12 12 24 PSEG West Orange BOA ZB 24 06 PSEG 35 Mt Pleasant Ave Condensed

65b96228-b9ab-4f72-9291-fa4a14ff04c8 13 (Pages 49 to 52) Page 49 1 to the new tree ordinance by virtue of the Time of 2 Application Rule? 3 A. It's actually -- it's one of the few 4 exemptions in the ordinance that -- that exempts 5 utilities. 6 I would -- I would presume that you 7 fall under that. It's my understanding that you've 8 voluntarily -- Public Service has voluntary -- 9 voluntarily subjected itself to the ordinance. 10 Q. Right. 11 So you're actually getting into my next 12 question. There are actually two important 13 provisions within the tree ordinance, one is the one 14 that you just alluded to that I'll get into in a 15 minute, but the other one is a legal measure which 16 protects applicants who are applying who are deemed 17 complete from changes in zoning. 18 And that was specifically recognized in 19 the context of this application; however, PSE&G 20 voluntarily agreed to comply with the new tree 21 ordinance in an effort to further preserve trees. 22 So you do not have any knowledge of 23 that particular applicability of the Time of 24 Application Rule? 25 A. I was -- I was aware that -- that PSE&G Page 51 1 mandated, you have clearance standards that are 2 mandated. 3 And, you know, it's really not up to a 4 municipality to tell the utility how to run their 5 business when they're directed by the New Jersey 6 Board of Public Utilities to begin with. 7 So all we can do is suggest. Over the 8 years, as the Board of Public Utilities has changed 9 their pruning standards, we went from having large 10 trees under wires that were -- that were 11 directionally pruned around wires to the fact that, 12 you know, we have to plant compact trees under wires 13 now at -- because the standards are just so strict 14 that it's impossible to have matching tree species 15 going down a street where there's overhead wires. 16 So we've had -- you know, 17 municipalities have had to change their methods of 18 providing street trees, you know, all because of the 19 different standards over the years. 20 So in terms of a large transmission 21 station such as this, where security is a problem and 22 everything else, there's so many factors that are 23 involved. 24 But all I can say is there's some very 25 nice trees on this site which I would hope that you Page 50 1 has voluntarily subjected themselves to the scrutiny 2 of the ordinance. 3 Q. Okay. 4 A. And

24 But all I can say is there's some very 25 nice trees on this site which I would hope that you Page 50 1 has voluntarily subjected themselves to the scrutiny 2 of the ordinance. 3 Q. Okay. 4 A. And that's why you're here before the 5 board. 6 Q. Right. 7 And then I guess that second provision 8 that you alluded to, which is actually what I was 9 going to next, is that there are certain exemptions 10 under the tree ordinance, and, importantly, one of 11 them being for utility companies specifically in 12 terms of their replanting, tree preservation, tree 13 removal requirements? 14 A. I'm aware that there is that -- that 15 exemption. 16 Q. And why would you think that that 17 exemption would exist for utility companies versus 18 other developers or other individuals within the 19 Township? 20 A. Well, in terms of Public Service and 21 their ability to provide electric services to our -- 22 our property owners and residents, your -- your -- 23 your methods are subject to the scrutiny of the New 24 Jersey Board of Public Utilities. 25 So you have pruning standards that are Page 52 1 could alter your plans to preserve as many as 2 possible. 3 Because right now, the way it looks to 4 me, in my -- my view of the site, it looks like you 5 targeted the largest, oldest trees on the site to be 6 removed. 7 And so it -- you know, it just -- it's 8 a disconnect for me. But I don't have all of the 9 information that you do. 10 Q. Thank you. 11 And are you aware of, in connection 12 with this application, the need for the new equipment 13 to locate -- to be located on the site in close 14 proximity to the existing equipment? 15 A. I'm not aware of that, you know, the 16 methods that are -- that are necessary. 17 My understanding of electric 18 transmission is pretty much confined to plugging into 19 an outlet. 20 So I don't begin to, you know, 21 understand or even -- my ability to comment on what 22 your equipment needs are on the site and where they 23 should be placed. 24 It's not a large site. You probably 25 don't have a lot of opportunities. But if you do