What's going on with state drilling ordinance reviews?

As the state Supreme Court prepares to hear a challenge next week to the July Commonwealth Court ruling that a portion of Pennsylvania's new drilling law unconstitutional, a number of towns' local shale rules remain in limbo.

While the appeal has been pending, the state Public Utility Commission has begun review of requests for either the agency's informal or binding opinions on whether local ordinances go too far in their attempts to regulate gas drilling. 

Part of the agency's new authority to determine whether local rules comply with the new state rules in Act 13 remains on hold, but the PUC says it still is charged with reviewing those ordinances to see if they meet other criteria related to drilling operations and environmental issues.

Those reviews fall into two categories: informal advisory requests, filed by municipal or county officials and which carry no penalty for non-compliance, and official reviews.

Four towns are awaiting official rulings on whether their drilling rules are acceptable. All four -- South Fayette, Robinson, Cecil, and Mount Pleasant -- are part of the Act 13 legal challenge, along with Peters and two Bucks County towns. 

If the PUC responds to the official review requests filed by local residents or drillers that a set of municipal rules do not comply with the new state law, they stand to lose their share of the new impact fee dollars that will be distributed this fall.

Here's an update -- according to data available on the PUC website as of Oct. 9 -- on the opinions issued by the agency, with links to official documents:

PENDING OFFICIAL REVIEWS:

1. South Fayette
   • From resident William Sray: Filed June 21 (denied in July), refiled August 9; Township responded September 7; Docket page
     • P-G articles on review request; the township's response
   • From Range Resources: Filed August 30; Docket page
     • P-G article on review request
2. Robinson 
   • From resident Rodger Kendall: Filed August 27; Township responded September 20; Docket page
     • P-G article on review request
3. Cecil
   • From resident Alan Rank: Filed September 7; Docket page
     • P-G article on review request
4. Mount Pleasant
   • From resident Tony Pawlosky: Filed September 8; docket page
     • P-G article on review request

ADVISORY OPINIONS ISSUED:

1. Fayette County - 9/5/2012
2. North Towanda, Bradford - 9/5/2012
3. City of Pittsburgh- 9/10/2012
   • P-G article on opinion
4. Athens, Bradford County - 9/10/2012
5. Graham, Clearfield County - 9/10/2012
6. Washington Township, Erie County - 9/19/2012
7. Connellsville, Fayette County - 9/19/2012
8. Monaca, Beaver County - 9/19/2012
9. Allegheny Township, Westmoreland County - 9/21/2012
10. Roaring Brook Township, Lackawanna County - 9/21/2012
11. Kidder Township, Carbon County - 10/2/2012
12. Newton Township, Lackawanna County - 10/2/2012
13. Shippingport, Beaver County - 10/2/2012