Pa. court overturns decision that allowed natural gas project in Delco

Pennsylvania’s Commonwealth Court has overturned a state commission’s decision from a year ago that would allow Peco to build a natural gas facility in a residential area of Marple Township, Delaware County.

Judge Ellen Ceisler wrote in the court’s opinion that the Pennsylvania Public Utility Commission needs to revisit its March 2022 decision to “incorporate the results of a constitutionally sound environmental impact review.” Pennsylvania’s constitution guarantees citizens the right to clean air and pure water.

Marple Township had appealed the project’s approval, saying the PUC had failed to consider potential negative environmental impacts.

The court agreed in a ruling released late last week, saying that the PUC “erred when it flatly deemed environmental concerns” to be outside of its purview and that the agency is “obligated” to consider those concerns because of the state constitution’s Environmental Rights Amendment.

“The court’s opinion is being reviewed,” said Nils Hagen-Frederiksen, a PUC spokesperson.

Peco refers to the project as a “gas reliability station” that would serve as a distribution hub and allow the company to deliver more natural gas to Delaware County for an “adequate, safe and reliable” flow of energy. The facility would house equipment to reduce gas pressure on a new pipeline before the fuel is distributed to neighborhoods. It is planned for a half-acre property at Sproul and Cedar Grove Roads in Broomall, next door to a fast-food restaurant and across the street from homes.

“We have received the Commonwealth Court’s ruling regarding our proposed natural gas reliability station, and we are disappointed with the decision,” Peco said in a statement. “However, we are evaluating our next steps to complete this project, which is critical to meeting the growing need and demand for safe, reliable, and affordable natural gas for our customers in Marple Township and across Delaware County.”

The PUC ruled in March 2022 that “Peco has the authority to place the buildings along the pipeline to manage the distribution and supply of natural gas in its pipes as long as the company operates its facilities in compliance with state and federal regulations.”

But the project had already received pushback from neighbors and the township. In November 2020, the township denied zoning for the project, saying it was incompatible with residential and retail uses and would be a public safety hazard.

Residents formed the Marple Safety Coalition and conducted protests on the site, saying Peco should find a safer and more suitable location for the facility. More than 60 people filed protests with the PUC, and 93 people testified during four hearings.

The coalition posted on its website that it was digesting the news about the court’s decision and urging people to attend the township commissioners’ meeting tonight for more information.

“Probably, this means that the PUC must reconsider their decision, but this time they must review the environmental effects of the proposed site,” the coalition posted. “Probably, it means that Peco will not begin building anything soon. However, they can still continue to work at the site; over the winter, there was a lot of activity due to their testing of the pipeline, and that testing will probably continue.”

Read the full Commonwealth Court opinion: