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Baltimore judge extends temporary ban on BGE’s external gas pressure equipment

Dec 29, 2023

A Baltimore judge has tacked 60 days onto an order requiring Baltimore Gas and Electric Co. to temporarily halt the installation of external gas pressure regulators without homeowners’ consent and to restore gas services to residents who object to the equipment’s placement.

Circuit Court Judge John S. Nugent on Friday denied BGE’s motion to cancel a preliminary injunction hearing that was scheduled for Monday. Instead, the judge postponed the hearing to Sept. 5 and extended a 10-day temporary restraining order he issued on June 28.

BGE had filed a motion Wednesday to cancel or postpone Monday’s hearing on “mootness grounds.”

The extended order also continues to require BGE to restore gas to anyone whose service was cut off because they refused an exterior regulator.

Members of eight communities, including Fells Point, Federal Hill, Canton and Pigtown, filed a class-action lawsuit June 23 objecting to a BGE upgrade that has forced residents to accept equipment they believe is obtrusive and unsafe, or risk losing gas service. On Wednesday, West Baltimore residents joined the lawsuit aimed at stopping the forced installation of exterior regulators.

The number of plaintiffs in the class has grown to more than 400 members, said Thiru Vignarajah, the attorney for the plaintiffs, on Friday.

“Plaintiffs made it clear that we were ready to go to court on Monday — at the same time, we are grateful for the additional time,” as the plaintiff class has increased, Vignarajah said in a statement.

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BGE said its work to relocate the regulators has been reviewed and approved by the Maryland Public Service Commission, which regulates utilities in the state, and granted a permit by the city and follows laws and BGE standards.

“BGE continues to believe that this work is in the best interest of our customers’ and communities’ safety,” said Talon J. Sachs, a BGE spokesperson, in an email Friday. “BGE, however, will comply with the Court’s decision and will not continue the installation of external gas regulators unless directed otherwise by the Maryland Public Service Commission.”

On Wednesday, Vignarajah had accused BGE of waging a “deliberate, protracted, unapologetic campaign” over years to move in and out of neighborhoods installing external regulators for its own profit at the expense and over the objections of homeowners.

BGE has said exterior regulators are necessary in a project to replace aging, low-pressure gas infrastructure with a more reliable, higher-pressure system. Outside regulators reduce pressure from the service line for use in households, the utility has said.

Residents argue indoor pressure regulators have been offered in some recently completed upgrades.

Residents have begun filing complaints with the public service commission. The commission announced Friday it plans to hold a hearing at 10 a.m. Aug. 15 to review BGE ‘s regulator relocation process.

Customers have filed numerous complaints with the commission’s consumer affairs division, said Tori Leonard, a commission spokeswoman.

Commissioners will be seeking comments related to issues such as the legal authority governing residential gas regulator relocation, public safety and engineering practices, and termination of service because of lack of access to company equipment.

Members of the public can file comments online or by mail to Andrew S. Johnston, executive secretary, Maryland Public Service Commission, William Donald Schaefer Tower, St. Paul Street, 16th Floor, Baltimore, Md. 21202.

Comments should include a reference to “BGE Gas Service Regulator Relocation” and be submitted by Aug. 11.