Evening star. [volume] (Washington, D.C.) 1854-1972, 1955-09-23

|Pepco Weighs
Maryland Plea
For River Site
| PorIey Takes Up
Legal Questions
On Use Of Woter

| Thomas e. ODea, Pepco at
itorney, and L. w. Cadwallader
mechanical engineer Of the com.
Ipany. yesterday conferred with
counsel In the ONCE Of Attorney
General c.. Ferdinand Sybert Ii
Baltimore. At the suggestion Of
Arthur B. Stewart. commission
chairman. the Pepco officials tool
Iup the legal problem with the
attorney Generals office. Nc
final decision was reached.
| Meanwhile, the Associated
Press reported from Richmond
that the Virginia State Cor
lporation Commission set Sep
ltember 20 for a hearing or
lPepco's request for authority Il
construct its Loudoun plant.
| Mr.. ODea contended earlier
lin the day, at an informal com
mission meeting. that Pepco, ii
acquiring land for the electric
generating plant upstream Of
Great Falls. legally takes ripa-
lrian rights under common law
Maryland contends the Potomac
River lies within Its boundaries
Law Challenged
But Mr.. oDea argued that
the Maryland law requiring the
company to get commission ap-
lproval to construct q plant In
Virginia and use Potomac River
water is unconstitutional. He
|contended this would Illegally
deprive the company Of property
rights.
/ On the other hand, however.
IMr. ODea made 1t clear this does
mot necessarily mean PepcO will
mot file with the Water Resources
ICommission. He took along the
required application forms. but
whether they win be filled out il
10 question for Pepco officials 70
decide. The company. he said,
Ills working against q November
II deadline. inasmuch as II has
IAN option on the property until
then. He said the company Il
mot sighting any commission, "
/ Mr.. O,Dea received no sssur-
lance from the Attorney Gem
ERALS Office that It win give an
iopinion. Mr.. Stewart indicated
the commission might ask Mr.,
lSybert for an informal opinion
ION the question.
DR.. Joseph p. Singewald. jr..
director of the Maryland Depart
Iment OF Geology, Mines and
water Resources, contended at
yesterdays hearing that Mary
land approval Is required for the
NEW plant by the commission
The commission superyises the
department Of that name and Il
appointed by the Governor.
Chairman Stewart outlined
this procedure: II Pepco submits
10 formal application to the COM
mission, q full commission hear
ing viii be advertised for at least
two weeks in the newspapers "a
advise the public. Not less than
five days must elapse after the
last paid advertising notice Of
1.-THE bearing. prior to the COM
mission meeting.
/ Advised Of the November ]
Ideadline by the company, Chair
imam Stewart said the hearing
Icould be held around the middle
LOT October. Chairman Stewart
said that II Pepco erected It's
plant and used Potomac River
water, without obtaining q COM
mission permit. the Maryland
attorney General would be asked
labout 1t. The chairman said he
could see Pepco's difiiculty. for
Iif 1t filed an application. 1t might
lbe admitting the commission has
Jurisdiction In the case.
Mechanical engineer Cadwal-
Ilader told the commission yester-
Iday the company would return
Ito the Potomac River practically
Iall the water 1t took out Of 1t at
1.-THE new plant. He said the cool
ling process in the manufacture
LOT electricity would raise the
river temperature only about half
10 degree In the average flow. It
would be little less than seven
degrees at the plant outlet at
low river flow, he said. In four
miles of river now, the heat
would be dissipated, he con-
tended.
Most Economical
Mr.. Cadwallader declared the
Federal Power Commission adj
lvised the company 1t should build
Ia power plant $50 one bomb hit
on the Capitol building would
mot knock out all our generating
facilities" The Loudoun Coun-
ty site. he said. is the most eco
nomical one to build and is
needed at that end Of the COM
Ipany's system.
He commended the Montgom-
lery County shore is considerably
lower than Loudoun County at
that point, would create more
Of q flood problem and would
raise objection among Mont
gomery residents II the plant
were constructed there. He said
elsewhere longer transmission
lines would be needed, with con-
Isequent power losses.
He also told the commission
that the water the company
would return to the Potomac
would be much purer than when
taken from 1t. He explained
reformation would be used to get
hid of sewage deposits and algae
growth, such as is done In the
|company's other plants.
Fire Damages Diner