Initial Recommended Decision of April 3, 2024
On April 3, 2024, Mary D. Long, the Administrative Law Judge at the PA Public Utility Commission, published their Initial Recommended Decision in the current iteration of Marple v. Exelon/PECO, concerning the proposed Methane Expansion Plant at the Corner of Sproul and Cedar Grove Roads in Broomall.
The full decision is available on our Notes Page, or directly from the PA PUC at https://www.puc.pa.gov/pcdocs/1823107.pdf
Although there are rumors that this decision shows that this is a "done deal", nothing could be further from the truth. This decision puts us right back where we were in December of 2022, when the first Initial Recommended Decision was published.
The next steps are to file Exceptions to the Initial Recommended Decision and then, in a few months, the Full Commission will issue a Final Decision that may agree, disagree, or (something in between) with the Initial Recommended Decision. In the first iteration of this case, there were about three months between the Initial Recommended Decision and the Final Decision of the Commission, so, if that schedule repeats, the Final Decision can be expected sometime in June or July, if not later. Following the Final Decision, both sides have a "by right" opportunity to appeal the Final Decision to the Commonwealth Court.
As always, the most important thing that you can do is to again contact the Marple Commissioners, thank them for the support that they have shown in this endeavor, and encourage them to keep fighting this battle to protect the Corner of Sproul and Cedar Grove Roads, the community, and the greater environment. You can
- call 610-356-4040,
- or email the Commissioners ([email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected]),
- but it would be best if you could attend the monthly meetings of the Commissioners on the second Monday of EVERY month at 7PM (MONDAY, March 11,April 8, May 13, June 10).
Also, Yard Signs are again available. Please Reply to this email if you would like to have a new free "Say No To PECO Gas Expansion Plant" MarpleSafe Yard Sign to show Community Support.
Donations are always appreciated; please see http://www.marplesafe.com/donate.html for details.
Thank you for your support,
Lora Snyder and Ted Uhlman
MarpleSafe.com
To Read the most recent Legal Arguments, please see The Reply Briefs, available from the PUC Website:
- Marple Reply Brief – https://www.puc.pa.gov/pcdocs/1811194.pdf
- The Intervenors Reply Brief – https://www.puc.pa.gov/pcdocs/1811193.pdf
- PECO-Gas Reply Brief – https://www.puc.pa.gov/pcdocs/1811192.pdf
- Energy Ass'n of PA’s Brief – https://www.puc.pa.gov/pcdocs/1811182.pdf
What Other States Are Doing
In the longer term, it is worth considering other options, besides those centered on the Pennsylvania PUC and the Judiciary, and that would include trying to engage with the Executive and/or Legislative branches of State Government. Apparently, over the past several years:
The Massachusetts Legislature and the Massachusetts Department of Public Utilities have been moving forward with a transition towards electrification and away from fossil fuels.
https://www.wbur.org/news/2023/12/07/dpu-future-of-natural-gas-methane-electrification
https://malegislature.gov/Laws/SessionLaws/Acts/2021/Chapter8
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter21N
https://lpdd.org/resources/massachusetts-gas-transition-order/
In New Jersey, an Executive Order requires natural gas utilities to plan for a shrinking customer base, the elimination of subsidies, and minimizing new infrastructure, etc.
https://lpdd.org/resources/new-jerseys-executive-order-on-natural-gas-transition/
On April 14, 2021, Rhode Island’s Governor Dan McKee signed into law the 2021 Act on Climate, which includes Emissions Mandates
45% below 1990 levels by 2030,
80% below 1990 levels by 2040, and
Net-zero emissions by 2050
http://webserver.rilin.state.ri.us/Statutes/TITLE42/42-6.2/INDEX.htm
https://climatechange.ri.gov/act-climate
On July 18, 2019, the New York State’s Climate Leadership and Community Protection Act (Climate Act) was signed into law. It is among the most ambitious climate laws in the nation and requires New York to reduce economy-wide greenhouse gas emissions 40 percent by 2030 and no less than 85 percent by 2050 from 1990 levels.
https://climate.ny.gov/
California Senate Bill 1389 (SB 1389, Statutes of 2002) requires the California Energy Commission to deveop reports related to the transition away from fossil fuels.
- In January 2020, the Public Utilities Commission launched a new rulemaking to regulate the state’s transition away from natural gas.
- The 2021 Integrated Energy Policy Report recommends study of ways to "Align gas rate structures with long-term clean energy goals that support deep reductions in fossil gas usage and electrification efforts for residential and commercial customers.
https://www.energy.ca.gov/proceeding/order-instituting-informational-proceeding-gas-decarbonization
https://www.nrdc.org/bio/kiki-velez/state-progress-report-kicking-gas
(see links below). Is it possible that something like this could be done in Pennsylvania?
PLEASE DONATE!
Since June 15, over $900 has been collected. It's a good start, but the goal is to pay for expert witnesses to support the defense of the Cedar Grove Corner.
Since June 15, over $900 has been collected. It's a good start, but the goal is to pay for expert witnesses to support the defense of the Cedar Grove Corner.
THE CLIMATE CONNECTION
At a time when we should be transitioning AWAY FROM Fossil Fuels, the proposed Gas Expansion Plant at the Corner of Sproul and Cedar Grove Roads is an investment in transitioning DEEPER INTO Residential Natural Gas Consumption.
At a time when we should be transitioning AWAY FROM Fossil Fuels, the proposed Gas Expansion Plant at the Corner of Sproul and Cedar Grove Roads is an investment in transitioning DEEPER INTO Residential Natural Gas Consumption.
The Pre-Hearing Conference was held
on WEDNESDAY, JUNE 28, at 9AM
With more than 60 calls in attendance, there was a good show of support at the Pre-Hearing Conference, but the decisions made indicate that we have a difficult job in this court.
Review of the Second Case at the PUC
A review of some of the arguments made during the Evidentiary Hearings that were held on November 15, 16, 17, and 28.
A review of some of the arguments made during the Evidentiary Hearings that were held on November 15, 16, 17, and 28.
Precedent
On March 19, a seven member panel of PA Commonwealth Court judges unanimously decided that the PUC had erred in its decision, and remanded the case back to the PUC, with the following 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... "
On March 19, a seven member panel of PA Commonwealth Court judges unanimously decided that the PUC had erred in its decision, and remanded the case back to the PUC, with the following 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... "