Thursday, October 10, 2024

The Derrick: PUC Considering Emergency Order To Have Aqua Pennsylvania Take Over 6 Rhodes Estate Water Companies [Fallout Continues From Conventional Oil Well Wastewater Spill 15 Months Ago In Venango County]

On
October 10, The Derrick reported that on October 8, a draft emergency order was filed with Public Utility Commission Administrative Law Judge Mark A. Hoyer to appoint a temporary receiver to operate six Rhodes Estate water companies as a result of the resignation of the certified water system operators.

The Venango Water Company supplying water to the Village of Reno is already operated by Aqua Pennsylvania under a PUC receivership order issued on August 11, 2023 due to contamination of one of its water sources by a wastewater spill from a conventional oil well owned by Petro Erie, Inc.  [Read more here]

The draft order was filed by the Office of Consumer Advocate and the PUC Bureau of Investigation and Enforcement who are parties in the PUC hearing on the future of the Venango Water Company and the six other Rhodes Estate water companies that started this past July.

According to the draft order, Randall and Kevin Rhodes gave notice to parties in the case they would be resigning their positions as certified water system operators effective October 31.

Without a certified system operator “it is likely that the Rhodes Utilities will cease providing water and wastewater service to its customers on November 1, 2024,” according to the draft order.

The Rhodes Estate water utilities include the Sugarcreek Water Company, West Hickory Water Company, Plumer Water Company, Fryburg Water Company, Cooperstown Water Company, and Blaine E. Rhodes Sewer Company, in addition to the Venango Water Company..

Since “it appears that the Rhodes Utilities do not have a plan that would result in the hiring of a certified operator by November 1,” the draft order requests the Commission to name Aqua Pennsylvania as the receiver to also operate the six other Rhodes Estate water companies.

The order suggests a schedule for considering the emergency receivership order that would result in a decision by October 23.

Judge Hoyer has scheduled a telephone hearing on the draft emergency order for October 15 at 10:00 a.m.  Click Here for notice of the hearing and for instructions on how to listen to the hearing.  Only parties to this proceeding can participate.

October 7 Telephone Conference

On October 7, PUC Judge Mark A. Hoyer held a telephone conference on the resignation of Randall and Kevin Rhodes as water system operators and a motion filed by Aqua Pennsylvania on September 11 to extend the schedule of hearings on the future of the Rhodes Estate water companies.

The September 11 motion was originally based on concerns about separate litigation involving the executor of the Rhodes Estate that would delay the PUC hearings.

The Aqua motion said both the Office of Consumer Advocate and the PUC Bureau of Investigation and Enforcement had recommended in early September Aqua Pennsylvania acquire all the Rhodes Water utilities.

Aqua Pennsylvania told Judge Hoyer during the October 7 telephone conference it would have to “hire three additional employees or obtain contract [for] operations to address the [Rhodes Estate utilities] and meet current needs of Aqua’s existing systems,” according to the October 7 Venango Water Company status report filed by Aqua with the PUC. 

According to the draft emergency order, the Rhodes Estate water companies serve a total of 1,047 customers--

-- Sugarcreek Water Company: 67 residential, 1 commercial, 3 public customers

-- West Hickory Water Company: 172 residential, 3 commercial, 2 public customers

-- Plumer Water Company: 53 residential, 1 commercial, 4 public customers

-- Fryburg Water Company: 165 residential, 15 commercial, 6 public customer

-- Cooperstown Water Company: 127 residential customers

-- Blaine E. Rhodes Sewer Company: 180 residential, 25 commercial, 4 industrial, 5 public customers

-- Venango Water Company: 179 residential, 26 commercial, 4 industrial, 5 public customers

The draft emergency order also summarizes state Safe Drinking Water Act violations for each water company that range from water monitoring and reporting violations, failure to meet disinfection standards and other water system deficiencies.

Improvements Needed By Venango Water

The October 7 status report submitted by Aqua Pennsylvania to the PUC on the Venango Water Company includes a draft 10 Year Capital Improvements Plan that outlines the need for water system improvements costing nearly $5.6 million in the first three years.

The projects Aqua said are needed include developing a new well and consolidating Shaffer Spring water treatment-- $2 million-- and water storage tank replacement-- $2.5 million.

Other projects include bringing the contaminated Bellows Spring water source back into service with a new water treatment facility-- $610,000-- and replacing customer water meters.

Documents related to this PUC proceeding can be found at PUC Docket No. M-2023-3042180 and I-2023-3042312.

Petro Erie, Inc. Appeal

The Department of Environmental Protection and Petro Erie, Inc. are still in negotiations over how to resolve violations of state environmental law as a result of the July 2023 spill of conventional oil well wastewater that contaminated Bellows Spring, one of two sources of water serving the Village of Reno and the Venango Water Company.

The July spill resulted in a “do not consume” water advisory in the Village of Reno that lasted six weeks and an emergency order from the PUC to Aqua Pennsylvania to operate the Venango Water Company.

In September 2023, Petro Erie, Inc. appealed a DEP order to the Environmental Hearing Board that required the cleanup of the spill and the restoration of the Venango Water Company water supply to the Village of Reno.

Petro Erie, Inc. was also ordered to reimburse the Venango Water Company and Aqua Pennsylvania for any temporary and permanent increased operating and maintenance costs resulting from the contamination caused by the spill.  Read more here.

In its appeal, Petro Erie, Inc. said it “lacks the financial ability to comply with the [DEP] order.”  Read more here.

The most recent inspection of the Petro Erie, Inc. spill site by DEP on May 1, 2024 found no progress in cleaning up the spill.

On September 26, the Environmental Hearing Board set an October 25 deadline for the parties to report back to the Board on the progress of their negotiations.  [EHB docket: 2023075]

Visit the Aqua Pennsylvania Village of Reno Customers webpage for more information on the Venango Water company receivership.

Visit DEP’s Venango Water Company/Petro Erie, Inc. webpage to learn more about the actions taken by DEP.

NewsClip:

-- The Derrick: PUC Considers Aqua Pennsylvania Temporarily Taking Over 6 Water Companies  [PDF of Article]

Related Articles - Village Of Reno Water Contamination:

-- The Derrick: Are Rate Increases In The Future For Rhodes Estate Water Companies In Venango County? [Impacts Continue From Conventional Oil Well Wastewater Contamination Of Water Supply]  [PaEN] 

-- The Derrick: PUC To Hold Second Hearing July 15 On Venango Water Company [Impacts Continue From Conventional Oil Well Wastewater Contamination Of Water Supply]   [PaEN]

-- The Derrick: PUC Judge Orders 7 Rhodes Estate Water Companies To Secure Counsel For Hearings On Their Future [More Fallout From Conventional Oil Well Wastewater Spill In Venango County]  [PaEN]

-- The Derrick: PUC To Hold May 21 Prehearing On Future Of Venango Water Company; Water Source Contaminated By Conventional Oil Well Wastewater Spill  [PaEN]

-- The Derrick: State Intervenes In Venango Water Case [Fallout Continues From Conventional Oil Well Wastewater Spill]   [PaEN] 

-- The Derrick: Public Utility Commission Starts Investigation Into Possible Order For Another Utility To Permanently Acquire Venango Water Company Impacted By Conventional Oil Well Spill [PaEN]

-- The Derrick: Aqua Pennsylvania Continues To Operate The Water System Serving The Village Of Reno After A Conventional Well Wastewater Release Contaminated Its Water Supply Last July In Venango County  [PaEN]

-- The Derrick: DEP: Little Headway In Reno Oil Well Wastewater Cleanup In Venango County   [PaEN

-- The Derrick: Permanent Alternate Water Supply Being Considered For Village Of Reno, Venango County After Contamination By Conventional Oil Well Wastewater Spill  [PaEN] 

-- Petro Erie, Inc. Says It Lacks The Financial Ability To Comply With DEP’s Order To Clean Up Conventional Oil Well Wastewater That Contaminated The Village Of Reno’s Water Supply In Venango County; Will Taxpayers/Ratepayers Be Stuck With Cleanup Costs Again?  [PaEN]

-- Do Not Consume Water Advisory Lifted In Village Of Reno; Petro Erie, Inc. Barely Begins Cleanup Of Conventional Oil Wastewater Spill Site That Contaminated The Water Supply In Venango County   [PaEN] 

-- DEP Finds 2 More Petro Erie, Inc. Conventional Oil Well Wastewater Tanks With A Pipe Leading To A Discharge Area In A Ditch In Sugarcreek Boro, Venango County  [PaEN] 

-- Mayor Of Sugarcreek Asks For Donations To Refill Village Of Reno Water Tank After Contamination In Venango County; Emergency Water Distribution Resumes; Contamination From Conventional Oil Wastewater Tanks Suspected  [PaEN]

-- The Derrick: DEP Issues Order To Petro Erie, Inc. To Restore Village Of Reno Water System, Cleanup Contamination Caused By Its Conventional Well Wastewater Release; 1 Month Without Clean Water  [PaEN] 

-- DEP Investigates Conventional Oil Well Wastewater Leak As Possible Source Of Village Of Reno Water Supply Contamination In Venango County; Customers Under Do Not Consume Advisory For 2+ Weeks  [PaEN]

PA Oil & Gas Industry Public Notice Dashboards:

-- PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - October 12 [PaEN] 

-- DEP Posted 87 Pages Of Permit-Related Notices In October 12 PA Bulletin  [PaEN]  

Related Articles This Week:

-- Pennsylvania Voters Overwhelmingly Support Stricter Regulations On Fracking, New Poll Finds  [PaEN] 

-- Sen. Bartolotta, Sen. Yaw Announce Bill To Withhold Gas Drilling Impact Fees To Municipalities That Set More Protective Standards On Natural Gas Development Than State Law, And While There Is a Legal Challenge To Local Restrictions  [PaEN] 

-- Saint Vincent College Study Finds Counties With Shale Gas Fracking Wells Using Chemicals That Target Certain Hormones Have Greater Incidence Of Pre-Term Births, Low Birth Weights     [PaEN] 

-- The Derrick: PUC Considering Emergency Order To Have Aqua Pennsylvania Take Over 6 Rhodes Estate Water Companies [Fallout Continues From Conventional Oil Well Wastewater Spill 15 Months Ago In Venango County]  [PaEN] 

-- DEP Begins Accepting Applications For New Methane Reduction Grants To Plug Conventional Oil, Gas Wells Oct. 16  [PaEN] 

-- Evangelical Environmental Network Delivers Over 36,000 Comments From Pro-Life Christians To Gov. Shapiro, DEP In Support Of Strong Oil & Gas Industry Methane Emission Controls  [PaEN]

-- Beaver County Marcellus Awareness Community Receives Grant To Strengthen Communications and Community Engagement Initiatives   [PaEN]  

-- Beaver County Residents Invited To Join An Oct. 23 In-Person Tour Of Shale Gas Fracking Sites & Infrastructure In Washington County And Discover Its Costs  [PaEN] 

-- DEP Invites Comments On Proposed Air Quality General Permit (GP-16) Covering Gaseous Fuel-Fired Spark Ignition Internal Combustion Engines  [Copy Of Documents ]

-- Team PA & Clean Air Task Force Convene Leaders To Discuss Challenges, Opportunities Of Industrial Decarbonization; DOE Provides Update On Decarbonization Investments In PA  [PaEN] 

-- PJM Interconnection Winter Outlook: Adequate Power Supplies Available Under Normal Conditions; PJM Delays Next Power Auction After Prices Spike  [PaEN] 

-- Beaver County Marcellus Awareness Community Urges EPA To Move Forward With Strong Regulation Of Vinyl Chloride Under Federal Toxic Substances Control Act, While Calling For A Ban  [PaEN] 

-- EPA Files $4.2 Million Settlement Of Air Pollution Violations For 2019 Philadelphia Refinery Explosion, Fire; Public Comments Invited  [PaEN]

NewsClips:

-- The Energy Age Blog: ‘Amity & Prosperity’ By Eliza Griswold Thrust Fracking In Washington County, PA Into The National Spotlight 

-- Observer-Reporter: ‘Amity And Prosperity’ Book By Eliza Griswold Thrust Fracking [And Its Environmental & Health Impacts In] Washington County, Into National Spotlight  [PDF of Article]  [Part 5] 

-- Observer-Reporter: 20 Years On, Fracking’s Potential Health Impacts Eyed  [Part 4]  [PDF of Article

-- Observer-Reporter Letter: There’s Another Side To The 'Shale Gas Revolution'  [PaEN]

-- KDKA: Saint Vincent College Study Drills Down On Relationship Between Fracking Chemicals And Adverse Birth Outcomes

-- KDKA: Penn Township Residents Voice Concerns About Potential Zoning Changes To Allow More Industrial Development, Gas Facilities In Westmoreland County

-- Environmental Health Project: Health Professional’s Toolkit On Oil & Gas Development Health Impacts 

--Washington & Jefferson College: October Marks 20th Anniversary Of Marcellus Shale In Appalachia

-- Observer-Reporter Editorial: Use Reason With Fracking

-- The Economist: The Shale Revolution Helped Make America’s Economy Great  [‘It’s Like A Giant Factory Producing Energy’]  [PDF of Article

-- Spotlight PA: No One Is Using $2.6 Billion Hydrogen, Natural Gas Tax Credit, Shapiro Wants To Rewrite The Law To Boost Electricity Production

-- Utility Dive: Possible PJM Market Changes Could Lower Near-Term Capacity Prices, But Ultimately Give Rise To Higher Prices For A Longer Period Of Time - Morgan Stanley

-- The Allegheny Front - Kara Holsopple: New Guidelines Center The Needs Of People With Disabilities During Petrochemical Disasters 

-- Inquirer - Frank Kummer: EPA Reaches $4.2 Million Settlement, Largest Of Its Kind, Over 2019 Philadelphia Refinery Explosion  [Includes Copy Of Proposed Settlement]

-- WHYY - Sophia Schmidt: EPA Reaches Historic $4.2 Million Settlement Over 2019 South Philly Refinery Explosion, Fire

-- AP:  EPA Reaches $4.2 Million Settlement Over 2019 Explosion, Fire At Philadelphia Refinery

-- WPXI: Cranberry Twp. Families Left With Unanswered Questions After Natural Gas Leak Complaints From 70 Homes 

-- WPXI: Small Natural Gas Leaks Found In More Than 30 Homes In Cranberry Twp., Butler County

[Posted: October 10, 2024]  PA Environment Digest

No comments:

Post a Comment