The Court concluded the PUC was “obligated to consider the environmental impacts of placing [a building] at [a] proposed location,” [Court’s emphasis] as raised by Marple Township.
The Township and citizens raised concerns about the pumping station related to potential explosions, noise and natural gas emissions.
PECO describes the project as a “gas reliability station” that “will be the receiving point that will add to the supply of natural gas in the area.” In plain words it’s a natural gas pumping station. Read more here.
The Court went on to say, “The source of the Commission’s responsibility to conduct this type of review in a Section 619 proceeding is not the MPC [Municipalities Planning Code] itself or another statute; rather, it is Article I, Section 27 of the Pennsylvania Constitution, which is better known as the Environmental Rights Amendment (ERA).”
“In other words,” the Court said, “A Section 619 proceeding is constitutionally inadequate unless the Commission completes an appropriately thorough environmental review of a building siting proposal and, in addition, factors the results into its ultimate determination regarding the reasonable necessity of the proposed siting.
“Here, however, the Commission sidestepped this obligation and, though it stated that it would defer to other agencies’ determinations regarding environmental issues, failed to identify any such outside agency determinations [Court’s emphasis] that pertained to explosion impact radius, noise, or heater emissions.
“The Commission’s “deference” in this context thus appears to have been nothing more than illusory and its environmental review substantively nonexistent. This failure renders the Decision entirely deficient from a constitutional standpoint.”
“Accordingly, we vacate the Commission’s Decision and remand this matter to the Commission, with instructions that it issue an Amended Decision regarding the PECO Petition, which must incorporate the results of a constitutionally sound environmental impact review as to the proposed siting on the Property of the Fiber Building and the Station Building.”
Click Here for a copy of the ruling.
Project Background
PECO initiated the Marple Township natural gas “reliability” project in the Spring of 2019, entered into a sale agreement with the property owner at 2090 Sproul Road in June 2020 and began doing road work and pipeline construction to facilitate a connection between its liquefied natural gas facility in West Conshohocken and the property.
In November 2020 Marple Township’s Zoning Board denied PECO’s application for the project and in February 2021 PECO filed a petition with the Public Utility Commission saying the entire project was exempt from the Township’s Zoning Ordinance.
PECO asked the Commission to rule the proposed location was reasonably necessary for the convenience and welfare of the public.
The PUC granted the PECO petition in March 2022 and Marple Township appealed that decision to Commonwealth Court in May 2022 resulting in this ruling.
This summary was taken from the Court ruling. Read more here.
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