March 11, 6pm: MarpleSafe General Membership Meeting
The Short Story
You are invited to a General Membership Meeting of MarpleSafe On Monday, March 11, at 6pm, in the Marple Township Administration and Library Building, 227 S Sproul Rd, Broomall, PA 19008. The meeting is being held shortly before the monthly meeting of the Marple Township Commissioners, in the next room. Please RSVP to [email protected] (Subject: MarpleSafe General Membership Meeting) so we have some idea of how many will be in attendance.
The topic will be a brief review of exactly what is going on in this legal battle, as Marple Township and the Intervenors fight in the courts against Exelon/PECO to protect the Corner of Sproul and Cedar Grove Roads from the proposed Gas Expansion Plant. There will be a brief discussion of where we’ve been, where we are, where we may be going, and what you can do about it, followed by a question and answer period. The MarpleSafe meeting will end when the Marple Township Commissioners meeting begins.
The Long Story
As we enter 2024, P-2021-30243, Marple Zoning Hearing Board vs. PECO-Gas, is moving into it's fourth year. After preliminary motions in Marple Township in 2020, PECO-Gas first went to the PUC in 2021, which was followed by an appeal at the Commonwealth Court in 2022. Then, in 2023, we have been back at the PUC, with an order "For a Finding Pursuant to 53 P.S. § 10619, which must incorporate the results of a constitutionally sound environmental impact review...". All Main Briefs were due on December 15, 2023, and Reply Briefs were due on January 3, 2024.
Now that all of the Briefs, Reply Briefs, and Amici Briefs have been submitted to Administrative Law Judge Mary Long at the Pennsylvania Public Utility Commission, it is time to consider next steps, both for the short term and for the long term.
In the short term, the next legal work will be to prepare Exceptions to the Initial Decision, where both sides submit another round of legal paperwork, finding fault with the Initial Decision, and then Reply Exceptions to the other side’s Exceptions, all of which the entire five-member Public Utility Commission will consider prior to rendering a Final Order.
Regardless of outcome of the Final Order, THE NEXT STEP THAT YOU CAN TAKE is to let the Marple Township Commissioners know
Over the years, it has been rumored that some of the Marple Commissioners are less than enthusiastic about the public money that is being spent in defense of the Township's position, so it is important that all of them know that this fight has broad support in the community. Returning to the Commonwealth Court will entail additional legal work by Adam Matlawski and/or Kaitlyn Searles, so it is vital that the Township fund this additional legal effort.
To Read the most recent Legal Arguments, please see The Reply Briefs, available from the PUC Website:
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.
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?
You are invited to a General Membership Meeting of MarpleSafe On Monday, March 11, at 6pm, in the Marple Township Administration and Library Building, 227 S Sproul Rd, Broomall, PA 19008. The meeting is being held shortly before the monthly meeting of the Marple Township Commissioners, in the next room. Please RSVP to [email protected] (Subject: MarpleSafe General Membership Meeting) so we have some idea of how many will be in attendance.
The topic will be a brief review of exactly what is going on in this legal battle, as Marple Township and the Intervenors fight in the courts against Exelon/PECO to protect the Corner of Sproul and Cedar Grove Roads from the proposed Gas Expansion Plant. There will be a brief discussion of where we’ve been, where we are, where we may be going, and what you can do about it, followed by a question and answer period. The MarpleSafe meeting will end when the Marple Township Commissioners meeting begins.
The Long Story
As we enter 2024, P-2021-30243, Marple Zoning Hearing Board vs. PECO-Gas, is moving into it's fourth year. After preliminary motions in Marple Township in 2020, PECO-Gas first went to the PUC in 2021, which was followed by an appeal at the Commonwealth Court in 2022. Then, in 2023, we have been back at the PUC, with an order "For a Finding Pursuant to 53 P.S. § 10619, which must incorporate the results of a constitutionally sound environmental impact review...". All Main Briefs were due on December 15, 2023, and Reply Briefs were due on January 3, 2024.
Now that all of the Briefs, Reply Briefs, and Amici Briefs have been submitted to Administrative Law Judge Mary Long at the Pennsylvania Public Utility Commission, it is time to consider next steps, both for the short term and for the long term.
In the short term, the next legal work will be to prepare Exceptions to the Initial Decision, where both sides submit another round of legal paperwork, finding fault with the Initial Decision, and then Reply Exceptions to the other side’s Exceptions, all of which the entire five-member Public Utility Commission will consider prior to rendering a Final Order.
Regardless of outcome of the Final Order, THE NEXT STEP THAT YOU CAN TAKE is to let the Marple Township Commissioners know
- that you heartily support the actions that they have taken so far in this matter, and,
- that you look forward to the Township continuing its legal defense of the Marple Zoning Hearing Board and the Corner of Sproul and Cedar Grove Roads in the likely appeal of the PUC’s decision to the Commonwealth Court.
- 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).
Over the years, it has been rumored that some of the Marple Commissioners are less than enthusiastic about the public money that is being spent in defense of the Township's position, so it is important that all of them know that this fight has broad support in the community. Returning to the Commonwealth Court will entail additional legal work by Adam Matlawski and/or Kaitlyn Searles, so it is vital that the Township fund this additional legal effort.
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... "