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Gov. Christie's Bill Would Levy Hefty Fines Against Unprepared Utility Companies

Under governor's proposed legislation, utilities could face up to $25,000 per day in penalties for failing to adhere to their own service and communications plans.

Gov. Chris Christie wants utility companies held accountable for their emergency preparedness. Following the findings of a Board of Public Utilities (BPU) investigation released Wednesday, Christie proposed legislation empowering regulators to levy hefty fines against utilities. 

The legislation raises potential administrative penalties against companies from $100 to $25,000 per daily assessment. Utility companies would be barred from passing along to ratepayers, Christie said. The bill prioritizes preparedness, according to Christie, requiring utility companies to provide detailed service delivery and communications plans to the BPU. Companies that fill to adequately follow their own plans will face the  $25,000 per day civil penalty for a maximum of $2 million in fines.

“Hurricane Irene and then the October snowstorm posed some serious, unprecedented challenges for our utility providers,” Christie said “While those storms brought out the real professionalism of so many of the employees of the public utilities, they also exposed the vulnerabilities of our utility infrastructure and avoidable mistakes, including the ability to communicate accurate, dependable and timely information to customers and local authorities.”

The proposed legislations stems from BPU’s recommendations following its performance review of utilities during Hurricane Irene and the October storm. The review provided specific action items for utility companies to increase preparedness, response and recovery during future storms.

Christie said the legislation provides a protection for rate payes by allowing accountability and oversight from the BPU, providing higher standards for preparedness and reliability before large events such as a hurricane and pushing financial penalties with "real teeth."

After Hurricane Irene in 2011, Christie singled out power company JCP&L for what he called a failure to communicate effectively to the public, and provide adequate infrastructure.

On Wednesday, Christie said this legislation does not target one company, and could not comment further about JCP&L

JCP&L released a statement in the wake of the legislative announcement, saying it is currently reviewing BPU recommendations.

"As has been well documented, JCP&L has made many improvements in how we respond to major storms following Hurricane Irene and the October snowstorm."

The power company said it has added line crews and operations managers as well as invtested $200 million to improve infrastructure in tis coverage area.

"We have taken a close look at the events and missteps of last year, we are learning some lessons from it and taking action to fix the problem," Christie said. "We are also sending the message that these types of mistakes won't be tolerated."

While Christie said he found utility companies have responded better to severe weather events in 2012, he noted the companies have not faced a widespread event that matched the impact of Hurricane Irene and the sudden October snowfall.

"You really are challenged by the big events," Christie said.

gjc September 5, 2012 at 09:15 pm
Does anyone really believe that the utilities won't find some way to pass this onto customers?
AllisonHaykirk September 5, 2012 at 09:19 pm
Every republican conservative topic in this website has a negative spin versus the glowing positive titles of liberal democrat story. STOP THE MEDIA BIAS!
gjc September 5, 2012 at 09:54 pm
What does your comment have to do with the story at hand?
Matt Colin September 5, 2012 at 11:50 pm
Seems like Allison has made a point of calling out the liberal bias in this web site. What does your comment have to do with?
Christie DaLiar September 6, 2012 at 02:21 am
He should pass a law that fines politicians that fail to adhere to their campaign promises. He'd have to reach for his checkbook.
Sal September 6, 2012 at 08:48 am
WE should pass a law that fines Politicians who do not Balance the Budget without gimmicks like putting the State deeper and deeper into debt behind our backs and Stealing the State workers pension fund money behind the workers backs so the politicians to fill their gluttonous need to spend and spend to fill their appetite.
Sal September 6, 2012 at 09:01 am
When any State or County owned bridge has to be replaced it takes the Government entity up to 3 years to complete the bridge replacement the task. Yet, when a storm knocks down thousands of trees and hundreds of utility poles, which in turn takes down hundreds of miles of power transmission lines and hundreds of power transformers___the Governor expects the Privately Owned Utility Company to provide overnight repairs___while the State takes years and years to replace just one simple little bridge and inconveniences us for many years in the process with detours and traffic delays. It is certainly not JCPL fault that it is private property owners trees and state owned trees that are knocking down and destroying JCPL's infrastructure. Want to blame someone? ___Put the blame the where it belongs___on the tree owners.
gjc September 6, 2012 at 09:36 am
I would think that we all have opinions on every subject under the sun. That said, when blogging, it's important to stick to the subject at hand. Otherwise, you will have folks ranting and raving about everything. That's not the purpose of Patch or any other similar web site requesting opinions on a particular subject. If a teacher had asked for an essay on let's say the American Revolution and you talked about about climate change in the year 2012, you would get a big, fat F for not writing on the assigned topic and not following directions.. That's why my comment calling out Allison and now you for straying from the subject is relavent to this column.
Mac September 6, 2012 at 12:03 pm
Every $25,000 fine will cost the taxpayers tens of thousands of dollars in legal fees to try to collect. Which political appointee in the public sector has the ability to convince a judge beyond a reasonable doubt that a utility company didn't do everything reasonably possible fast enough to restore service under extreme conditions in haphazard and dangerous situations? This is nothing other than more smoke and mirrors, this time in regard to the Governor’s damaged ego from foot in mouth disease on the national stage. The state may be able to keep a utility company from passing each $25,000 fine onto the customer, but the state can’t stop the utility company from making its customers pay for its legal fees to fight such applied fines, and the taxpayers from paying for the government’s legal fees for this nonsense political grandstanding. It will end up being cheaper for the taxpayers, especially those that are customers of the utility company, to pay each $25,000 fine themselves. Governor, why don’t you just give the utility companies free EZ Pass transponders so the repairmen don’t lose all that valuable time stopping at each toll booth to pay their fair share as they attempt to get to the troubled areas? Besides, wouldn’t it be better if the state tried to assist these companies in restoring service rather than putting up more roadblocks with very questionable regulations to demonstrate your trademark aping of Bad Bad Leroy Brown?
Scott S September 6, 2012 at 01:26 pm
In the end, we will pay dearly. the people always pay!
Sal September 6, 2012 at 02:23 pm
If Gov. Christie actually cared about the residents on NJ and the power outages___he would be pushing a Bill through the Legislature that would give "We the People 20% off out next electric bill when any power outage lasts more than 72 hours___Instead all he wants to do is find a way to bring in more revenue to the State at the expense of the JCPL rate payers..
Sal September 6, 2012 at 02:28 pm
Honestly__when you think about it____It is very sad and pitiful that a man who has made his way all the way up to the Governors Office is not smart enough to realize that every single dollar JCPL has or every will have comes from 'the ratepayers'.
What does Christie actually think? Does he think that if the state fines JCPL it is going to have it's CEO and executives sell custard and hot dogs in Sea Side Heights to raise money to pay the fine?
JosephGhabourLaw September 6, 2012 at 02:47 pm
The main issue with this bill, is to use US Weather Service classifications of storms, and then for each type of storm have a fixed time to restore service. This would help the bill should it be appealed, as the question of how arbitrary the fines are would have been addressed.
Generally utilities are shielded from liability. However, NJ 48:2-23. states that the BPU "after public hearing, upon notice, by order in writing, require any public utility to furnish safe, adequate and proper service." While utilities are shielded from liability to provide continuous service, creating guidelines that allow them to be liable under specific circumstances, could be another tool to help consumers.
marylou September 6, 2012 at 03:14 pm
Our area was without power for 4 days.It was not caused by downed trees or utility poll.JCP&L says that the sub station was flooded.I live a few blocks away from that sub station and didn't see any flooding.
What about the bridge that collapsed and broke the water pipes.If you live in Middletown,you had to boil your water for a week.NJ American Water Co. knew that that bridge was in need of repaid shorty after Irene,and didn't make the repairs. Most of us pay our bills,and the money is not going to repaid the infastructure.
Martin ODonnell September 6, 2012 at 03:15 pm
My company does command and control centers for utilities and we can substantially help this issue. Anyone reading this from JCP&L or any other utility, please contact me.
martin.odonnell@activu.com
So Much to Say September 6, 2012 at 03:22 pm
Ridiculious....It was a storm....During a Cat 5 hurricane when I was living down south I had no electric for 5 weeks and I made due.
Food For Thought:::Punishing the utility companies will only result in higher rates for all of us.
NJarhead September 6, 2012 at 06:58 pm
Not nearly as much as Corzine....or Obama for that matter.
Jenny Sigion September 6, 2012 at 10:45 pm
If you want to live like a bumpkin then move back south. We demand better continuity planning and minimal failures from our providers.
Fred Grygiel September 7, 2012 at 12:19 pm
Excellent point Joseph! The BPU is the primary responsible regulatory agency to oversee the adequacy of service. The Governor should be meeting with the BPU to determine if they have the resources to rigorously enforce the current statutes. No new laws are needed. In the case of JCP&L, their parent holding company FirstEnergy makes resource allocation decisions that impact service reliability. The BPU has existing authority to compel them to provide evidence regarding the adequacy of their resource commitments to JCP&L. More laws are not the answer. Enforce the ones on the books.
So Much to Say September 7, 2012 at 04:31 pm
@Jenny Sigion
Get with the picture...If the utilities get hefty fines, how do you think these files will be paid....BY US!..What's so difficult to understand. Bumpkin....LOL...cute but a stupid remark.

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