Daily Local News (West Chester, PA)
Crowd packs meeting in West Goshen
Township officials say they’re doing all they can about pipeline
WEST GOSHEN » In the spirit of a New England town hall, many of about 100 residents who packed a meeting Wednesday night peppered township staff, counsel and supervisors with questions and comments concerning the Sunoco Mariner East 2 Pipeline.
Residents wanted more action to stop ongoing construction and township representatives replied they were doing all that they could, and what made sense.
Special Township Counsel David Brooman told the lively audience that the township has been in litigation with Sunoco Logistics since 2014.
The township lost an “emergency request” from the Public Utilities Commission that would have immediately stopped construction of a safety valve station on the east side of Route 202 at Boot Road in early July. Sunoco has cleared the approximately five-acre area to drill from and build a safety valve.
Brooman claimed that Sunoco “didn’t comply” with a settlement agreement to build the valve on the west side of 202 at Boot Road.
Sunoco is now building on the east side at Greenhill Road.
Brooman voiced what he con-
sidered as Sunoco’s attitude: “We don’t have to comply with local law, we can condemn your property.”
Jeff Shields, spokesperson for Sunoco Logistics, countered that the courts have consistently sided with the company, ruling they have the right as a public utility to obtain the property neeed for the project.
“The Pennsylvania Public Utility Commission has already determined that the project serves a public purpose, citing the state’s need for cost effective, reliable, safer transportation of propane in determining that the Mariner East system served a public need,” Shields said. “This need was demonstrated during the polar vortex of 2013-2014 when there were propane shortages throughout the northeast, including Pennsylvania.
“Our public utility status has been confirmed by every court that has ruled on it, including six cases decided by the Pennsylvania Commonwealth Court,” Shields said.
Township Attorney Kristin Camp said that public utilities can decide whether to go through local zoning ordinances or go directly to the PUC. The PUC has determined that the oil company is a public utility and should be allowed to exercise eminent domain.
“If you are a public utility you are exempt from complying with local zoning ordinances,” Camp said. “The board’s hands are tied. The board doesn’t have the authority.”
Brooman said that there were originally 30 suits against Sunoco by municipalities, but that now the township is the “lone wolf.”
Another decision is expected from the PUC on July 25 or 26 on the township appeal to stop the valve construction, with a final decision by the full PUC board in December.
Sunoco expects to complete the pipeline by September.
“We have a very good case in front of the PUC and we think we’re going to prevail,” Brooman said.
Resident Tom Casey said the board is not doing enough to protect residents.
“My family deserves to be protected,” he said. “This fight matters for them and this board needs to react. I’m doing this because my family is in the line of fire.”
Casey has launched his own lawsuit. He said that Sunoco should comply with township ordinances, which prohibit pipeline construction within residentially zoned areas, and only in commercial areas, when allowed by the township.
Casey continues to request
that the township meet with his lawyers.
Brooman said that at the entire Northeast region is being impacted by pipeline construction. He said that there are pipelines planned and already being constructed in much of the area.
The Mariner East 2 Pipeline is one-third complete. The pipeline would zig-zag 350 miles from West Virginia, Ohio and Western Pennsylvania and would carry Marcellus Shale products such as ethane, butane and propane to the former Sunoco refinery in Marcus Hook, Delaware County. When they are up and running, the two Mariner East 2 pipelines will be carrying 350,000 barrels of the natural gas liquids under high pressure across the region.
West Chester Pike resident Jim Deorio asked the board how the pipeline
could be allowed to snake just seven feet away from SS.. Peter and Paul Elementary School.
Superintendent Ray Halverson said the board is doing all it can.
“Our intentions are to go as far as we can,” Halverson said.
Supervisor Chris Pielli said the township has gone through a “real knock-down, drag-out process,” while Sunoco has acted with “arrogance.”
He said that not everyone is going to be happy.
“We are trying,” Pielli said. “I’m being openminded. If we see an opening somewhere than we’re
going to jump on it.”
Lily Middlebrook is an attorney and township resident. She called for residents to also fight on the national and state levels.
“People don’t know who they’re voting for,” she said. “Get (representatives) to change their stupid laws.”
Shields cited the many positive aspects of the pipeline, inlcuding:
Additional relevant examples, according to Shields:
• New propane distribution points in Lebanon and Berks counties in Pennsylvania;
• A new electricity-generating station in Cambria County will use ethane
from Mariner East 2 to create electricity for use by consumers;
• Butane shipped through Mariner East can be used as a component of gasoline here in Pennsylvania.