West Vincent, West Pikeland, East Nantmeal, Green Valleys Association

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 a timely Motion to Intervene according
  to FERCs 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 arent companies required to demonstrate a
  need for pipeline based on specific regional
  information?
• Why dont 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_at_verizon.net
• 484 888 0976
• November 05, 2010