor route, to be instead considered.

Ocean City, represented by Solicitor Dorothy McCrosson, again argued that the case should be transferred to the Office of Administrative Law.

She said that Ocean City was denied power to decide whether Ocean Wind, a private entity, could take municipal or public property there.

"Ocean Wind is simply pursuing the easiest or least expensive route to its own benefit and to the detriment of the city, the county and the public," McCrosson said.

Paul Baldini, representing Sea Isle City, Dennis Township, Lower Township, Avalon, Middle Township, Wildwood Crest, Stone Harbor, Wildwood and North Wildwood, "the overwhelming majority of residents who reside in Cape May County and will be affected by the decisions of the Board," said that the BPU does not have authority to move forward with the project.

Representing Cape May County, attorney Michael Donohue said that the county "has to object to the process."

"The county feels strongly that the voters should not be disenfranchised by a process such as this," Donohue said, saying that though this is a brand new process, it is similar to eminent domain.

Brian Lipman from Rate Counsel, which advocates for customers when it comes to utilities, said that there were problems. He mentioned that the BPU had already approved the order for the transmission lines, and it had happened the night before a meeting was set with county and city officials. Read More: Impact Needs Study For Offshore Wind Project, Ocean City Says

This essentially deprived the parties of the ability to be heard, Lipman said. He also said that "the record is fundamentally flawed," as there was no discovery or opportunity for parties to cross examine witnesses."

"The simple face is that Rate Counsel does not have sufficient information to base a reasoned decision," Lipman said. "It is unclear to Rate Counsel how the Board does, either."

Greg Eisenstark, the attorney representing Ocean Wind, LLC, said that the company wanted to come to an agreement with Cape May County but did not progress. He said that things needed to get started as they have deadlines.

"We had no choice but to file the petition," Eisenstark said.

He again argued that the preferred route was "reasonably necessary," and that the easements were needed.

The route, Eisenstark said, "was determined to have the least cumulative impacts of any of the potential routes," which is why Ocean Wind is moving forward with it.

No formal action was taken at the hearing. Another hearing is set for Nov. 14, also on Zoom, and the public is invited to participate. Read More: Offshore Wind Public Hearing Rescheduled In Ocean City