THE COUNTY OF CHESTER

 

 

   

COMMISSIONERS OFFICE OF THE COMMISSIONERS
Michelle Kichline 313 W. Market Street, Suite 6202
Kathi Cozzone P.O. Box 2748

Terence Farrell West Chester, PA 19380-0991

(610) 344-6100

5 June 2018

Rosemary Chiavetta, Secretary
Public Utility Commission
Commonwealth Keystone Building

400 North Street, Filing Room
Harrisburg, PA 17120

Re: State Senator Andrew Dinniman v. Sunoco Pipeline Docket No. P-2018-
3001453; Docket No. C-2018-3001451

Dear Secretary Chiavetta,

We write you to encourage the Public Utility Commission to uphold the suspension of the Mariner East
project ordered by Administrative Law Judge Elizabeth Barnes. During the hearing that led to that
Order, testimony was provided about the impact of Sunoco?s Mariner East construction in West
Whiteland Township. While that testimony was extensive, it still barely touches on the extent of
concern expressed by residents across Chester County to the County Commissioners and our
Department of Emergency Services.

Our Department of Emergency Services provides the County 9~1-1 Communications Center, County
Fire Marshal Of?ce, and extensive police, ?re, Emergency Medical Services, rescue, and Hazardous
Materials administration, coordination, and training in support of our local ?rst responders. They also
provide the County?s Emergency Management organization, being responsible for county?wide plans
and coordination of any emergency which would overwhelm a local municipality or any emergency
involving two or more municipalities Within Chester County. Finally, and perhaps most importantly,
they also provide the County?s state-certi?ed Hazardous Materials Response Team. The Hazardous
Materials Response Team is responsible for responding to any hazardous material incident and
mitigating the effects of such incident until the responsible party can provide a clean-up crew. We
provide this background so you understand the Chester County Department of Emergency Services has a
valid need?to-know on a number of the concerns we will express.

Chester County continues to experience dif?culties with Sunoco Pipeline Energy Transfer Partners
with regard to the Mariner East Pipeline Project (Mariner East 1, Mariner East 2, and Mariner East 2X).
Chester County has experienced multiple spills of drilling mud that have contaminated local streams,
aquifers, drinking water, and wells. Sink holes are threatening the stability of the ground, nearby homes,
and even Mariner 1. All of this occurs with Sunoco not making emergency responders aware or
communicating any information about these issues. In fact, our Department of Emergency Services
learns about the majority of issues involving the Mariner East Pipeline Project through local media
reports and community members.

 

A majority of the areas traversed by the Mariner East Pipeline Project are in high consequence areas of
dense, vulnerable populations in close proximity to the pipelines. Given the population which could be
affected by this project, we ?nd it appalling that Sunoco has failed to proactively share their Risk
Assessment and full Integrity Management Plan with appropriate emergency reSponders. In fact, our
Department of Emergency Services has seen Sunoco?s Risk Assessment only after requesting a brie?ng.
In order to receive that brie?ng our personnel were required by Sunoco to sign a Non-Disclosure
Agreement limiting their ability to discuss the contents of the Risk Assessment with anyone outside of
the brie?ng. Further, Sunoco has yet to share their full Integrity Management Plan with our Department
of Emergency Services. After more than three months and two cancelled brie?ngs by Sunoco, our
personnel still await a brie?ng. The brie?ngs have been cancelled because Sunoco has had to appear in
Court or before the Public Utility Commission. This raises our concern that they prioritize pro?t over
safety and they lack the necessary depth of subject matter experts to be able to multi?task by providing
the brie?ng and appearing before the Court or the Public Utility Commission. On top of that, Sunoco
won?t share the Integrity Management Plan brie?ng with local municipal emergency management
coordinators and local emergency responders, instead insisting on the brie?ng be limited to Department
of Emergency Services personnel who will, again, have to sign a Non-Disclosure Agreement. Our
Department of Emergency Services has also asked for copies of Sunoco?s Emergency Response and
Communications Plans and have been told we either need to go to Marcus Hook to see it or make a
formal request to PHMSA, another example of how dif?cult Sunoco makes it to receive important
public safety information. We are deeply troubled by Sunoco?s lack of transparent approach to this
critical safety information, hampering our Department of Emergency Services and local ?rst responders
from doing their job. We are also concerned because Sunoco?s lack of transparency with this
information has created a gravely dangerous situation where the public is left to develop their own
information, often misleading and incorrect.

Many residents along the pipeline route have asked about evacuation plans in the event of a pipeline
emergency. Our Department of Emergency Services and local ?rst responders have answered that
question many times, explaining that there is no pre-set plan because the extent and direction of any
evacuation depends on circumstances during the incident, such as weather conditions and the type of
leak. Our Department of Emergency Services and local ?rst responders also have tried to reassure the
public that they have trained extensively to respond to hazardous material incidents, including pipeline
accidents. Unfortunately, many residents found no comfort in these reassurances because the
Department of Emergency Services and local ?rst responders are limited by the information they can
share due to the Non-Disclosure Agreement and Sunoco?s unwillingness to be open and transparent
about the products they are and want to continue to ?ow through our communities. Simply put, without
more publicly accessible information about the pipelines and the products conveyed in them, the
Department of Emergency Services and local ?rst responders cannot dispel residents? fears about being
safe in their own homes.

This lack of transparency and requirements to sign NonuDisclosure Agreements to obtain critical safety
information only add to the level of mistrust which exists in our county for Sunoco and their
representatives. Frankly, this mistrust evolved from the mishaps during pipeline construction, as well as
Sunoco?s unwillingness to truly listen to the public?s concerns and attempt to allay them, to explain
publicly the measures in place for pipeline safety, and most importantly, to be transparent about what
steps are being taken and what other steps could be taken to ensure that pipelines carrying volatile liquid
gases right next to homes, schools, and other gathering places are absolutely safe.

 

For the record, representatives from Sunoco and contractors working for them have answered numerous
questions raised by County staff about the Mariner East Pipeline Project and have tried to address many
of our communities? concerns. We appreciate their time and cooperation. However, the issues raised in
this letter and during the testimony presented for this emergency petition and complaint go beyond their
authority and responsibility.

Instead, these issues must be addressed by the leadership of Sunoco which has shown no regard for the
extensive and unreasonable impact pipeline construction is having throughout Chester County or for the
fear Mariner East has sown in our communities about the risk of a pipeline accident.

We understand and appreciate the importance pipelines provide in our nation?s infrastructure. We also
understand pipelines, generally, are a far safer mode of transportation than placing this dangerous
product on rail or the highway. And we understand that for centuries the population has congregated
around water and this is where the product must be processed in our area. We understand that pipelines
will and must run through our communities. However, we also understand, and have seen ?rsthand
from other pipeline operators, the importance and value of an open, honest, transparent, safety-focused
process.

Simply put, until Sunoco provides comprehensive, clear, and credible explanations demonstrating the
safety of existing and future pipelines carrying natural gas liquids in close proximity to homes, schools,
and other gathering places directly to the public (not limited to residents within a short distance of the
pipeline), the Chester County Board of Commissioners strongly urges the Public Utility Commission to
uphold the suspension of operation of Mariner East 1 and construction of Mariner East 2 and 2x.

Finally, it is our sincere hope and desire that by the County offering this letter to the Public Utility
Commission in support of the Order, Sunoco does not stop communication with our Department of
Emergency Services and local first responders but instead signi?cantly improves their communication
and transparency.

Respectfully,

  

    

2 
 

Michelle Kihnclie Kathi Cozzone Terence Farrell
Chairman Commissioner Commissioner