BY JENNIFER DOME
Staff Writer
BRICK — An argument that began more than two years ago between the township and Jersey Central Power and Light (JCP&L) continues today.
Township Attorney Charles Starkey said recently that the two parties are still working toward an agreement to end the lawsuit that JCP&L brought against the township alleging that an ordinance passed in 2003 overstepped the municipality’s authority.
In August 2003, the Township Council passed an ordinance that installed a zero-tolerance policy for any detectable stray voltage in the ground. The ordinance called for a $1,000 per day fine on JCP&L for any measured reading above zero volts.
The ordinance was proposed by former Councilman Leon Mowadia who visited the Driscol Drive home of Gary Smith, a resident who has experienced ongoing stray voltage problems.
Stray voltage, or neutral-to-earth voltage, is an extraneous electrical current that appears on grounded surfaces (such as wires, pipes and soil), in buildings and other structures, according to the state Board of Public Utilities (BPU) Web site. Stray voltage jumps from power cables and travels through the ground or buildings to conductors. Those who come in contact with it can feel an electric shock if the voltage level is high enough.
In most instances, the levels are not detectable or considered harmful to humans.
In September 2003 JCP&L spokesman Ron Morano said the utility’s attorneys would try to block the ordinance before it’s ever enforced on the grounds that Brick can’t legally fine JCP&L. Utility companies are regulated by state and federal authorities, not municipalities, Morano said.
According to Starkey, the two parties argued motions on the case before state Superior Court Judge Eugene Serpentelli in December 2003, but the judge did not make a decision on the case. A series of meetings have been held to discuss a settlement, but he is not able to discuss the specifics of the possible settlement because discussions are still taking place.
Starkey confirmed that the township has not used the ordinance to fine JCP&L because the company got an injunction before it could do so.
Last month, Morano said he also cannot comment further on the lawsuit.
“We’ve done everything the board has asked,” Morano said, referring to the Board of Public Utilities (BPU). “We’ve met every board requirement regarding stray voltage.”
In the summer of 2002, several residents in the area of a power substation near Driscol and Frede drives, including Smith, complained of shocks they felt from contact with their hot tubs, shower faucets, lawn furniture and other conducive materials, according to a report on the BPU’s Web site. Although JCP&L effectively reduced the voltage levels, the problem was not eliminated.
On Sept. 26, 2002, the BPU requested the assistance of the National Regulatory Research Institute, which in turn hired VitaTech Engineering LLC as an outside consultant. The BPU directed JCP&L to implement VitaTech’s recommendations, but once again, complaints persisted.
At least one resident of the substation area, Gary Smith, has filed a civil suit against JCP&L. Smith said that he can’t comment because of his own pending litigation with JCP&L. However, he did say that if the council rescinds the ordinance as a part of their settlement agreement with JCP&L, he’d be upset.
In a letter sent to Mayor Joseph Scarpelli in January, Smith said that readings taken at his home by JCP&L technical personnel on Jan. 5 read 3.5 volts.
In the letter he said, “If you were under the impression this problem was resolved, you are sadly mistaken.”