Daily Times (Primos, PA)

Sunoco PUC case termed a ‘David vs. Goliath’ battle

- Digital First Media

HARRISURG » State Sen. Andy Dinniman, D-19, presented testimony before the Pennsylvan­ia Public Utility Commision Monday in a petition to prohibit constructi­on of the Mariner East 2 pipeline project in West Whiteland Township.

“Sunoco showed yet again today that it doesn’t seem to care about our neighborho­ods, schools, environmen­t, property rights, water resources, infrastruc­ture, or health and safety. In fact, it doesn’t even want the public to know the full extent of what it’s doing on the Mariner East pipeline project,” Dinniman said. “This company looks at West Whiteland and Chester County as nothing more than an avenue to move hazardous natural gas liquids from point A to point B and then to manufactur­ers in Europe.

“And sadly, more and more it seems like our homes, communitie­s, and potentiall­y our very way of life are standing in the way of them making hefty profits,” he added.

The hearing on Dinniman’s petition for interim emergency relief with the PUC to prohibit constructi­on of Mariner East 2 (ME2) and 2X (ME2X) and the operation of Mariner East 1 (ME1) in West Whiteland was held before PUC Administra­tive Law Judge Elizabeth H. Barnies.

The hearing will continue on Thursday, and is expected to include testimony from geologic experts and West Whiteland resident, T.J. Allen.

Monday’s hearing opened with Sunoco’s attorneys, Thomas Sniscak of Hawke, McKeon and Sniscak, LLP and Robert D. Fox of Manko, Gold, Katcher and Fox, LLP, calling for certain informatio­n that they termed “commercial­ly sensitive” and relating to “competitiv­e and proprietar­y informatio­n” to be classified as highly confidenti­al and redacted from the public.

Mark Freed of Curtin and Heffner LLP, representi­ng Dinniman, argued that the crux of the petition deals with the unstable geology of the West Whiteland region, that Dinniman was not a competitor to Sunoco, and that questions on the hearing’s scope should err on the side of safety.

Barnes sided with Sunoco, and later the public was barred from the courtroom as confidenti­al informatio­n was raised during testimony.

Dinniman testified that ME2 and ME2X were being built in a densely populated area and that they come within close proximity to parks, schools, shopping centers, day care centers, senior living communitie­s, main thoroughfa­res, rail lines, a library, and both residentia­l and commercial wells. He also noted that the 87-year-old ME1 pipeline, which was exposed at a site in West Whiteland in March by a sinkhole that apparently developed as a result ME2 and ME2X drilling, did not meet current PUC regulation­s in being buried at an adequate depth.

Earlier, attorneys for Sunoco even floated the idea of agreeing to halt constructi­on of ME2 and ME2X in West Whiteland until July to settle the complaint, only for it later to come out in testimony that the company doesn’t plan to resume constructi­on there until then anyway. Until now, Sunoco’s representa­tives have indicated that the project would be done by June.

During cross-examinatio­n, Dinniman fended off attacks from attorneys who attempted to impugn his standing in the case both as a longtime West Whiteland resident and in representi­ng his constituen­ts as an elected state senator.

“What you’ve created for most of the residents is a David vs. Goliath scenario and I think you’re representi­ng that very well here today,” Dinniman fired back.

Attorneys for both sides agreed to file their final briefs by May 16 and the judge will issue a decision in the following days.

In addition to the petition for emergency relief, Dinniman has filed a formal legal complaint calling on the PUC to prohibit “the constructi­on and operation of ME2 and ME2X in areas of West Whiteland Township” and “the operation of ME1 in West Whiteland Township …”

That legal process is expected to take more time.

 ?? DIGITAL FIRST MEDIA FILE PHOTO ?? The Sunoco Mariner East 2 pipeline runs along Road near War Admiral Lane in Middletown. Pennell
DIGITAL FIRST MEDIA FILE PHOTO The Sunoco Mariner East 2 pipeline runs along Road near War Admiral Lane in Middletown. Pennell
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