Evening star. [volume] (Washington, D.C.) 1854-1972, 1955-09-23
Pepco Weighs
Maryland Plea
For River Site
Purley Takes Up
Legal Questions
On Use Of Water

ton of whether to file formally
with the Maryland Commission
Of Geology Mines and Water Re-
sources in Baltimore a request
for sanction to use Potomac
River water for its projected
Loudoun County tva.) power
plant.
Thomas E. ODea. Pepco at
torney, and L. w. Cadwallader,
mechanical engineer Of the COM
pany. yesterday conferred with
counsel in the Office of Attorney
General c. Ferdinand Sybert in
Baltimore. At the suggestion OF
Arthur B. Stewart. commission
chairman. the Pepco officials took
up the legal problem with the
Attorney Generals Office. No
final decision was reached.
Meanwhile, the Associated
Press reported from Richmond
that the Virginia State Cor
poration Commission set Sep
TENDER % for a hearing on
Pepco's request for authority to
construct its Loudoun plant.
Mr.. O'Dea commended earlier
in the day, at an informal COM
mission meeting, that Pepco, in
acquiring land for the electric
generating plant upstream Of
Great Falls. legally takes ripa-
rian rights under common law.
Maryland contends the Potomac
River lies within its boundaries.
Law Challenged
But Mr.. O'Dea argued that
the Maryland law requiring the
company to get commission APP
prevail to construct a 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,
Mr.. ODea made it clear this does
not necessarily mean Pepco will
not file with the Water Resources
Commission. He took along the
required application forms, but
whether they will be filled out is
a question for Pepco officials to
decide. The company, he said.
is working against a November
/ deadline, inaSmuch as 1t has
an option on the property until
then. He said the company is
mot sighting any commission. !"
Mr.. ODea received no assur-
ance from the Attorney Gen.
erals Office that 1t will give an
opinion. Mr.. Stewart indicated
the commission might ask Mr..
Sybert for an informal opinion
on the question.
DR.. Joseph p. Singewald, jr..
director Of the Maryland Depart
ment 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 supervises the
department of that name and is
appointed by the Governor.
Chairman Stewart outlined
this procedure: If Pepco submits
a formal application to the COM
mission, a full commission hear
ing will be advertised for at least
two weeks in the newspapers to
advise the public. Not less than
five days must elapse after the
last paid advertising notice OF
the hearing. prior to the COM
mission meeting.
Advised of the November l
deadline by the company, Chair
man Stewart said the hearing
could be held around the middle
of October. Chairman Stewart
said that if Pepco erected its
plant and used Potomac River
water, without obtaining a COM
mission permit. the Maryland
Attorney General would be asked
about 1t. The chairman said he
could see Pepco's difficulty. for
if 1t filed an application, it might
be admitting the commission has
jurisdiction in the case.
Mechanical engineer Cadwal-
Iader told the commission yester-
day the company would return
to the Potomac River practically
all the water 1t took out OF 1t at
the new plant. He said the cool
ing process in the manufacture
OF electricity would raise the
river temperature only about half
o 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 flow. the heat
would be dissipated. he con-
tended.
Most Economical
Mr.. Cadwallader declared the
Federal Power Commission adj
vised the company it should build
a power plant 80 one bomb hit
on the Capitol building would
not 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
pany's system.
He commended the Montgom-
cry County shore is considerably
lower than Loudoun County at
that point, would create more
of a flood problem and would
raise objection among Mont
-Eomery residents If the plant
were constructed there. He said
elsewhere longer transmission
lires would be needed, with con-
sequent 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
chlorination would be used to get
rid of sewage deposits and algae
growth. such as is done in the
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