Commonwealth Court Friday said the Public Utility Commission has no authority to review local gas drilling ordinances and subsequently withhold Marcellus Shale drilling impact fee payments in four townships challenging the state’s drilling law.

When a $204 million statewide disbursement of Marcellus Shale drilling impact fees was  announced September 15, documents released by the PUC that day noted that Cecil, Mt. Pleasant, Robinson and South Fayette townships were designated as communities whose money was being “withheld pending resolution of the Requests for Review of existing ordinances."

The court ordered the PUC to "cease and desist from acting upon requests pursuant to 58 Pa. C.S. 3305 to review municipal ordinances for compliance with the Pennsylvania Municipalities Planning Code and Chapters 32 and 33 of Act 13” because of the Court’s July 26 order that struck down the local zoning provisions in the law.

The impact fees, as designed, are to be used for road and infrastructure improvements, police and fire protection, and other measures local governments see fit to mitigate the impact of drilling in their communities. Cecil Township is scheduled to receive $246,098; Mt. Pleasant to receive $500,000; Robinson to receive $225,737.93; South Fayette to receive $2,731.39.

The state Supreme Court last Wednesday heard oral arguments of the Act 13 challenge. A final ruling is expected in the coming months.

            NewsClips: Judge Slaps PUC On Drilling Fees, Ordinance Reviews

                                Court Bars PUC From Reviewing Drilling Ordinances

                                PUC Miscalculated $1 M In Drilling Fees For Local Governments

                                Township Withdraws Challenge, Now Eligible For Impact Fee

                                PA Towns Savor Drilling Impact Fee Checks

                                Lycoming County Miscalculated Impact Fee Revenue

10/29/2012