Pipelines and People Putting Them Together

1. Pipelines and PeoplePutting Them Together West Vincent, West Pikeland, East Nantmeal, Green Valleys Association CHESTER COUNTY PA PHMSA Technical Assistance Grant

2. TAG PROGRAM • Series of 4 Public Outreach Sessions • Pipeline Mapping • Review Federal and State Regulations • Research Land Development and Zoning Ordinances • Develop Web Site to get pipeline information to communities.

3. PUBLIC MEETINGS • Four public forums: • I. Operation and Maintenance of Pipelines • II. Pipeline Safety • III. FERC Process • IV. Pipeline Planning

4. PIPELINE OPERATION AND MAINTENANCEMeeting l • Representatives from Sunoco, Texas Eastern/Spectra Energy, Williams/Transco and Columbia Gas/NiSource explained difference between transmission lines and distribution lines. • Inspections: aerial, walking, driving, by computer • Exterior/Interior Line inspection • Alex Dankanich of DOT PHMSA corrected a misunderstanding among pipeline representatives as to how high vegetation could grow before cutting is required. • Pipeline companies had been cutting vegetation to a lower height which is unhealthy for stream banks.

5. Notification of Inspections/MaintenancePublic Outreach • Townships do not receive prior notification of inspections • No requirement to notify townships of repairs/”venting” • Inspection reports – FOIA request • Public Outreach: once a year meeting for emergency responders annual brochure mailing What pipeline projects under consideration for County: new, replacement, expansion? No knowledge.

6. Questions/ Comments from Meeting I How is it decided that a pipeline is needed and where it will go? Remains unanswered. Are local townships and landowners involved in initial design of pipeline route? No Would like actual plans for future pipeline projects made available to public. Need long range pipeline grid planning. How does the lack of access to information improve safety of pipelines?

7. PIPELINE SAFETYMeeting II • Karen Gentile of PHMSA gave PowerPoint presentation on PHMSA role in safety and maintenance of pipelines with handouts on inspection of transmission lines and clearing of Rights of Way (ROW). • Questions for representatives of pipeline companies included: • What should landowners do and look for? Call 811. • What should landowners do if there is an incident, other than “run like hell” advice from landman?

8. MAPPING • Chester County has more than 25 pipelines. • Large contingent of local emergency management personnel attended Meeting ll. Request was made of pipeline representatives for mapping identifying properties where current pipelines are located. • No detailed map available from pipeline companies. • TAG Project has enabled us to have a local engineering company create detailed mapping.

9. WHO REGULATES INTERSTATE PIPELINES?Meeting III • Carolyn Elefant, Esq. Presentation on FERC Process • FERC reviews and approves applications • Notification • Intervention • Open House • Eminent Domain • States and Local Government Role

10. NOTIFICATION • Pipeline company applicant is not required to contact state and local agencies or landowners prior to submitting its pre-filing application to FERC. • Applicant identifies who the stakeholders are. FERC does not mandate who shall be included as stakeholders. • Once an applicant files an application requesting FERC to review its project, applicant begins to give notice to state and county agencies and all “affected” landowners as to where the project will be located.

11. Comment from Audience on Notification • Notification Inadequate; needs to be: • Early and Accurate (By Certified Mail) and include: • DEP • County Planning Commission • Township Board of Supervisors and Manager • Land Owner(s) of Record, and Adjoining Property Owners

12. INTERVENTION • Notice will include date by which motions to intervene are due. • Motion to Intervene Deadline Very Important. If you want FERC to consider your comments, if you want to receive copies of filings and preserve your right to appeal a decision in court, you MUST file atimely Motion to Intervene according to FERC’s rules. Ms. Elefant outlined requirements for the motion and provided a sample Motion to Intervene in her handout.  • Townships and the county have right to intervene and must do so if they wish to participate in FERC process, and have FERC consider their input.

13. OPEN HOUSE • Applicant will hold an “open house” to discuss the project. • Obtain as much information about the proposed route as possible. •  If it appears that the pipeline route will not cross your property, you should intervene if your property is near the route, as the route may change and cross or abut your property.

14. EMINENT DOMAIN • Pipeline companies that receive a certificate from FERC to construct and operate a pipeline and have been unable to acquire property necessary for the project may exercise their power of eminent domain by bringing a condemnation action in federal court if property is valued at $3,000.00 or more.

15. Questions and Comments from Audience • Why are pipeline companies allowed to bring eminent domain actions against landowners before complying with all terms of FERC certificate? • Landowners have no real bargaining power regarding terms of easement agreement because of eminent domain. • What training and experience are required of landmen? • Who do landmen answer to? Several landowners complained about misrepresentations from landmen. What state agency handles complaints about landmen?

16. STATES AND LOCAL GOVERNMENT • FERC issues a certificate of public necessity and convenience with conditions, contingent on pipeline companies complying with federal and state permits. •  States do have some role in pipeline siting process such as authority to require compliance with DEP permits.

17. Questions and Comments from Audience • Why aren’t companies required to demonstrate a need for pipeline based on specific regional information? • Why don’t municipalities and landowners have more input into the siting of pipelines before company applies to FERC? Companies claim commercially sensitive information, get information treated as privileged and confidential. • Municipalities have current and particular knowledge of their area.

18. MORE COMMENTS ON LACK OF INPUT • Land is critical resource for pipeline companies in Chester County, but landowners have no voice in siting of pipelines. • A municipal official mentioned the lack of input that townships have, stress on township infrastructure, and lack of consideration of municipal land planning. • We need more information about proposed pipelines

19. PIPELINE PLANNINGMeeting IV • Representatives from Chester County Conservation District and Brandywine Conservancy discussed: • Erosion and Sedimentation Plans and Site Inspections • Impact on Watersheds and Conserved Lands • DOT representative reviewed safety inspections of pipelines.

20. QUESTIONS FROM AUDIENCE • How can 12 DOT inspectors for Eastern region adequately inspect all interstate pipelines? • If County finds violation during site inspection and can only seek voluntary compliance, how is this ensuring pipeline safety? • How can landowners and communities participate in planning process?

21. PENDING LEGISLATION • PA House Bill 1817 Introduced by Representative Curt Schroder Establish a Mid-Atlantic Area Natural Gas Corridor Compact with power to govern siting. Be more responsive to needs and concerns of communities, consider areas designated for conservation, impact on environmental resources. • House Bill 2693 Give PA PUC authority to enforce safety regulations over intrastate gathering lines in Class 2,3,and 4.

22. Risk/Benefit Analysis • No benefit to Chester County: no jobs created, no increased revenues. • Increased burden on local government infrastructure. • No benefit to landowners: loss of land, increased liability, diminishing property value. • Pipeline companies get benefits, the profits.  Communities get burdens: risk safety of people and environment, potential harm to water sources, conserved land.

23. What is Missing in Planning Process? • Driving force appears to be to maximize number of pipelines with no long term planning. • Current siting process favors expediting approval of pipelines at expense of local government and landowner input. • Municipalities and Landowners assume the risks and the burdens. • Need a structured framework with collaboration among federal, state, local governments and pipeline companies with input from landowners.

24. Collaboration Not Exclusion Communities in Chester County want: • Get out ahead of pipeline project; be informed • Be proactive, not reactive; be part of the process • Balancing of Interests Pipeline safety and reliability can only improve if there is collaboration, not exclusion. Prepared by: Eileen Quinn Juico eqjuico@verizon.net 484 888 0976 November 05, 2010