HARRISBURG - State utility regulators are recommending changes to the proposed gas drilling ordinance in Roaring Brook Twp., and township officials appear likely to follow their advice.
The Public Utility Commission has issued an advisory opinion that the ordinance as currently written would not comply with the state's new drilling impact fee law enacted in March. The opinion targets language dealing with a driller's compliance with bonding and permit requirements and drilling in flood plains.
"We'll probably make the changes they suggested," said Joseph A. O'Brien, a Clarks Summit attorney for the township, on Thursday. "The interests we are trying to protect will still be protected with their changes."
The township supervisors want to make sure they know what is happening in case drilling starts in their jurisdiction, said Mr. O'Brien.
One specific issue cited by the PUC relates to wording that a drilling applicant provide evidence "satisfactory to the township" that it complies with bonding and permit requirements.
"The Township may require the provision of information, but the Township cannot override state law in determining an applicant's right to commence natural gas exploration," according to the PUC opinion.
The PUC also cited language giving the township "discretion" to permit drilling on a 100-year flood plain. The Department of Environmental Protection has that authority under the impact fee law, the opinion said.
Roaring Brook, like some other municipalities in Northeast Pennsylvania, requested the pre-emptive PUC ordinance review.
The PUC has authority under the impact fee law to issue advisory opinions and ultimately determine whether an ordinance provides for the reasonable development of oil and gas. A determination by the PUC or state courts that an ordinance fails to provide for reasonable development means the local government wouldn't be eligible for a share of impact fee revenue.
However, the PUC is not exercising its full review authority because of a recent Commonwealth Court ruling that struck down a provision in the law limiting the ability of municipalities to control the location of drilling activity.
The state Supreme Court is scheduled to hear legal arguments relating to the Corbett administration's appeal of that ruling Wednesday in Pittsburgh.
Contact the writer: rswift@timesshamrock.com