GAME DAY UPDATE: November 15:
Telephonic Evidentiary Hearing
November 14 through 17
Telephonic Evidentiary Hearing
November 14 through 17
The first two days of the Telephonic Hearing have been extremely interesting!
Tuesday, November 14 started with about an hour of housekeeping, mostly among the various lawyers and the ALJ, talking about lists of testimony, lists of exhibits and lists of witnesses; which ones can stay and which ones have to go. As usual, the PECO lawyers fought to keep out some of our testimony, exhibits, and witnesses, and they were somewhat successful in that effort, but not completely.
After that, PECO presented their witnesses, who defended their written testimony under cross-examination by Counsel for Marple and the two pro se intervenors. From my perspective, it sounded like the examiners did an admirable job. It was similar to listening to a sports event, like a boxing match or an Eagles game. There wasn't any scoreboard, but I could feel the drama as one side or the other seemed to score points.
On Wednesday, the 15th, PECO presented their final witnesses for cross-examination by Marple and the intervenors. Then there was a HalfTime Break. When we came back, we were now on defense, as Marple and the intervenors presented their testimony, exhibits, and witnesses for cross-examination by Counsel for PECO. Again, from my perspective, our side showed great knowledge and wisdom in their testimony, and, if there had been a scoreboard, we would have been racking up points. Go Eagles.
On Thursday, November 16, there will be no hearing.
The next hearing date is Friday, November 17, which will again feature the defense of the testimony, exhibits, and witnesses presented by Marple and the intervenors against the cross-examination by Counsel for PECO. After that, there will be a final day of the same, on Tuesday, November 28th, which will, hopefully, be dedicated to air quality issues.
Today felt like a good day. Like the days back in May, 2021, when the Telephonic Public Input Hearings (TPIH?) were held; or when we read the decision of the Commonwealth Court, in March of this year. However, as we all know, winning a few games is not the same as winning the championship. And it was December of 2021 when we heard of the Initial Decision of the ALJ, followed by the Final Decision of the full Public Utility Commission, in March of 2022, both in favor of PECO's position.
Going forward, not only do we need to keep the pressure on in these upcoming days of hearings, but we also need to be ready for the next trip to the Commonwealth Court, as it is assumed that, whichever side loses at the PUC will appeal the decision. Don't be surprised if our fund-raising efforts ramp up again. We're in for the marathon, not the 100 yard dash!
Also, please spread the word. You are probably reading this page because you received an email from MarpleSafe. Please forward that email to others who might support our cause. This issue isn't on the TV news (very often), so it's important that word of mouth keeps people informed. In fact, you could even do it the easy way: copy and paste the following message (in italics) into a text message:
Whoo Hoo! Check out what's going on with that Exelon/PECO thing on the Corner of Sproul and CedarGrove Road!
http://www.marplesafe.com/
http://www.marplesafe.com/time-line.html
http://www.marplesafe.com/brief-review.html
http://www.marplesafe.com/donate.html
Please take the time to show your support for Marple Township by listening to the Telephonic Technical Evidentiary Hearings on November 14 to 17, 2023. It has been determined that there will be no “in-person” testimony; the entire proceeding will be held over the telephone, and anyone can listen and attend the meeting.
To participate in the conference,
Passcode: 83345259
Just because there is an ugly twelve inch diameter steel pipe sticking out of the ground on the Corner of Sproul and Cedar Grove Roads, many people seem to think that this project is a done deal. It Isn’t. The PIPE may be there, but there isn’t the regulators, heaters, generators, and other equipment have not yet been installed. This fight has been going for about three years now, and we are not giving up now. Please take the time to show your support for Marple Township by listening to the Telephonic Technical Evidentiary Hearings on November 14 to 17, 2023.
For more background information, please see This Brief Review, and/or This TimeLine of Events
Tuesday, November 14 started with about an hour of housekeeping, mostly among the various lawyers and the ALJ, talking about lists of testimony, lists of exhibits and lists of witnesses; which ones can stay and which ones have to go. As usual, the PECO lawyers fought to keep out some of our testimony, exhibits, and witnesses, and they were somewhat successful in that effort, but not completely.
After that, PECO presented their witnesses, who defended their written testimony under cross-examination by Counsel for Marple and the two pro se intervenors. From my perspective, it sounded like the examiners did an admirable job. It was similar to listening to a sports event, like a boxing match or an Eagles game. There wasn't any scoreboard, but I could feel the drama as one side or the other seemed to score points.
On Wednesday, the 15th, PECO presented their final witnesses for cross-examination by Marple and the intervenors. Then there was a HalfTime Break. When we came back, we were now on defense, as Marple and the intervenors presented their testimony, exhibits, and witnesses for cross-examination by Counsel for PECO. Again, from my perspective, our side showed great knowledge and wisdom in their testimony, and, if there had been a scoreboard, we would have been racking up points. Go Eagles.
On Thursday, November 16, there will be no hearing.
The next hearing date is Friday, November 17, which will again feature the defense of the testimony, exhibits, and witnesses presented by Marple and the intervenors against the cross-examination by Counsel for PECO. After that, there will be a final day of the same, on Tuesday, November 28th, which will, hopefully, be dedicated to air quality issues.
Today felt like a good day. Like the days back in May, 2021, when the Telephonic Public Input Hearings (TPIH?) were held; or when we read the decision of the Commonwealth Court, in March of this year. However, as we all know, winning a few games is not the same as winning the championship. And it was December of 2021 when we heard of the Initial Decision of the ALJ, followed by the Final Decision of the full Public Utility Commission, in March of 2022, both in favor of PECO's position.
Going forward, not only do we need to keep the pressure on in these upcoming days of hearings, but we also need to be ready for the next trip to the Commonwealth Court, as it is assumed that, whichever side loses at the PUC will appeal the decision. Don't be surprised if our fund-raising efforts ramp up again. We're in for the marathon, not the 100 yard dash!
Also, please spread the word. You are probably reading this page because you received an email from MarpleSafe. Please forward that email to others who might support our cause. This issue isn't on the TV news (very often), so it's important that word of mouth keeps people informed. In fact, you could even do it the easy way: copy and paste the following message (in italics) into a text message:
Whoo Hoo! Check out what's going on with that Exelon/PECO thing on the Corner of Sproul and CedarGrove Road!
http://www.marplesafe.com/
http://www.marplesafe.com/time-line.html
http://www.marplesafe.com/brief-review.html
http://www.marplesafe.com/donate.html
Please take the time to show your support for Marple Township by listening to the Telephonic Technical Evidentiary Hearings on November 14 to 17, 2023. It has been determined that there will be no “in-person” testimony; the entire proceeding will be held over the telephone, and anyone can listen and attend the meeting.
To participate in the conference,
- You must dial the toll-free Conference number below (866.566.0649)
- You must enter the PIN number below (83345259) when instructed
- You must speak your name when prompted, and press #
- Then, the telephone system will connect you to the hearing
Passcode: 83345259
Just because there is an ugly twelve inch diameter steel pipe sticking out of the ground on the Corner of Sproul and Cedar Grove Roads, many people seem to think that this project is a done deal. It Isn’t. The PIPE may be there, but there isn’t the regulators, heaters, generators, and other equipment have not yet been installed. This fight has been going for about three years now, and we are not giving up now. Please take the time to show your support for Marple Township by listening to the Telephonic Technical Evidentiary Hearings on November 14 to 17, 2023.
For more background information, please see This Brief Review, and/or This TimeLine of Events
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.
Schedule of Litigation
The Schedule of Litigation shows what the next steps are in the case. The current schedule suggests that June to September will be about discovery, with the Evidentiary Hearings occurring in Philadelphia (and Telephonically) on November 14 through 17.
The Schedule of Litigation shows what the next steps are in the case. The current schedule suggests that June to September will be about discovery, with the Evidentiary Hearings occurring in Philadelphia (and Telephonically) on November 14 through 17.
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... "