In this file photo, Mariner East 2 pipeline construction crews work in the backyards of homes on Lisa Drive in West Whiteland Township, Chester County, on May 2, 2018 after sinkholes opened in the area. That caused one of the ME2 project's many delays.
Marie Cusick / WITF
PUC keeps lid on Mariner East 2 work, but allows ME1 to re-start
In a 3-2 vote, the PUC said Mariner East 1 is not a public safety threat. But it approved a judgeâs order on Mariner East 2
Susan Phillips tells stories about the consequences of political decisions on people's every day lives. She has worked as a reporter for WHYY since 2004. Susan's coverage of the 2008 Presidential election resulted in a story on the front page of the New York Times. In 2010 she traveled to Haiti to cover the earthquake. That same year she produced an award-winning series on Pennsylvania's natural gas rush called "The Shale Game." She received a 2013 Alfred I. duPont-Columbia University Journalism Award for her work covering natural gas drilling in Pennsylvania. She has also won several Edward R. Murrow awards for her work with StateImpact. In 2013/14 she spent a year at MIT as a Knight Science Journalism Fellow. She has also been a Metcalf Fellow, an MBL Logan Science Journalism Fellow and reported from Marrakech on the 2016 climate talks as an International Reporting Project Fellow. A graduate of Columbia School of Journalism, she earned her Bachelor's degree in International Relations from George Washington University.
Marie Cusick / WITF
In this file photo, Mariner East 2 pipeline construction crews work in the backyards of homes on Lisa Drive in West Whiteland Township, Chester County, on May 2, 2018 after sinkholes opened in the area. That caused one of the ME2 project's many delays.
Updated: 2018-06-14 16:40:20
Jon Hurdle
A sign at a June 9 demonstration in West Chester reveals one reason why some people oppose the Mariner East 2 pipeline project.
Construction on Sunocoâs Mariner East 2 natural gas liquids pipeline project in part of Chester County will remain shut down for now, but Mariner East 1 can re-start.
The stateâs Public Utility Commission on Thursday modified an administrative law judgeâs order that stopped work on Mariner East 2 and operation of Mariner East 1 in Chester County until the PUC could assure its safety.
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The commission voted 3-2 to approve PUC Chairman Gladys Brownâs motion that there is âno new credible evidenceâ that operation of ME1 âposes a clear and present danger to life or property in West Whiteland Township;â and that the commission needs more information from Sunoco before deciding whether ME 2 construction can âsafely re-startâ in the township.
Within 20 days, Sunoco must provide inspection and testing protocols; comprehensive emergency response plans; and safety training curriculum for employees and contractors. The PUC also wants Sunoco to verify that the Department of Environmental Protection has issued necessary permits for the projectâs construction.
Administrative Law Judge Elizabeth Barnes on May 24 granted an emergency petition by state Sen. Andy Dinniman (D-Chester County) calling for the pipeline construction and operation to be stopped in West Whiteland Township until the PUC determines it is safe.
PUC commissioners John Coleman and Norman Kennard dissented. Coleman read a statement saying they donât believe there is evidence to indicate Mariner East 2 work poses a public safety threat.
âThe senator has not shown that there is an immediate safety threat that warrants halting construction of ME2 and ME2X,â Coleman said. âTherefore we do not believe that Senator has met the burden of proof for emergency relief.â
Jon Hurdle
State Sen. Andy Dinniman, (D-Chester County) with his dog Jagger, told protesters in West Chester on Saturday that state officials must ensure the Mariner East pipelines donât endanger public safety.
Dinniman reacted to the decision by calling it a âmixed bag.â
âI donât understand why the PUC would affirm some of the public safety issues at stake involving the construction of Mariner East 2 and 2X, but completely ignore others involving Mariner East 1,â Dinniman wrote in a statement. âAfter all, thatâs the one that potentially presents the most immediate danger to my constituents.â
Dinniman says he still has safety concerns regarding the operation of the Mariner East 1, originally a gasoline pipeline built in the 1930s but recently repurposed by Sunoco to carry natural gas liquids.
Judge Barnes agreed with Dinnimanâs claim that the project posed a threat to public safety in West Whiteland Township.
She found there was âan imminent risk to the public and a need for immediate relief and further study to be done.â
âAdditionally,â she wrote, âlocal and state government needs time to create emergency evacuation and notification plans and to educate the public before operations should resume.â
Energy Transfer Partners, Sunocoâs parent company, ripped Barnesâ decision, saying there was no basis for the ruling. It was âa significant departure from the lawâ and âupends Pennsylvaniaâs entire regulatory environment.â
The company spokesperson Lisa Dillinger said ETP is happy with the PUCâs decision to re-start Mariner East 1 but criticized the decision to keep construction halted on Mariner East 2.
âThis can only be seen as an inherently political decision as Senator Dinniman does not have legal standing to bring this suit in his political capacity and if he lacks standing, the entire administrative law judgeâs decision should have been reversed,â Dillinger said. âWe will consider our legal options, as no business or person in Pennsylvania should have to worry about not receiving a fair proceeding; and we will plan accordingly in order to keep ME2 on schedule for in service as stated.â
The company has said the project meets or exceeds state and federal standards. It noted that the PUC had already investigated Mariner East 1 and deemed it safe. The PUC shut down Mariner East 1 in March because of concerns it could be threatened by sinkholes near Mariner East 2 construction in West Whiteland Township. On May 3, the PUC determined there was no problem, and allowed ME1 to re-open.
Barnesâ May 24 ruling was the latest blow to the cross-state project that has been plagued with legal, environmental and technical problems since it started construction in February 2017.
The latest shutdown is the third ordered by judges or regulators during that time. In January, the Department of Environmental Protection stopped work and issued a $12.6 million penalty to Sunoco for continuing spills, saying the company had been âegregiousâ in breaking environmental rules.
The company has said the repeated delays do not alter its plans to start operating Mariner East 2 in the third quarter.
The new pipelines will carry propane, ethane and butane from southwest Pennsylvania and Ohio to a terminal at Marcus Hook in Delaware County, where most of the fuel will be exported. The company says some propane will be taken from the line to supply domestic markets.
The company previously estimated the construction cost for Mariner East 2 at âmore than $2.5 billion.â Dillinger said recently that the company has not disclosed the updated cost.
Sunoco can seek to have the PUC reverse the emergency petition and restart construction on Mariner East 2 as long as it complies with the requirement to provide further information to the commission within 20 days. Judge Barnes has yet to schedule hearings or rule on Dinnimanâs underlying petition.
StateImpact Pennsylvania is a collaboration among WITF, WHYY, and the Allegheny Front. Reporters Reid Frazier, Rachel McDevitt and Susan Phillips cover the commonwealthâs energy economy. Read their reports on this site, and hear them on public radio stations across Pennsylvania.
Climate Solutions, a collaboration of news organizations, educational institutions and a theater company, uses engagement, education and storytelling to help central Pennsylvanians toward climate change literacy, resilience and adaptation. Our work will amplify how people are finding solutions to the challenges presented by a warming world.