Pols taking a stand against Mariner East pipeline project
HARRISBURG >> Sen. Tom Killion, R-9 of Middletown, submitted direct testimony to an administrative law judge as part of Flynn v. Sunoco Pipeline, L.P., the leading complaint filed regarding the Mariner East pipelines that bisect Chester and Delaware counties. Killion is the only state legislator who is a party to a pipeline-related complaint.
“Because the installation and operation of these pipelines is subject to federal and state statutes and regulations, I am committed to using every resource at my disposal to protect the residents of my district,” Killion said.
The sponsor of more than a dozen pieces of pipeline safety-related legislation, Killion emphasized three specific areas of concern in his testimony: the absence of a mass early warning system for those living in proximity to the pipelines; Sunoco’s failure to disclose information to emergency management officials vital to preparing for disaster prevention and response; and the lack of independent studies related to the impact of the pipelines.
“I can get text alerts when I get packages delivered, the scores of my favorite teams’ games and about a coming thunderstorm, but Sunoco can’t provide an early warning system for those who live and work close to the pipeline,” noted Killion. “That’s inexcusable.”
Killion’s second concern is Sunoco’s apparent refusal to disclose information to emergency management officials to facilitate effective planning is the subject of his legislation, Senate Bill 284 which was cited by Administrative Law Judge Elizabeth Barnes in a Dec.
18, 2019. That initial decision in Pennsylvania Public Utility Commission Bureau of Investigation and Enforcement v. Sunoco Pipeline, L.P. focused on an alleged incident involving a leak of highly volatile liquids of ethane and propane from the Mariner East 1 pipeline in Morgantown, Berks County, on April 1, 2017.
Senate Bill 284 would mandate that pipeline operators provide current Emergency Response Plans to the Public Utility Commission to be responsibly and confidentially shared with county emergency services agencies for the purpose of coordinating a response to a pipeline incident.
“County emergency officials must have the information they need to make sure first responders can effectively react to an emergency,” Killion said. “Currently, pipeline operators have the authority to decide what is or is not confidential security information. That’s not acceptable.”
Kurt Knaus, a spokesman for Pennsylvania Energy Infrastructure Alliance and supporter of pipeline construction, downplayed the latest flap tied to the Mariner East project.
“Pipelines are nothing new in Pennsylvania.,” Knaus said. “Some politicians see opposition to the safest energy transportation network as a political calculation, all because of the ‘Not In My Back Yard (NIMBY)’ mentality of a few vocal constituents. Mariner East has exceeded regulations and will continue to ensure its safe operation.”
Mariner East is a multibillion dollar project being built and operated by Texas-based Energy Transfer Partners. It will transport hundreds of thousands of barrels of highly volatile liquid gases to a facility in Marcus Hook every day.
Regarding the need for independent studies of the pipelines’ impact, Killion testified, “An independent expert would be free to give an unfettered opinion and report on the value of manual vs. remote and automatic shutoff valves, the remaining life of the pipelines, and anti-corrosion technology and the available methods to make the pipelines, especially the older ones, safer.
“An independent expert, cloaked with the authority to review and comment on the impacts of the pipeline would also have a tremendous benefit to public awareness and the need for additional safety measures to address risks,” Killion testified. “This independent expert could address environmental concerns, study wildlife habitats, geology, water quality and other concerns of a public nature.”
“This administrative law process is one way in which we can make sure those living in close proximity to the pipelines are kept safe and that emergency management personnel have the information they need to properly respond to an incident,” he said.
The pipeline right-of-way runs through West Goshen Township resident Tom Casey’s neighborhood.
“It is great to see state legislators starting to wake up to the fact that our communities are I’ll prepared for a massive emergency regarding pipelines and wish to introduce new legislation on our behalf,” Casey said. “However, what would be more prudent is to put pressure on the one person that could do something about this mess and that’s Gov. Wolf.
“PA Title 35, chapter 73 says that the state is required to have plans in place at all levels. By the state allowing private for profit entities the ability to say what information is deemed unredacted or important then they are allowing the public to be put at risk and forcing state agencies to be out of compliance with Title 35.
To clarify, 7313(6) says, “To supply appropriate Commonwealth and local agencies and officials and the GENERAL PUBLIC with precautionary notices, watches and warnings relating to actual and potential disasters and to provide a flow of official information and instructions to the general public through all means available before, during and after an emergency.
“How can the state comply with its own directives if they don’t demand companies provide the proper details? New bills are good; existing laws are better.”
Caroline Hughes is a Killion constituent and released the following statement:
“The families impacted by Mariner East are far from myopic NIMBYs that industry spokesmen like Mr. Knaus frequently label in an effort to dismiss our valid concerns. Who are we, instead? We are county governments, scores of municipalities, elected officials and thousands of residents across the Commonwealth who have had a front row seat to Sunoco’s gross incompetence, negligent practices, and inadequate planning on a project that transports highly pressurized, highly explosive materials mere feet from homes and schools.
“Our state agencies have failed to hold this egregious operator fully responsible for ruining homes, wells and waterways, levying fines a fraction of a day’s income that allows Sunoco to simply pay to pollute. I applaud Senator Killion and any other legislator who has joined communities across Pennsylvania to protect our rights and our safety. Gov. Wolf’s unfortunate legacy will include placing overseas plastics production over the lives of his constituents.”