Appeals court halts construction of Marple Township natural gas reliability station

Appeals court puts a stop on construction of Delaware County gas reliability station

MARPLE TOWNSHIP, Pa. (CBS) -- An appeals court is halting the construction of a natural gas reliability station in Marple Township, Delaware County.

Judges agreed with some of the steps taken in the process.

But they are taking issue with what they say the Pennsylvania Utility Commission overlooked in its approval.

Construction of a natural gas compressor station was well underway in Marple Township. Now, the brakes are slammed on it because of an opinion by a Commonwealth Court Judge.

The township says that's good news, but PECO says this project is critical, and without it, natural gas delivery will be constrained.

In a Commonwealth Court opinion, the PUC was faulted for not considering explosion impact radius, noise and heater emissions as it weighed arguments from both concerned neighbors and PECO, the utility company building what's known as a natural gas reliability station.

For years, CBS Philadelphia has tracked the "not in my backyard" issue at busy Sproul and Cedar Grove Roads — pitting those fearful of explosion risks and health impacts against a company that has warned without the station -- there will be energy reliability issues in this part of Delaware County.

In a statement to CBS Philadelphia Investigations, PECO wrote:

"We have received the Commonwealth Court's ruling regarding our proposed natural gas reliability station, and we are disappointed with the decision. 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 court's opinion concerning the Pennsylvania Utility Commission allowing PECO to proceed with the project in the first place was harsh, calling it "deficient from a constitutional standpoint," and the PUC's "environmental review was substantively non-existent."

That opinion now freezes completion of the project. 

Meanwhile, Marple leaders in a statement said:

"Marple Township is pleased and encouraged by the Commonwealth Court's well-reasoned decision vacating the PUC decision below and remanding the matter to the Commission for additional findings. The Township continues to believe that the subject property is not an appropriate site for these facilities and that this will be borne out by a constitutionally sound environmental impact review by the Commission as required by the Commonwealth Court's decision. The Township also is hopeful that PECO will use this opportunity to reconsider the more appropriate alternative sites for this project."

The project now hangs in limbo until it can be re-addressed by the PUC.

A spokesperson for the PUC told CBS News Philadelphia they are reviewing the opinion.

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