On March 10, the Associated Press reported PUC Administrative Law Judge Joel H. Cheskis issued an initial decision against Sunoco/Energy Transfer which found the company violated the Public Utility Code during the construction of the Mariner East Pipeline in Middletown Township, Delaware County with regard to fire hazards, noise levels and communications with the public at the Glen Riddle Apartment Complex.

Judge Cheskis proposed a $51,000 penalty-- $1,000 each for the violations identified by the judge.  The penalty must be reviewed by the full Public Utility Commission before it can be assessed.

The case involved a complaint filed by Glen Riddle Station in December, 2020 involving a property containing 124 apartment units where approximately 200 people lived.

The Mariner East Pipeline was being constructed by Sunoco/Energy Transfer through the middle of the apartment complex.  Read more here.

Sunoco owned the pre-existing right-of-way through the Glen Riddle Station Apartment since approximately 1931. The apartment buildings were constructed abutting against and straddling that right-of-way.

This case is one of a series of cases against Sunoco/Energy Transfer related to the Mariner East Pipeline construction that have resulted in multiple penalties and orders by the PUC.

Judge’s Decision

“Sunoco’s conduct was of a serious nature because the conduct involved installation of a major gas pipeline including heavy construction equipment in the middle of a residential apartment complex,” said Judge Cheskis.

“This was not a minor utility construction project that merely inconvenienced utility customers.

“Fire hazards and high noise volumes were created. Inadequate communications were provided.

“It is unclear whether any other utility conduct could be of a more serious nature than the conduct Sunoco performed at the Glen Riddle site and especially in the middle of a residential apartment complex during a pandemic.

“Extreme care should have been taken but was not and, therefore, violations of the Public Utility Code resulted,” said Judge Cheskis.

“There is no evidence that Sunoco made efforts to modify its internal practices and procedures to address the conduct at issue in this proceeding and prevent similar conduct in other cases in the future,” said Judge Cheskis.  “To the contrary, Sunoco consistently contested that any of its actions constituted a violation that required modifications to its practices or procedures.”

Judge Cheskis explained-- “The disposition of this case is significantly impacted by the fact that the pipeline is being constructed immediately through the center of 124-unit apartment complex where more than 200 people live in such close proximity to major construction activities and in light of the Commission’s directive for Sunoco to show continuous improvement in its communications with the public.

“Although Sunoco holds easements to perform such construction work, its actions were still unreasonable with regard to fire hazards, noise levels and inadequate communications with the public.

“This is especially true given that the construction occurred during a major pandemic when most of those residents were working or attending school from home.”

Click Here for a copy of the initial decision.

Bad Compliance Record

Actions by the PUC against Sunoco/Energy Transfer for violations related to Mariner East Pipeline construction are just the tip of the iceberg on compliance with state laws.

The Department of Environmental Protection has imposed more than $24 million in penalties on the Mariner East Pipeline related to hundreds of violations that resulted in the contamination of private water wells, major spills in two recreation facilities-- Raystown Lake and Marsh Creek State Park-- and dozens of other spills to local streams, sinkhole damage as well as 48 criminal charges related to environmental violations.

Frustration in the ability of state law to prevent damage caused by pipeline construction related to the Mariner East Pipeline can be illustrated by a 2018 quote from Republican Sen. Don White (Indiana County) at a Senate Committee meeting-- “We should be able to deal with that company and put them out of business.”  Read more here.

(Photo: WHYY - P.K.Ditty: Mariner East Pipeline being constructed through Glen Riddle State Apartment Complex.)

NewsClip:

-- AP: PUC Judge: Sunoco/Energy Transfer Failed To Adequately Protect Delaware County Community During Construction of Mariner East Pipeline, Proposed $51,000 Penalty 

Related Articles - Pipelines In PA:

-- PA Supreme Court To Decide If The Owner Of Mariner East Pipelines - Sunoco/Energy Transfer - Must Pay Attorneys Fees In Legal Challenges They Lost To Citizens Or Will Taxpayers

-- Senate Budget Hearings: PA’s Experience With New Pipeline Construction Shows State Laws Not Strong Enough To Prevent Environmental Damage, Protect Public Safety

Related Articles - PUC Actions Mariner East:

-- PUC Orders More Than A Dozen Actions To Improve Safety In Construction, Operation Of Mariner East Pipelines; Sunoco Must Pay $2,000 Penalty [November, 2021]

-- PUC Judge’s Opinion Orders Sunoco To Improve Public Safety, Emergency Outreach Measures, Rebury Pipelines Related To Mariner East Pipeline Project, Full PUC Approval Needed [April, 2021]

-- PUC Approves 2nd Order On Reporting Integrity Of Sunoco's Mariner East 1 Pipeline, Leaves $200,000 Penalty In Place [May, 2020]

-- PUC Requires Remaining Life Study, Public Reporting On Integrity Of Sunoco's Mariner East I Pipeline; Issues $200,000 Penalty [March, 2020]

-- Bipartisan Pipeline Safety Legislation Highlighted By PUC Administrative Law Judge Decision In Mariner East I Pipeline Leak [January, 2020]

-- PUC Investigating Subsidence Involving Several Pipelines Near Site Of Sunoco Mariner East 2 Pipeline Construction In Delaware County [September, 2019]

-- PUC Dismisses Complaint Filed By Sen. Dinniman Against Mariner East Pipelines Per Court Order, But Continues Proceedings On Related Complaints [September, 2019]

-- PUC Refuses Sunoco Request To Resume Construction Of Mariner East 2 Pipeline In Chester County [April, 2019]

-- PUC Investigating Subsidence Near Sunoco Mariner East 2 Bypass Pipeline In Delaware County [April, 2019]

-- PUC Enforcement Bureau Proposes $225,000 Penalty For 2017 Ethane/Propane Leak From Mariner East 1 Pipeline In Berks County [December, 2018]

-- PUC Approves Resolution Of Mariner East 2 Pipeline Valve Dispute In Chester County [September, 2018]

-- Public Utility Commission Partially Lifts Mariner East 2, 2x Pipeline Construction Shut Down In Chester County [August, 2018]

-- PUC Judge Issues Order To Shut Down Mariner East 1, 2, 2x Pipelines, Sunoco To Appeal [May, 2018]

[Posted: March 10, 2022]

3/14/2022