PA - Gathering Pipelines and Eminent Domain
We have reported previously on the Laser Marcellus proceeding before the Pennsylvania Public Utility Commission (see here "PA Gathering Update," e.g.). The Administrative Law Judge has issued her recommended decision in the matter, finding that the application for a certificate of public convenience should be denied - despite the joint stipulation filed by several of the parties. Her reasoning: There is no reason - nor any statutory authority in Pennsylvania - for granting gathering companies the power of eminent domain. For example:
A gathering system is not analogous to a local distribution company. Eminent domain is not an appropriate tool for a gathering company to have when those citizens burdened by the pipeline do not benefit from it.
For a copy of the decision, see here.
Now it's up to the Commission.
