OF'CHE Sl',~ TF ~'i:V y~.O,r, ~ 3 y t ~ i ~~:, Y State of New Jersey OFFICE OF THE ATTORNEY GENERAL PHILIP D. MURPHY Governor DEPARTMENT OF LAW AND PUBLIC SAFETY GURBIR S. GREWAL Attorney General DIVISION OF LAW SHEILA Y. OLIVER Z` 5 MARKET STREET Lt. Governor PO Box 093 TRENTON, NJ 08625-0093 MICHELLE L. MILLER Director February 27, 2019 VIA HAND DELIVERY John R. Zera, Calendaring Unit Superior Court, Appellate Division R.J. Hughes Justice Complex P.O. Box 006 Trenton, New Jersey 08625-0006 Re: I/M/O New Jersey Pinelands Commission Resolution PC4-16-42 and I/M/O New Jersey Pinelands Commission Resolution PC4-17-03 Docket Nos. A-002015-16, A-003055-16, A-003310-16 Dear Mr. Zera: Please accept this letter on behalf of Respondent New Jersey Pinelands Commission (Commission) requesting an adjournment of the Apri1 9, 2019 oral argument in the above-referenced appeals. Today, Intervenor RC Cape May Holdings LLCs (RC Cape May) stated, for the first time, that the B.L. England electric generating plant (BLE) will not repower and will not be using the South Jersey Gas (SJG) pipeline. That filing offers new, important information requiring further consideration by the relevant state entities. First, the fact that BLE will not use the pipeline undermines the basis for the substantive approval at issue in this appeal. The Pinelands Comprehensive Management standard requires that the pipeline "primarily serve only the needs of the Pinelands." N.J.A.C. 7:50-5.23(b)(12) The Commission's Executive Director's Report, adopted by the Commission in its approval, found that "because the proposed pipeline serves the BLE plant, an existing Pinelands business, more than 95% of the time, it primarily serves only the needs of the Pinelands." (Appellants' Combined Appendix at 841a) . ~ TELEPxoNE:(609) 984-5065 • F~c:(609) 341-5030 Employer • Printed on Recycled Paper and Recyclable Opportunity New Jersey Is An Equal HUGHES cTUSTICE COMPLEX February 27, 2019 Page 2 Second, the new information directly implicates a condition that the Commission placed on its approval. Specifically, Condition 10 of the Executive Director's Report requires a new application to the Commission if there is a "redirection of any portion of the proposed 125,000 MCF gas flow from the BL England plant." (Appellants' Combined Appendix at 860a). The changed circumstances identified in RC Cape May's filing thus necessitate further review. For these reasons, the Commission respectfully seeks an adjournment of the April 9, 2019 oral argument. Sincerely yours, GURBIR S. GREWAL ATTORNEY GENERAL OF NEW JERSEY By. Cc: ~-~ ristina Miles Deputy Attorney General Rachel Rosenberg, Esq. Ira G. Megdal, Esq. Renee Steinhagen, Esq. James M. Graziano, Esq. Christopher P. Massaro, Esq.