Professional Documents
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As you are aware, Chester County’s District Attorney Tom Hogan announced recently that his office was
launching a criminal investigation into the Mariner East pipeline project. We, the undersigned residents of
Berks County, are writing to urge you to conduct an investigation into the Mariner East pipeline here.
On December 13, the Public Utilities Commission’s Bureau of Investigation and Enforcement filed a formal
complaint stemming from a leak of 20 barrels of ethane and propane from the Mariner East 1 pipeline near
Morgantown in April 2017.i The degree of corrosion found at the point of the leak has caused the Bureau to
question “SPLP’s corrosion control program and the soundness of SPLP’s engineering practices with respect
to cathodic protection” statewide.
On January 3, 2018, the Pennsylvania Department of Environmental Protection temporarily suspended the
construction permits for the Mariner East 2 pipeline based, in part, on incidents during construction at four
sites in Berks County.ii “The work area for PPP-ME2 in Berks County, Pennsylvania includes the crossing
of an unnamed tributary ("UNT") to Hay Creek (S-Q90) in New Morgan Borough, Berks County ("Berks
HDD Site l"), the crossing of an unnamed tributary ("UNT") to Cacoosing Creek (S-C33) in Spring
Township, Berks County ("Berks HDD Site 2"), the crossing of an UNT to Allegheny Creek (S-B30) in
Brecknock Township, Berks County ("Berks HDD Site 3"), and a crossing of Wetland W35 in New
Morgan Borough and Caernarvon Township, Berks County ("Berks HDD Site 4"). Berks HDD Site 1,
Berks HDD Site 2, Berks HDD Site 3, and Berks HDD Site 4 are collectively referred to herein as ("Berks
HDD Sites 1-4"),” says the DEP’s order.
Since the suspension was lifted, the DEP has issued 55 notices of violation for Mariner East 2
construction, three of them for incidents in Berks County.
Neither the formal complaint filed by PUC I&E nor the notices of violation issued by the DEP cover
additional problems Berks County residents have had to deal with, like the company’s bullying behavior
District Attorney Hogan referenced in his announcement and the recent threat of mechanic’s liens.
We paid particular attention to Hogan’s statement on jurisdiction. After visiting some of the impacted
sites, he “then detailed District Attorney staff members to do the legal research to make sure that the DAO
had jurisdiction to investigate the pipelines and received an affirmative response.”
Hogan told the press, “We expected the state regulators and the governor to step in and assure the safety of
Pennsylvanians. They have not. So now the Chester County District Attorney’s Office will demand that every
aspect of these pipelines be conducted safely, or we will bring into play all of the tools of the criminal justice
system.”
The people of Berks County deserve the same protection. We have had no champions in Harrisburg, so we
turn to you to use your jurisdiction to provide long overdue protection to the people, property, and natural
resources of Berks County.
Respectfully,
http://files.dep.state.pa.us/ProgramIntegration/PA%20Pipeline%20Portal/MarinerEastII/OrderSuspending
ConstructionActivities010318.pdf