Case Document 109-1 Filed 08/13/15 Page 1 of 1

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DEPARTMENT OF ENVIRONMENTAL
PROTECTION

August 12, 2015

Mr. Jim P. Ashbaugh

VP Engineering

General Energy

120 Market Street

Warren, 16365

CERTIFIED MAIL: 7003 2260 0004 3690 3845

Re: Suspension of Review of Marjorie C. Yanity Well #1025 Permit Application, Grant Township, Indiana
County

Dear Mr. Ashbaugh:

This letter is to inform you that the Department has suspended its review of your permit application
submitted on March 31, 2015 seeking to change the use of Well N0. 37?063?31807-00-00 (Authorization 
1069509) from production to injection. The proposed project is located in Grant Township, Indiana County,


The Department has nearly completed its technical review of this permit application, and is preparing
responses to public comments the Department received pertaining to the application. However, a conflict between
this project and an ordinance adopted by Grant Township entitled Community Bill of Rights Ordinance (Grant
Township Ordinance) has been brought to our attention.

The Department is aware that you are disputing the validity of the Grant Township Ordinance in the United
States District Court for the Western District of (Dkt. No. 14?209). The Department also recognizes
that there is a serious question regarding the constitutional validity of the Grant Township Ordinance, and that a
similar local ordinance enacted by Blaine Township was determined to be invalid in Penn Ridge Coal, LLC v.
Blaine Township, 2009 US. Dist. LEXIS 84428 (W.D. Pa. Sept 16, 2009). However, as part of its permit
application review, the Department has an obligation to consider applicable local ordinances related to
environmental protection and the Commonwealth?s public natural resources. In the event of a con?ict between a
permit application and a local ordinance, the Department may suspend its review of the application until the
conflict has been resolved.

As a result of the con?ict between your application and the Grant Township Ordinance, and the potential
for legal action against Department employees being brought pursuant to this local ordinance, the Department has
decided to suspend its review of your permit application pending a court decision concerning the validity of the
Grant Township Ordinance. The Department will take a ?nal action regarding issuance of the permit once a court
has determined the validity of the local ordinance.

If you have any questions regarding this letter, please contact me at 717?783?9438.
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Scott R. Perry
Deputy Secretary

Oil and Gas Management

Bureau of Oil and Gas Planning and Program Management
Rachel Carson State Of?ce Building 1 PO. Box 8765 Harrisburg, PA 17105-8765 717.772.2199