By notice dated March 13, 2013, the Commission scheduled evidentiary hearings on July 24-26 and 29-30, 2013 in Hearing Room 2, Commonwealth Keystone Building, Harrisburg. On March 15, 2013, PPL filed a motion requesting that I issue a protective order in this proceeding and enclosing a proposed order with its motion. In Prehearing Order #4, dated March 20, 2013, I granted the motion and approved, adopted and incorporated the proposed order into the March 20, 2013 order. By notice dated March 28, 2013, the Commission scheduled public input hearings for this case on May 2, 2013 at 2:00 and 6:00 p.m. in Thornhurst, Lackawanna County. In Prehearing Order #5, dated March 28, 2013, I directed PPL to publish notice of the public input hearings in a local newspaper and file proof of that publication with the Commission. By letter dated April 1, 2013, NP CARE requested that I conduct a site view at 10:30 a.m. on May 2, 2013, the same day as the public input hearings. NP CARE contended that this would allow parties time to view the location and still arrive at the location for the public input hearing ahead of the scheduled hearing time. The letter requested a site view on Phelps Road which, according to NP CARE, is located twenty minutes from the site of the public input hearings. According to the letter, the site view would allow me and the parties to view the location of the proposed line. NP CARE stated that the area of the site view is situated in one of the primary natural tourist attractions of the area. By letter dated April 3, 2013, PPL responded to NP CARE’s request for a site view. PPL opposed the request because 1) NP CARE had failed to describe the details of the site visit; 2) the site view would not be useful since there is no cleared right of way for the parties to observe; 3) the majority of the Phelps Road loop is unrelated to the proposed route for the 230 kV transmission line; 4) the site view would confuse and mislead the parties; 5) the better course of action would be to introduce photographs of the area at the evidentiary hearings; and 6) the site view should not be
(3) Siting a public utility “building” under section 619 of the Municipalities Planning code (53 P.S. § 10619) (4) Other Commission decisions 4. Standards for Approval to Exercise the Power of Eminent Domain Having addressed the standard for approval of the siting and construction of the 230 kV and 138 kV transmission lines and the standard for approval of the siting of the West Pocono and North Pocono Substations’ control equipment buildings, I will now address the standards for Commission approval to exercise the power of eminent domain. PPL filed applications requesting that the Commission make a finding and determination, pursuant to 15 Pa.C.S. § 1511(c), that the service to be furnished by PPL, through its proposed exercise of eminent domain to acquire portions of the lands of various property owners for the siting and construction of the Northeast-Pocono Reliability Project, is necessary or proper for the service, accommodation, convenience or safety of the public. The statute at 15 Pa.C.S. § 1511, Section 1511 of the Business Corporation Law of 1988 (BCL), grants a public utility the power or authority to condemn property to provide electricity to the public, stating, in part: (a) General Rule. -- A public utility corporation shall … have the right to take, occupy and condemn property for one or more of the following principal purposes and ancillary purposes reasonably necessary or appropriate for the accomplishment of the principal purposes: . . . (3) The … transmission … distribution or furnishing of … electricity … to or for the public. Section 1511 of the BCL grants a public utility, such as PPL, the power and authority to take and condemn property for the purpose of providing electricity to the public. Section 1511(b) of the BCL, however, restricts the authority of a public utility to take and condemn property for the purpose of providing electricity to the public, stating, in part, as follows: The powers conferred by subsection (a) shall not be exercised:
Circuit Name (Source) Number of Customers Total Length of Circuit (miles) Normal Peak Loading of Circuit (MW) North Pocono-Jackson #2 (Jackson) 3329 9 33 North Pocono-Jackson (North Pocono) 7257 19 44 Blooming Grove-North Pocono (Blooming Grove) 5630 12 19 Blooming Grove-North Pocono (North Pocono) 3265 20 17 North Pocono-Jackson #1 (Jackson) 728 10 25 North Pocono-Jackson #1 (North Pocono) 5186 16 40 Lackawanna-North Pocono (Lackawanna) 10638 20 36 Lackawanna-North Pocono (North Pocono) 6834 16 29 East Palmerton-West Pocono #1 (East Palmerton) 7093 12 25 East Palmerton-West Pocono #1 (West Pocono) 4455 18 22 East Palmerton-West Pocono #2 (East Palmerton) 5075 14 32 East Palmerton-West Pocono #2 (West Pocono) 2899 26 13 West Pocono-Jackson #1 (West Pocono) 2702 8 11 West Pocono-Jackson #1 (Jackson) 2736 16 28 West Pocono-Jackson #2 (West Pocono) 4335 19 22 West Pocono-Jackson #2 (Jackson) 2931 9 7 PPL Ex. LRK-6, PPL M.B. p. 59-60. PPL points out that the reductions in number of customers served, length, and load on each line will have the following practical benefits. First, each line will be much shorter, which
Pennsylvania for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public, at Docket Number A-2013-2341241, is granted. 23. That the application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Ronald Solt in Plains Township, Luzerne County, Pennsylvania for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public, at Docket Number is granted. 24. That the application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Edward R. Schultz in Covington Township, Lackawanna County, Pennsylvania for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public, at Docket Number A-2013-2341253, is granted. 25. That the application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of Donald W. Henderson and Louis Bellucci in Paupack Township, Wayne County, Pennsylvania for siting and construction of transmission lines associated with the proposed Northeast-Pocono Reliability Project is necessary or proper for the service, accommodation, convenience or safety of the public, at Docket Number A-2013-2341262, is granted. 26. That the application of PPL Electric Utilities Corporation under 15 Pa.C.S. § 1511(c) for a finding and determination that the service to be furnished by the applicant through its proposed exercise of the power of eminent domain to acquire a certain portion of the lands of FR E2 Property Holding LP in Covington Township, Lackawanna County, Pennsylvania for siting and