Sunoco Pipeline provided response to Interim Emergency Order issued by ALJ.
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Sunoco Pipeline, L.P., a subsidiary of Dallas-based Energy Transfer Partners, provided the following response to yesterday’s Interim Emergency Order and Certification of Material Question issued by Elizabeth Barnes, Administrative Law Judge of the Pennsylvania Public Utility Commission (PUC), on the Amended Petition for Interim Emergency Order regarding the operation of its Mariner East 1 pipeline and construction of its Mariner East 2 and 2X pipelines in West Whiteland Township in Chester County, Pennsylvania.
We strongly disagree with Judge Barnes’ Order and believe there is no evidence or legal basis to support Senator Dinniman’s claims in his Petition and the Order that followed. Further, the Order directly contradicts the detailed work of PUC staff and the 3 May 2018, unanimous decision of PUC commissioners to return ME1 to service. Specifically, the safe operation of ME1 was verified through exhaustive geophysical testing and analysis that was verified by the PUC’s Investigation & Enforcement division and their experts, which was the basis for the PUC’s 5 - 0 decision to return the line to service.
We will pursue all legal remedies to overturn this Order, including our right to request PUC review of the Order, which will be filed within the next seven days.
Regarding ME2 and 2X, we will continue with construction in all areas along the route except for the 3.5 mile segment that runs through West Whiteland Township. ME2 is 98% complete with 94% of the HDDs completed or underway. We remain focused on the safe construction of the line and do not anticipate that this Order will affect our stated in service timeline to place ME2 into service in 3Q18.
The Order is a significant departure from the law and the due process procedures that the PUC follows in rendering decisions. Judicial decisions must be based on facts and evidence – not conjecture or extrajudicial claims and issues that are not within the record, but only appear in an order for the first time. The entire energy industry should be concerned about yesterday’s Order and consider this result when making decisions regarding future capital investments in the state as it upends Pennsylvania’s entire regulatory environment.