[Darksky]utility activity against FCO found illegal

Jan Hollan
Mon, 4 Mar 2002 13:09:59 +0100 (CET)


(the link given below may have to be supplemented by \ before $ in unix;
for the html version of the document, see
http://amper.ped.muni.cz/light/zakon_oo/foreign/df011214.htm 
-- j.h.)

(this is a forward from:)

To: OutdoorLighting-ForumAyahoogroups...
Subject: [OL-Forum] Digest Number 419

OutdoorLighting-Forum  "The largest uncensored and most active
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Message: 7
   Date: Fri, 1 Mar 2002 17:59:47 -0800
   From: "Leo Smith" <leoAsmith...>
Subject: Connecticut Streetlighting Policy Officially Affirmed

In an unprecedented decision handed down this afternoon, the Connecticut
Department of Public Utility Control handed the local utility company a
major setback. On October 1, 2001, Connecticut's new law went into effect
requiring the use of full cutoff streetlights. The law contained a waiver
provision, under which a municipality could exempt a streetlighting section
from the full cutoff requirements under special circumstances.
The utility company sent letters to town officials in September, 2001, a
month before the streetlight law was to go into effect, raising questions
about full cutoff lights, and making statements such as "Full cutoff lights
may require closer pole spacing and more lights". Based on this letter from
the utility company, 37 of 154 municipalities sent a waiver from the full
cutoff requirements.

State Rep Jame O'Rourke filed a complaint with the Connecticut DPUC, as did
I. In late January, DPUC conducted a hearing and today released its
decision.

In a nutshell, it's a totally wonderful decision, and coming from a state
agency, it drives home the right of the legislature to set public policy.
The decision
1) Invalidates all 37 municipal waivers previously obtained by the utility
company, and requires that the waivers be returned with a cover letter to be
drafted in collaboration with Rep. Jim O'Rourke and CTIDA, and
2) Requires the utility company to install a string of 10 full cutoff
streetlights in 22 municipalities by April 10 to provide demonstration of
the effects of full cutoff lighting.

State Rep Ruth Fahrbach and Jim O'Rourke both appeared before the DPUC at
the hearing and testified in support of invalidating the waivers.

The DPUC decision is available online at:
http://www.dpuc.state.ct.us/DOCKCURR.NSF/2b67041f3f12d444852569ff005bcf7c/77
1d96ffb64584b885256b6f00688d69/$FILE/df011214.doc

It is a wonderful decision for Dark Sky in Connecticut, for the environment,
and for the people who live here...

Leo Smith