PIPELINE GETS GREEN LIGHT
JUDGE OKS CONSTRUCTION DESPITE HAZARDS
CHADDS FORD » In a 212-page opinion issued April 12, a judge at the Public Utility Commission confirmed Wednesday some of the safety problems raised by the Safety 7 lawsuit. But the judge, Elizabeth Barnes, stopped short of requiring that the pipelines be shut down until their safety could be assured, which the Safety 7 asserted is what the law requires.
Among many other problems, Barnes found that Sunoco’s two currently-active pipelines — the 8-inch Mariner East 1 and the 12inch “workaround” pipeline — are not buried deeply enough in some locations, that the steps first responders might take in the event of leaks need to be re-evaluated. And that Sunoco, in its public-awareness program needs to make sure the public is informed that leaks from these lines can cause “property damage, personal injury, burns, asphyxiation, and death.”
Sunoco has reported a series of hazardous liquids accidents on both of these pipelines across Chester and Delaware Counties.
In her ruling, Judge Barnes noted that the blast zone from a leak could exceed 2,800 feet (over half a mile), which Sunoco has been unwilling to acknowledge. In the publicly released version of her ruling, the actual extent of the blast zone is redacted at Sunoco’s request. However, a recent study obtained by Delaware County indicates that the fatal blast radius could extend 6,800 feet from the point of a large release.
The judge also fined Sunoco a token $2,000.
Beyond the details of this ruling, the Safety 7 case has had an important effect in raising public awareness of the unresolved safety issues surrounding the proposed Mariner East project. For example, it has highlighted the limitations of the PUC in enforcing public safety and in regulating pipeline siting. In large part because of this case, the PUC has begun a rulemaking process that will help to clarify what the PUC’s role in these areas should be. There are also new efforts by Harrisburg lawmakers to tighten the regulations around future pipeline projects.
The public safety concerns involved in this case prompted several school districts and townships and both Chester and Delaware Counties to join in this case as intervenors. Remarkably, over $200,000 was raised in support of the case and the Citizens Risk Assessment that led to it, mostly from public appeals and small grants.
The full PUC must still confirm the judge’s opinion, and then it remains to be seen whether any party will appeal to Commonwealth Court, so the ultimate outcome is not yet clear. But the case has already highlighted Sunoco’s lack of attention to safety and the inadequacy of Pennsylvania’s laws and regulatory procedures to protect its citizens and their private property from a determined and well-funded pipeline builder.