Archbald power plant testimony criticized over lack of specifics

ARCHBALD — Testimony on the Essential Energy LLC natural gas power plant proposed for Eynon Jermyn Road stoked more uncertainty Tuesday night.

An engineer for the project tried to assure council members and the community that a power plant proposed near homes, parks, schools and businesses can be built and operated without creating a significant hazard to public health. A lack of specificity permeated the three-hour hearing. Details on the power plant will come, but after council approves the project’s conditional use application, according to testimony from civil engineer W. Casey Deller.

Deller, a vice president at KCI Technologies, deferred answering questions on topics including: how much electricity the power plant would generate; expected emissions; what equipment it would use, including the specific number of turbines; its natural gas source; how a natural gas pipeline would connect to the site; impacts on a nearby residential development during rock blasting; and the power plant’s water source and water consumption.

At every prior hearing, Essential Energy’s representatives referred to their project as a 400-megawatt power plant.

But Deller said Tuesday, “We believe that the site will be suitable to produce power to somewhere in that range.”

“It could be less,” he said. “It could be more.”

About 70 community members at the Valley View High School auditorium heard testimony and cross-examination on a “site, project and operational safety report.” An accompanying study looked at possible mine hazards associated with both the power plant and the proposed Project Boson data center across the street. The geohazard study only references Project Boson, though Deller emphasized it encompassed the entire parcel, which includes the Essential Energy site. The property was previously the Highway Auto Parts junkyard.

During his testimony, Deller provided an overview of his 92-page report and accompanying study into the mines beneath the project.

“Based on all of the documentation and studies that have been performed to date, I feel that the site is very suitable for a facility of this nature,” he said.

Council members and data center opponents pressed for more information.

Councilwoman Lisa Osborne pointed out the difficulties in making a decision without details.

“The problem that I have is we have to make a decision based on the conditional use application, of which now we have another very large document that really isn’t telling us any specifics to help us make a decision on whether or not this is going to be good for the health and welfare and security of our constituents,” she said. “That’s what I struggle with with all of this information.”

Deller said the permitting process — not the zoning process — would determine those details.

“The permitting tract and everything that we’re required to do from a design standpoint requires us to show compliance or exceedance of standards across the board, whether that’s air or stormwater or environmental,” he said. “If we don’t show those standards during the permitting process, we don’t get our permit. We don’t build this facility.”

Essential Energy and Project Boson are affiliated with Kriger Construction Inc. and its executive leadership. PDC Realty LLC, bought the land a year ago for $1,575,000. Kriger Construction President Jim Marzolino is the governor of PDC, according to a Pennsylvania Department of State business registry.

Other Kriger Construction-affiliated companies propose four data centers and three power plants across Bell Mountain above Business Route 6 in Dickson City.

‘Lame excuse’

The hearing opened on a contentious note.

When Osborne pointed out that Deller’s resume was missing from the documents provided to council, Essential Energy attorney Frank Hoegen handed her a large binder.

“You gave it to me, but there’s more than just me,” Osborne said.

“Well, you can pass it around,” said Hoegen, of Hoegen & Associates in Wilkes-Barre.

The crowd groaned.

“This is starting off in a good way,” Osborne shot back.

The councilwoman also criticized the developer’s lack of on-screen presentations. Hoegen contended the report didn’t lend itself to publication on an overhead.

Councilman Larry Marchetti admonished Essential Energy over the timing of its safety report.

“With all due respect, when we get this three minutes before the meeting, that’s a pretty lame excuse,” Marchetti said.

‘Character is subjective’

Attorney Justin Richards of Elliott Greenleaf PC in Wilkes-Barre, who represents borough residents opposing data centers, cited statutes from Archbald’s zoning ordinance during cross-examination.

The ordinance states that an “applicant shall establish by credible evidence that the application complies with all applicable requirements.” The ordinance requires that the proposed use won’t substantially negatively change the character of the surrounding residential neighborhood. It also mandates that projects “shall not create a significant hazard to the public health and safety such as fire, toxic or explosive hazards.”

Each of the safety report’s conclusions is framed hypothetically to say that a facility can be built to meet those standards, though there are no detailed designs, Richards noted.

“These are all carefully worded conclusions,” Richards said.

Richards described the site’s proximity to residential neighborhoods, Staback Park and its recreational areas, the Valley View School District, a golf course and small commercial businesses.

“Is it your testimony that a 400-megawatt, 80,000-square-foot co-gen plant would not substantially negatively change the character of these residential neighborhoods?” Richards asked.

“Substantially impact the character of the neighborhoods — I think character is subjective here,” Deller said.

Richards continued, “Are you able to testify whether it is your belief that this proposed plant is in keeping with the character of these neighborhoods?”

“I think it can be,” Deller replied.

‘Subsequent stages’

Cancer survivor Karen Timmons lives in the Highlands Archbald development less than a quarter-mile from the proposed power plant. Her neighbors are 65 and older, and many of them have major chronic health conditions, she said. Timmons worried about how the emissions would impact her community. She cited four studies and submitted her documents to council, explaining emissions are not evenly distributed. Instead, they create microclimates close to the facility with heavy localized concentrations.

Deller told her it would be addressed during the air permitting process mandated by the U.S. Environmental Protection Agency.

Stop Archbald Data Centers co-founder Tamara Misewicz-Healey asked if Deller can prove the project is safe based on his company’s report.

“The proof comes during subsequent stages of the project,” he said.

She also inquired about how the power plant would get its natural gas, citing Archbald’s zoning ordinance and its required setbacks for natural gas pipelines, which are more stringent near places such as nursing homes, daycares and schools where people can’t self-evacuate.

The pipeline would have to either comply or seek relief, but they don’t know where the line would come from, Deller said.

“How can you build a power plant without knowing you could get the gas there?” Misewicz-Healey rebutted.

“If it turns out that the gas can’t be supplied to a gas-fired power plant, then there is no gas-fired power plant,” Deller said.

Misewicz-Healey continued, “So you put in all this money and time, and you’re not sure if you can supply gas to it?”

“Correct,” he said.

Cross-examination and testimony will continue Aug. 18 at 5 p.m. at the Valley View High School auditorium, 1 Columbus Drive, Archbald.

Archbald’s special counsel, attorney Brett C. Flower, asked to defer her cross-examination so the borough’s professionals can review the safety report. Archbald Solicitor Jay O’Connor approved her request. Resident Meg Nudelman will also question Deller at the start of the next hearing.