We Petition the PA PUC for Relief from the Mariner East Pipeline Project
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Pennsylvania Residents Demand Immediate Relief from the Mariner East (Pennsylvania) Pipeline Project
Mariner East 1 entered service over four years ago and the operator, Sunoco/Energy Transfer, still has not shared critical, potentially life-saving information with local hazmat teams, emergency responders, schools, townships, counties and homeowners along the pipeline route. There is currently no possibility of creating adequate evacuation routes, early warning systems, and a meaningful hazard response. Instead of demonstrating transparency and compliance with our laws and regulations, Sunoco/Energy Transfer has rushed to put into operation their mismatched, cobbled together workaround pipeline, once again putting their profit above best engineering practices and public safety.
While the operator has now admitted to making mistakes and promised “to do better”; it is, too little too late. Years of making mistakes while constructing, maintaining, and operating their pipelines has lead to the highest leak and accident rate in the industry. Sunoco/ ET continues to operate above the law and abuse their power. Pennsylvanians are continually being exposed to grave danger each day this pipeline is in service and thousands of lives are at stake. The PUC along with Governor Wolf has acknowledged the same.
Enough is enough.
The people of Pennsylvania demand that the PUC use it’s authority to protect the public from the involuntary, unmitigated and unconscionable risk described HERE.
Jurisdiction, Powers & Obligations
Pennsylvania Public Utility Commission, you, have the power and duty to stop this involuntary and unconscionable risk to our vulnerable communities.
● Title 66 § 1501 Character of service and facilities. Every public utility shall furnish and maintain adequate, efficient, safe, and reasonable service and facilities, and shall make all such repairs, changes, alterations, substitutions, extensions, and improvements in or to such service and facilities as shall be necessary or proper for the accommodation, convenience, and safety of its patrons, employees, and the public.
● 52 Pa. Code 59.33 Each public utility shall at all times use every reasonable effort to properly warn and protect the public from danger, and shall exercise reasonable care to reduce the hazards to which employees, customers and others may be subjected to by reason of its equipment and facilities
● Do NOT make us wait to experience harm before you exhaust all available administrative powers and protect us from the wrongdoings committed by SPLP, an alleged public utility. The people of Pennsylvania will not wait for a tragedy in order to be adequately protected by legislation, which is the historical approach.
● “...given the Commission’s grave duty to ensure public safety in regard to the public utilities that it regulates, in the exercise of its discretion, it can and should take a permissive view toward standing in situations in which it is presented with credible facts regarding a potential emergency that affects public safety.” - The PUC’s brief for Sen. Dinniman’s standing case with the Commonwealth Court.
● While some issues that the Mariner East Pipeline Project May not fall directly under the PUC’s jurisdiction, giving them the authority to remedy, these issues create a public utility that delivers service that is inherently unsafe, inadequate and certainly unreasonable. As these characteristics are requirement to comply with Title 66 § 150, the commission must recognize that service must stop until these requirements are met.
● The public's needs are direct, immediate, and substantial.
Therefore, we, the people of Pennsylvania respectfully insist that the Pennsylvania Public Utility Commission; along with the Bureau of Investigation & Enforcement, fulfill its’ mission to "provide adequate, safe and reasonable services" , "protect the public interest" and halt all construction and operations of the Mariner East (Pennsylvania) Pipeline Project until:
1. The current formal complaints before the PUC are heard and decisions reached.
a. Because BI&E’s complaint against SPLP will not be heard due to a settlement
decision require, Sunoco must show that all pipeline corrosion and coating issues have been addressed and all anti-corrosion systems are working properly
a. The end of life study on Mariner East 1 and the 12 inch line are concluded,
2. Both the Chester & Delaware County District Attorneys’ Criminal Investigations are closed.
3. The Attorney General’s Investigation is concluded that you, the PUC, have been asked to assist with.
4. The current geophysical studies are completed by USGS, an unbiased and appropriate government agency,
a. Sunoco is required to show that proposed Horizontal Directional Drilling will not damage public and private wells/aquifers, other underground utilities,
5. Adequate study and mitigation plans are in place for subsurface release of natural gas liquids (highly volatile liquids) near our public water wells and water reservoirs,
6. Sunoco informs and properly educates all of those potentially impacted and document what a “safe distance” from the pipeline is (including the assumptions underlying the calculations)
7. Adequate Emergency Preparedness and Response Plans have been made that conform to Title 35 protections. Certifying that the people of Pennsylvania can protect their life, liberty and property in a worse-case scenario.
8. Sunoco provides a system capable of immediate detection and warning of even small leaks.
9. Sunoco is required to carry sufficient insurance to cover a worst-case accident
The Undersigned People of Pennsylvania
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