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Law360 (March 19, 2020, 6:39 PM EDT) -- A Pennsylvania state senator on Wednesday urged utility regulators to halt construction on a controversial Sunoco LP natural gas pipeline, citing public health and safety concerns related to the COVID-19 outbreak.
Sen. Andy Dinniman, D-Chester, told the Pennsylvania Public Utility Commission that allowing construction crews to continue working on the Mariner East Pipeline created a needless risk that they would either be exposed to the spreading coronavirus or, if infected, spread it themselves through the community.
"Not only will direct interaction during construction place skilled laborers at unnecessary risk of infection, but also the movement of these individuals throughout our communities only furthers the risk to all, including our essential workforce of medical professionals and first responders," he said.
The Mariner East pipelines are designed to ferry butane and propane across roughly 350 miles from the Marcellus Shale regions of western Pennsylvania, West Virginia and Ohio to a facility outside of Philadelphia.
Dinniman has been at the forefront of unsuccessful efforts to halt construction of the pipeline, which he says presents a danger to residents in his suburban Philadelphia district.
In sending his letter to the PUC on Wednesday, Dinniman noted that other construction projects in the state, including road work by the state's Department of Transportation, had been halted in the wake of the virus outbreak and emergency orders issued by Gov. Tom Wolf to shut down non-essential businesses.
"We had valid concerns about this pipeline project before COVID-19. Those concerns are only heightened today," Dinniman said. "If we are under a state of emergency with nonessential businesses and employees halting operations, how is this pipeline construction permitted to continue? Even PennDOT has halted construction on new projects, but this is allowed to go on?"
He said that the potential for accidents during construction, like one he said occurred several weeks ago in which workers struck a natural gas distributions line, placed a needless strain on first responders who are focused on confronting the virus outbreak.
PUC spokesman Nils Hagen-Frederiksen said that the agency was working closely with regulated entities like Sunoco to ensue work was being done in a responsible way.
"The health and safety of the public as well as our staff is a priority for the commonwealth and this agency," he said. "Commission safety staff are in daily contact with utility operators and continue to reach out for construction and operational updates and to understand project details, status and company policies — and will respond directly to any emergency situations."
Kurt Knaus, a spokesman for the energy industry advocacy group Pennsylvania Energy Infrastructure Alliance, responded on Thursday that pipeline infrastructure, including the Mariner East project, was an essential public utility.
"Time and time again, courts have overruled objections and found Mariner East to be a public utility, essential to meeting the energy needs of Pennsylvania and the United States," he said. "Because the pipeline network is essential, work must continue to ensure safe and responsible development and operations."
--Editing by Adam LoBelia.
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