March 13, 2023
Marple Commissioners' Meeting
The next meeting of the Marple Commissioners is Monday, March 13 at 7:00PM.* Perhaps the commissioners and/or their counsel will be able to explain the recent decision of the Commonwealth Court and what it means for the future of the proceedings.
https://www.marpletwp.com/AgendaCenter/ViewFile/Agenda/_03132023-160
Although the issue is not on the agenda, perhaps the commissioners will want to address the issue, either in #2, Public Forum, or in #17, Other Business.
* Work Session begins at 6:30PM
https://www.marpletwp.com/AgendaCenter/ViewFile/Agenda/_03132023-160
Although the issue is not on the agenda, perhaps the commissioners will want to address the issue, either in #2, Public Forum, or in #17, Other Business.
* Work Session begins at 6:30PM
Update March 10, 2023
Decision Vacated / Remanded
Today, the Commonwealth Court released its decision in the case of the PECO Gas Expansion Plant at the Corner of Sproul and Cedar Grove Roads. The last paragraph reads as follows:
O R D E R
AND NOW, this 9th day of March, 2023, it is hereby ORDERED that Respondent Pennsylvania Public Utility Commission’s (Commission) March 10, 2022 opinion and order is VACATED. It is FURTHER ORDERED that this matter is REMANDED to the Commission, with instructions that it issue an Amended Decision regarding Intervenor PECO Energy Company’s “Petition . . . For a Finding Pursuant to 53 P.S. § 10619,” which must incorporate the results of a constitutionally sound environmental impact review as to siting the so-called “Fiber Building” and “Station Building” upon the property located at 2090 Sproul Road in the Township of Marple, Pennsylvania.
Jurisdiction relinquished.
AND NOW, this 9th day of March, 2023, it is hereby ORDERED that Respondent Pennsylvania Public Utility Commission’s (Commission) March 10, 2022 opinion and order is VACATED. It is FURTHER ORDERED that this matter is REMANDED to the Commission, with instructions that it issue an Amended Decision regarding Intervenor PECO Energy Company’s “Petition . . . For a Finding Pursuant to 53 P.S. § 10619,” which must incorporate the results of a constitutionally sound environmental impact review as to siting the so-called “Fiber Building” and “Station Building” upon the property located at 2090 Sproul Road in the Township of Marple, Pennsylvania.
Jurisdiction relinquished.
Probably, this means that the PUC must re-consider their decision, but this time they must review the environmental effects of the proposed site. Probably, it means that PECO will not begin building anything soon. However, they can still continue to work at the site; over the winter, there was a lot of activity due to their testing of the pipeline, and that testing will probably continue.
Update as of October 17, 2022
So, I was at the Commonwealth Court hearing, and it looked to me like two of the seven judges shared our Health and Safety concerns (PIR, noise, etc.), and the other five judges were quiet. If two more judges come over to our side, we win.
The decision may be published tomorrow, or maybe next year, but most legal experts are suggesting thirty days.
If we win, PECO will surely appeal to the PA Supreme Court, and if we lose, it is VERY IMPORTANT that the Marple Township commissioners file an appeal to the PA Supreme Court. Either way, it's on to the PA Supreme Court.
The next meeting of the Marple Commissioners is Monday, November 14, at 7PM.
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October 13, 2022update
On Wednesday, October 12, 2022, the Commonwealth Court listened to Oral Arguments in this case. A decision could happen at any time, but is expected in about a month.
For more information, contact
Ted Uhlman
uhlmantr@yahoo.com
484-904-5377
############################
On Wednesday, October 12, 2022, The Commonwealth Court heard Oral Arguments in this case, and a decision could be published at any time, but generally, is expected in about a month.
Apparently, the Commonwealth Court has a LiveStream channel:
https://youtube.com/channel/UCfe-SgCDM4XDyLKmy0a14ag
Other than that, nothing has changed since October 3:
Here is the current status of the case between Marple Twp and PECO at the PUC***
It’s been several months since there has been any news about the PECO project at the Corner of Sproul and Cedar Grove Roads, so here’s the latest. Briefly, things are not looking very good, but Marple Township is still fighting. Currently the legal battle is being waged in Commonwealth Court (oral arguments on Wednesday, October 12 in Pittsburgh, PA), where Marple Township is appealing the decision of the Public Utilities Commission, which had decided that the PECO project could continue at the proposed site. If Marple Township loses in Commonwealth Court, it is hoped that Marple Township will appeal that decision to the Pennsylvania State Supreme Court.
Perhaps you have noticed that, during September, work had resumed at the site of the proposed facility; PECO received permission to finish the underground work, completing the last twenty yards of pipeline, taking it into the proposed site; this work was apparently completed before September 25, 2022. Under the current agreement, if the Commonwealth Court decides in favor of PECO, then PECO will build the above-ground parts of the facility (regulators, heaters, generators, buildings, etc.) with the stipulation that these above-ground elements of the project will be removed if Marple wins a decision at the Pennsylvania State Supreme Court.
Here are two rumors concerning this project that should be considered;
One of our legal arguments is that Article One, Section TwentySeven of the Pennsylvania State Constitution says: “The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment.” This should include someone in government considering the health and safety of the citizens when a natural gas facility is proposed for a densely populated residential area. In this case, the Marple Zoning Hearing Board considered the health and safety of the citizens and denied PECO’s request for an exception to the zoning code.
The Public Utility Commission decided that PECO had proven the need for this location, and the PUC refused to consider the health and safety concerns. This is not saying that the PUC considered the concerns and found them to be unwarranted; this is saying that the PUC refused to even consider those concerns (such as the large Potential Impact Radius on the small site) in making its decision. If the Marple Zoning Hearing Board has been written out of this picture, WHO IS GOING TO CONSIDER THE HEALTH AND SAFETY CONCERNS OF THIS PROJECT?
For more information, contact
Ted Uhlman
uhlmantr@yahoo.com
484-904-5377
The decision may be published tomorrow, or maybe next year, but most legal experts are suggesting thirty days.
If we win, PECO will surely appeal to the PA Supreme Court, and if we lose, it is VERY IMPORTANT that the Marple Township commissioners file an appeal to the PA Supreme Court. Either way, it's on to the PA Supreme Court.
The next meeting of the Marple Commissioners is Monday, November 14, at 7PM.
##########################
October 13, 2022update
On Wednesday, October 12, 2022, the Commonwealth Court listened to Oral Arguments in this case. A decision could happen at any time, but is expected in about a month.
For more information, contact
Ted Uhlman
uhlmantr@yahoo.com
484-904-5377
############################
On Wednesday, October 12, 2022, The Commonwealth Court heard Oral Arguments in this case, and a decision could be published at any time, but generally, is expected in about a month.
Apparently, the Commonwealth Court has a LiveStream channel:
https://youtube.com/channel/UCfe-SgCDM4XDyLKmy0a14ag
Other than that, nothing has changed since October 3:
Here is the current status of the case between Marple Twp and PECO at the PUC***
It’s been several months since there has been any news about the PECO project at the Corner of Sproul and Cedar Grove Roads, so here’s the latest. Briefly, things are not looking very good, but Marple Township is still fighting. Currently the legal battle is being waged in Commonwealth Court (oral arguments on Wednesday, October 12 in Pittsburgh, PA), where Marple Township is appealing the decision of the Public Utilities Commission, which had decided that the PECO project could continue at the proposed site. If Marple Township loses in Commonwealth Court, it is hoped that Marple Township will appeal that decision to the Pennsylvania State Supreme Court.
Perhaps you have noticed that, during September, work had resumed at the site of the proposed facility; PECO received permission to finish the underground work, completing the last twenty yards of pipeline, taking it into the proposed site; this work was apparently completed before September 25, 2022. Under the current agreement, if the Commonwealth Court decides in favor of PECO, then PECO will build the above-ground parts of the facility (regulators, heaters, generators, buildings, etc.) with the stipulation that these above-ground elements of the project will be removed if Marple wins a decision at the Pennsylvania State Supreme Court.
- If PECO loses at the Commonwealth Court, it is expected that they will appeal to the Supreme Court.
- If Marple loses at the Commonwealth Court, it is hoped that they will appeal to the Supreme Court.If the Supreme Court refuses to consider an appeal, the decision of the Commonwealth Court Stands, and there is no other remedy for either side.
- If the Supreme Court considers an appeal, then the decision of the Commonwealth Court may be either upheld or overturned, and there is no other remedy for either side.
Here are two rumors concerning this project that should be considered;
- Some of the Marple Commissioners are suggesting that more money should not be spent fighting PECO, as the result is a forgone conclusion.
- Our case will actually have a better chance of success at the State Supreme Court than in Commonwealth Court.
One of our legal arguments is that Article One, Section TwentySeven of the Pennsylvania State Constitution says: “The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment.” This should include someone in government considering the health and safety of the citizens when a natural gas facility is proposed for a densely populated residential area. In this case, the Marple Zoning Hearing Board considered the health and safety of the citizens and denied PECO’s request for an exception to the zoning code.
The Public Utility Commission decided that PECO had proven the need for this location, and the PUC refused to consider the health and safety concerns. This is not saying that the PUC considered the concerns and found them to be unwarranted; this is saying that the PUC refused to even consider those concerns (such as the large Potential Impact Radius on the small site) in making its decision. If the Marple Zoning Hearing Board has been written out of this picture, WHO IS GOING TO CONSIDER THE HEALTH AND SAFETY CONCERNS OF THIS PROJECT?
For more information, contact
Ted Uhlman
uhlmantr@yahoo.com
484-904-5377
