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.
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
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:
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