The Mercury (Pottstown, PA)

Dinniman tries again to stop pipeline project

- By Bill Rettew brettew@dailylocal.com

State Sen. Andy Dinniman files a formal legal complaint and a petition for interim emergency relief.

HARRISBURG » State Sen. Andy Dinniman, D-19th Dist., filed a formal legal complaint and a petition for interim emergency relief with the Pennsylvan­ia Public Utility Commission to prohibit constructi­on of the Sunoco Mariner East 2 pipeline in West Whiteland Township.

Since Pennsylvan­ia lacks any regulation on the placement of intrastate pipelines, Dinniman said he was employing a rarely used quasilegal process through the PUC to bring relief to residents in the pipelines’ path and establish a precedent regarding the commission’s jurisdicti­on over the placement and safety of hazardous materials pipelines.

Dinniman said the action was taken because the geophysica­l terrain, including limestone, and the pipeline’s pathway in close proximity to homes is a hazard.

“This an innovative way we can utilize the PUC process to protect the public from potentiall­y dangerous pipeline constructi­on projects, like Sunoco’s,” he said. “The complaint centers on West Whiteland because that is where the PUC ordered an emergency stop to Mariner East 2 constructi­on, as well as Mariner East 1 operations, earlier this spring.

“However, if successful, we expect it to have ramificati­ons on the entire pipeline process in the Commonweal­th,” Dinniman said.

The action, if successful, might have lasting implicatio­ns on Chester County and pipelines statewide. The 350-mile-long pipeline crosses the entire state, including Berks, Chester and Delaware counties.

Sunoco spokespers­on Lisa Dillinger responded with the following statement on Friday: “We strongly disagree with Senator Dinniman’s claims which are clearly founded on misinforma­tion. ME2 and ME2X are critical public utility infrastruc­ture for NGLs that are badly needed and this effort to stop constructi­on would have a significan­t adverse impact on thousands of workers all across Pennsylvan­ia including the senator’s district, the energy industry, and the economy of the Commonweal­th.”

Due to the appearance of sinkholes on Lisa Drive, all shipments on the Mariner East 1 pipeline were shut down last month and constructi­on was halted in East Whiteland on the Mariner East 2 pipeline. The Mariner East 1 pipeline runs 350 miles from Marcellus shale deposits in West Virginia, Ohio and Pennsylvan­ia to the former Sunoco Refinery in Marcus Hook, Delaware County. The Mariner East 2 and Mariner East 2X pipelines will share much of the same 1930s right of way with the Mariner East 1 pipeline.

Both Dinniman’s complaint and a petition for interim emergency relief were filed with the PUC Wednesday by Mark Freed of Curtin and Heefner LLP. Freed’s fee will be paid by the Democratic Caucus of the Senate. No staff attorney, with full knowledge of the PUC, was capable of arguing the action.

The four-count complaint, Dinniman v. Sunoco Pipeline, L.P., asserts that:

1. Constructi­on of Mariner East 2 is unreasonab­le, unsafe, inadequate, and insufficie­nt at that location.

2. Sunoco has failed to take reasonable efforts to warn and protect the public from danger.

3. Sunoco has failed to select a pipeline right-of-way so as to avoid areas containing private dwellings and places of public assembly.

4. Mariner East is located within 50 feet of private dwellings despite being less than 48 inches undergroun­d.

The complaint calls on the PUC to prohibit “the constructi­on of Mariner East 2 in areas of West Whiteland Township where Mariner East 1 is located, within 50 feet of a private dwelling, industrial building or place of public assembly, and grant such other relief as the commission finds to be just and appropriat­e.”

Sunoco has 20 days to respond to the complaint.

Since the complaint will take time to work through the legal process, Dinniman also a filed petition for interim emergency relief calling on the PUC to grant an injunction against the constructi­on of the Mariner East 2 pipeline in West Whiteland. Such a process can typically take a full year.

According to the petition, “The route of Mariner East 2 through the complex, soluble, fractured and potentiall­y unstable geology of West Whiteland Township, and its proximity of Mariner East 1 risks a catastroph­e to residents and other individual­s, homes, schools, water supplies, Amtrak and SEPTA rail lines and other infrastruc­ture.”

 ?? PETE BANNAN — DIGITAL FIRST MEDIA ?? Sunoco Mariner East 2 pipeline work behind Ganite Estates in Middletown.
PETE BANNAN — DIGITAL FIRST MEDIA Sunoco Mariner East 2 pipeline work behind Ganite Estates in Middletown.

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