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Testimony Of
State Senator Liz Krueger Regarding The
Proposed Condemnation Of Properties On West 30th
And 31st Streets For The
Purpose Of Constructing A Substation October 7, 2002
Good evening. I am State Senator Liz Krueger.
Thank you for the opportunity to testify today on Consolidated Edison (Con
Ed)’s proposed condemnation of properties on 15 West 30th Street,
25 West 30th Street, 24 West 31st Street, and 26 West
31st Street. These properties are within the newly drawn
boundaries of the 26th Senatorial District, which I represent in
Albany. I have a number of concerns regarding the selection of this site and
the condemnation process that Con Edison is using to acquire this site. The Herald Square South and Chelsea neighborhoods
have been the scene of a recent upsurge in residential and commercial
development. This development has brought with it an increased demand upon
Manhattan’s already strained electrical distribution network. The only real
solution to our State’s energy demands is the development of new conservation
technologies and renewable energy sources. But for the present, we must deal
with the need for a new substation to distribute power to mid-Manhattan
neighborhoods. Sensible public policy demands a more long-term
response than simply saying "not in my backyard." But Con Ed is
using its eminent domain authority to condemn property, and therefore it has
its pick of practically any location that can serve the anticipated demand.
It is hard to believe that the intersection of 30th Street and
Broadway, with its dense commercial, residential and tourist population, is
the best possible place to site this substation. Because of my concerns about
the location of the substation, its potential health effects, and the lack of
public input into this siting process, I oppose the condemnation of these
properties. Many members of the community have suggested that
Con Ed use property it owns on West 28th Street and Eleventh
Avenue for this substation. The property is just as near Chelsea, the source
of much of the demand that must be met, and it is in a much less populated
neighborhood. Con Ed has responded that it would be too expensive or
difficult to site the substation in this location. There may be additional expense or difficulty
involved in siting the substation at a less congested location. But these
additional costs must be balanced against the needs and concerns of the
community. Although it is a regulated public utility, Con Ed is a private
entity making decisions based on in its own interests. It is unjust for Con
Ed to be the sole arbiter of the costs and benefits involved in this
decision, especially when it is exercising such a broad public power as
eminent domain. The public has the right to demand that a public
entity, accountable to the community, be charged with making decisions on
public siting and condemnation. As an advocate for this community, I oppose
this condemnation, which could have an unnecessary ruinous effect on this
area’s development and growth. And as a legislator, I will explore ways of
bringing a more public process to condemnations by public utilities. Wherever the substation is sited, Con Ed must do
as much as possible to resolve the safety and health concerns of the
substation’s neighbors. Although the scientific evidence about the effects of
electromagnetic fields (EMFs) is unclear, there is cause for concern about
the substation’s impact on the health of the surrounding community. Con Ed
must develop a plan to keep the EMF exposure in surrounding buildings to an
absolute minimum, and to continually monitor for unanticipated increases in
EMFs. If EMF exposure exceeds a certain reasonable amount, Con Ed must shield
the substation or take whatever measures are necessary to lessen the
exposure. I expect Con Ed to work with me and other elected officials and
community groups to develop a sensible plan. In summary, I believe Con Edison needs to make a
better case as to why this location is the most appropriate location for a
substation, and must work with the community to ensure that health concerns
about the substation are adequately addressed. I believe that we in the State
Legislature should also explore the legitimacy of the condemnation process
being used by Con Edison, and develop proposals for opening up that process
to more meaningful public participation. Thank you for the opportunity to
testify. |
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