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BEFORE THE
PENNSYLVANIA PUBLIC UTITLITY COMMISSION
In Re: Meghan Flynn, Rosemary Fuller :
Michael Walsh, Nancy Harkins, Gerald : Docket No. C-2018-3006116
McMullen, Caroline Hughes and :
Melissa Haines : Docket No. P-2018-3006117
Petitioner, :
:
v. :
:
Sunoco Pipeline, L.P., :
:
Respondent. :
DIRECT TESTIMONY OF INTERVENOR THOMAS KILLION
Killion Exhibit 1 - PUCFinalSubmission_8.1.19
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DIRECT TESTIMONY OF THOMAS KILLION
Introduction
Q. Please state your name and spell it for the Court Reporter.
A. Thomas Killion.
Q. And where do you reside?
A. I reside in Delaware County at 3 Laura Lynne Lane, Glen Mills, Middletown Township,
Delaware County, Pennsylvania 19342, with my wife.
Q. Senator Killion, is your personal residence located near any of Sunoco’s Pipeline?
A. Yes, my home is located approximately less than 1 mile from the pipeline.
Q. How long have you lived at your current address?
A. Since 1995; 25 years.
Q. Do you hold public office?
A. Yes. I am a Pennsylvania State Senator and represent the 9th senatorial district which is
comprised of portions of both Chester and Delaware Counties. I have offices located in
Harrisburg, in Delaware County, and in Chester County, Pennsylvania. My senate district includes,
but is not limited to, the following municipalities in Delaware County, Pennsylvania in which the
Respondent Sunoco Pipeline, L.P.’s (“Sunoco”) pipelines are sited: Aston Township; Chester
Township; Edgmont Township; Marcus Hook Borough; Middletown Township; Thornbury
Township, and; Upper Chichester Township. In Chester County, my senate district, includes, but
is not limited to, the following municipalities in Chester County, Pennsylvania in which Sunoco’s
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pipelines are sited: East Goshen Township; Thornbury Township; West Goshen Township, and;
Westtown Township.
Q. Are your personal interests co-extensive with other residents within your senatorial
district as it relates to the impact of the Sunoco Pipelines?
A. Yes, they are, especially as they relate to the risks presented by the pipelines and the need
for the safe operation of the pipeline and emergency response.
Q. And how have you become familiar with the issues surrounding the Sunoco Pipelines?
A. These pipelines and related facilities, in addition of being located close to my home are
sited within or traverse twelve (12) municipalities within Chester and Delaware Counties which
comprise my senatorial district. In providing leadership and direction on behalf of myself and the
residents of my senatorial district I have taken extensive measures to become intimately familiar
with the pipelines sited within my senatorial district and the impacts and issues facing the County
and municipal facilities, elementary and secondary schools, hospitals, churches, retirement
communities and places of public assembly; all of which are within the ME Pipelines’ impact
radius, which might extend to more than 2,000 feet from the ME Pipelines.
Q. Mr. Killion, in what efforts have you been involved which required you to study and
understand practical solutions to the three safety issues raised above?
A. I have researched and developed legislative initiatives which when adopted here will assist
in promoting safety for me, my family and my neighbors. For example, I have sponsored a package
of 13 pipeline safety bills, which required me to study and understand the particular safety the I’d
like to address today that go directly to the scope of my testimony: the mandatory disclosure of
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Emergency Response Plans, and a bipartisan legislative commission to coordinate improvements
for the transport of oil, natural gas and other hazardous liquids through pipelines in this
Commonwealth.
Q. Mr. Killion, can you identify Killion Exhibit 1?
A. Yes. That is a letter dated August 1, 2019, which I sent to the Chairwoman of the
Pennsylvania Public Utility Commission, in which I commented on proposed rules for hazardous
pipelines. I reviewed and highlighted those areas of concern so that the Public Utility Commission
could take them into account when formulating rules for the safe operation of pipelines to protect
our communities and to ensure that the pipeline operators are held to the highest standards of safety.
My testimony here today seeks to accomplish the same safety goals.
Q. Mr. Killion, on whose behalf are you offering direct testimony today?
A. I am offering my testimony on behalf of myself as Intervenor, and on behalf of all residents
of my senatorial district. I believe I bring a unique perspective to the issue as my testimony will
touch upon the large geographical that encompasses my senatorial district.
Q. And what is your purpose of your testimony?
A. The purpose of my testimony is to address safety concerns associated with the operation
of the Pipeline. As I outlined in the Petition I filed, there are three areas of concern.
Q. Let’s go briefly through each one. What is the first?
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A. Sunoco has failed to develop and install a mass early warning notification system at all
potentially affected properties located within Chester and Delaware County which would provide
immediate notice of a leak, potential explosion or other failure in the pipeline system.
Q. And the second?
A. Sunoco has also failed to provide a Chester County and a Delaware County specific public
education or emergency response plan designed to inform and educate the public and the
Commonwealth, County and Municipal Officials and Staff on proper and effective disaster
prevention and response.
Q. And the third?
A Sunoco has not engaged an independent expert to produce studies relating to the impact of
the pipeline in Chester and Delaware Counties of ME1 and the 12 inch workaround pipeline.
Q. First, let me ask you about advanced leak detection and an early warning system that
would provide notice of an event in real time, and allow a meaningful planned response by
the pipeline to avoid fatalities.
A. There are a number of areas potentially impacted by a pipeline failure. There is no early
warning system, or advanced leak detection hardware that would give the potentially affected areas
immediate warning of a release/leak or other failure. Nor does Sunoco have a program that
provides for a plan that clarifies how these warnings would be communicated to the residents in
an impacted area. Whether a homeowner like me, or a heavily populated area or facility, Sunoco
does not have an effective program that would allow a response at the earliest moment possible.
Sunoco should provide for a direct and mass warning system.
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Q. Second, please describe the mandatory disclosure of Emergency Response Plans you
believe would help promote public safety. Is this one of the legislative initiatives that you
referenced earlier?
A. Yes. This is one of the areas in which I have sponsored legislation, Senate Bill 284 which
has passed out of committee in the Senate, to address a safety concern in emergency planning.
Pipeline operators should be required to provide current Emergency Response Plans to the Public
Utility Commission and confidentially shared with county emergency services for the purpose of
coordinating a response to a pipeline incident. This would accomplish two objectives. First, it
would require that Emergency Response Plans are not only reviewed for regulatory compliance to
federal Pipeline and Hazardous Materials Safety Administration (PHMSA) guidelines by the PUC,
but a complete, accurate and up to date copy is to be filed with the Commission. Second, it would
establish provisions as part of Act 156 of 2006, known as the Public Utility Confidential Security
Information Disclosure Protection Act, allowing the PUC to responsibly and confidentially share
information necessary for emergency response coordinators to fulfill their obligations under Title
35 (Health and Safety) of the Pennsylvania Consolidated Statutes. The relevant information for
planning purposes includes the potential impact radius in a worst case scenario, where valve
stations are located and pipeline sections that have been identified as “high consequence” through
federally mandated risk analysis studies. Without this firsthand information from operators, the
burden is on county emergency services to either commission their own studies or make
assumptions, and when dealing in community safety there is no room for error.
Q. Are there any practical benefits of your proposed emergency response plan disclosure
and any particularly vulnerable sites that will benefit from this?
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A. Of course. This initiative would ensure that there is no bureaucratic barrier between county
emergency services and the information they need to ensure our first responders are following
through on effective and well informed plans to keep our communities safe. In facilities such as
schools, hospitals and other sensitive communities, even if Sunoco coordinated with the
institutions by providing non-sensitive information and a periodic exchange of safety measures,
emergency response plans and best practices, this will promote safety of the in the event of a
pipeline failure.
Q. Is there another related legislative initiative the purpose of which was coordinating a
response to a pipeline incident?
A. Yes, the initiative for a special commission for the oversight and coordination of
improvements for the transport of oil, natural gas and other hazardous liquids through pipelines in
this Commonwealth.
Q. Please describe this for Judge Barnes.
A. Sure. In studying the industry, it’s clear that natural gas and oil extraction has increased
dramatically over the last decade in the Commonwealth resulting in the construction of new
pipeline infrastructure to transport hazardous liquids, gases and other byproducts in large quantities
through the most sensitive areas of Pennsylvania. As such, many communities in the
Commonwealth have experienced the negative aspects associated with pipeline construction. Our
communities now face increased safety risks due to these high pressure pipelines being situated in
close proximity to homes, schools and population centers. The construction of pipelines has also
resulted in hundreds of environmental and safety violations along with the contamination of private
water wells and public waterways. These incidents and safety concerns have demonstrated a clear
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need for exploring measures which will improve management, increase safety and provide for
more comprehensive oversight of pipeline construction and operations. Development of a special
bipartisan legislative commission to recommend safety, oversight and interagency coordination
improvements for the transport of oil, natural gas and other hazardous liquids through pipelines in
this Commonwealth makes good sense.
Q. Third, and finally, let me ask you about Sunoco’s failure to engage an independent
expert to produce studies relating to the impact of the pipeline in Chester and Delaware
Counties of ME1 and the 12 inch workaround pipeline.
A. The construction of high pressure NGL lines poses significant risks to high consequence
areas surrounding the pipeline. An independent expert would be free to give an unfettered opinion
and report on the value of manual vs. remote and automatic shutoff valves, the remaining life of
the pipelines, and anti-corrosion technology and the available methods to make the pipelines,
especially the older ones, safer. An independent expert, cloaked with the authority to review and
comment on the impacts of the pipeline would also have a tremendous benefit to public awareness
and the need for additional safety measures to address risks. This independent expert could address
environmental concerns, study wildlife habitats, geology, water quality and other concerns of a
public nature.
Q. Senator Killion, do you believe that the suggestions and observation made above, if
credited, would make the communities along the pipeline safer?
A. Yes. I do.
END
VERIFICATION
I, Thomas Killion, verify that the statements made in my direct testimony, attached, is
true and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
Date: 1%rThomas Killion
EXHIBIT 1
9TH SENATORIAL DISTRICT
STATE SENATOR
TOM KILLION
SENATE BOX 203009
HARRISBURG, PA 17120-3009
717-787-4712
FAX 717-753-1490
TOLL FREE 18889TH-DIST
4110 LOOMONT AVENUE
BROOKHAVEN, PA 19015
610-447-31 63
FAX 610-447-5840
780 C. MARKET STREET, SUITE 140
WEST CHESTER, PA 19380610-436-3320
FAX 610-436-6963
August 1, 2019
Chairwoman Gladys Brown DutrieuillePennsylvania Public Utility CommissionCommonwealth Keystone Building
400 North Street, Third FloorHarrisburg, PA 17120
COMMITTEES
STATE GOVERNMENT, VICE CHAIR
APPROPRIATIONS
BANKING & INSURANCE
COMMUNICATIONS & TECHNOLOGY
CONSUMER PROTECTION &
PROFESSIONAL LICENSURE
URBAN AFFAIRS & HOUSING
MAJORITY POLICY
senatorkiHion -Corn
Re: Public Comment on Proposed Rulemaking Regarding Hazardous Liquid Public Utility Safety Standards
Dear Chairwoman Brown Dutrieuille,
I would first like to thank you and the Commission for acting on my May 2 letter, requesting that the PUC
begin the public process of developing new rules for hazardous liquid pipelines as soon as possible. This
comment period is vital, allowing the public to voice their concerns and having their input considered will go along way towards restoring the faith communities impacted by pipeline construction have lost.
The safety of our families and communities is the single most important consideration, and it is theresponsibility of the PUC to ensure that the rules to be adopted reflect that mandate. I have sponsored 13pieces of legislation and have also joined a citizen complaint, Meghan Flynn, et al. v. Sunoco Pipeline, L.P., inorder for pipeline operators to be held to the highest standards of safety. My submission today reflects bothof those avenues by incorporating my legislative goals as well as the requested relief from the formalcomplaint.
Enclosed you will find my comments onsuggestions as well as the comments ofcommunities. Please do not hesitate to
Sincere!v,
rules for hazardous liquid pipelines. Thank you for considering mymany other citizens concerned about pipeline safety in ourcontact me if I can provide you with any additional information.
TOM KILLIONSENATOR, 9th DISTRICTTK/jm
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Senator Tom Killion
Submission to the Public Utility Commission
Hazardous Liquid Public Utility Safety Standards
-Advanced Notice of Proposed Rulemaking
August 1, 2019
Pipeline Safety near Schools Pipeline companies operating pipelines near schools have an obligation to coordinate with schools to ensure their safety in the event of a leak. I encourage the PUC to adopt a rule requiring that operators of pipelines within 1,000 feet of schools provide non-sensitive information to school officials- including how to respond to a leak or product release. Moreover, this rule should mandate that operators of pipelines within 1,000 feet of schools coordinate and communicate quarterly with school administrators regarding safety measures, emergency response plans, and best practices, among other things. The safety of our children’s schools is paramount; the PUC rule must reflect and enforce that. Public Notification Due to the importance of keeping the public aware of developments in the pipeline installation process, I encourage the PUC to adopt a rule mandating that public utilities inform residents and municipalities within a 1,000 foot radius of new pipeline construction at least 5 days prior to the beginning of construction. Automatic Shut-off: The potential risks posed by high pressure NGL pipelines in “high consequence areas” near residential sections, schools, churches, and hospitals necessitate extra measures to ensure the safety of our families and communities. Automatic valves or remote valves, as opposed to the manual valves currently in use, would allow operators to shut off flow quickly in the event of a leak, thereby reducing the risk to our families and communities. Therefore, I encourage the Pennsylvania Utility Commission (PUC) to adopt a rule requiring pipeline operators employ automatic or remote shutoff valves around high consequence areas.
Early Warning and Advanced Leak Detection The PUC should develop a framework requiring public utility facilities transporting natural gas or natural gas liquids to employ advanced leak detection hardware in critical operational locations to ensure public safety and additionally utilizing a mass early warning notification system to alert residents to an incident. The PUC taking a major role in requiring this technology be employed would catalyze leadership on the issue and reduce the risks these pipelines pose to communities. An important component of this initiative would be clarifying how the early warning would reach residents within the potentially impacted area. Emergency Response Plan Disclosure A policy should be enforced that would require pipeline operators provide current Emergency Response Plans to the Commission which could then be responsibly and confidentially shared with county emergency services for the purpose of coordinating a response to a pipeline incident. This change is critical in ensuring that there is no bureaucratic barrier between county emergency services and the information they need to ensure our first responders are following through on effective and well informed plans to keep our communities in Pennsylvania safe.
Senator Tom Killion Page 2 August 1, 2019 Meeting with County Emergency Response Coordinators In the event of a pipeline incident, the ability for our emergency responders to react in an expedient and informed manner is crucial to minimize loss of life and property damage. The PUC should enact a policy that will mandate public utility facilities transporting natural gas or natural gas liquids meet with the county emergency coordinator entrusted to respond in the event of natural gas release to ensure that the response would be efficient and effective. This would also provide the opportunity to review evacuation plans, current best practices and ensure that counties possess the required equipment needed to react to the threat of highly pressurized hazardous liquid pipelines. The PUC should establish protocols for pipeline operators to participate in funding the upkeep of any facilities or equipment that are critical in responding to pipeline incidents. Public Education The Commission should explore all possible avenues in order to require pipeline operators provide a County specific public education apparatus designed to inform and educate residents about responding to a pipeline incident. In the absence of having clear information about the nature and realities of a NGL pipeline, the public wrestles with insecurity about how to react should an emergency arise. Siting Procedures Protecting our families and communities is my top priority. For this reason, I encourage the PUC to adopt a new rule requiring public utilities acquire approval from the PUC regarding siting of new pipeline construction. This approval process should include considerations for environmental factors, such as wildlife habitats, geology, landscape, and others. This application should include a requirement that the pipeline operator conduct an aquifer study to be included with the application, as well as input from the Pennsylvania Department of Environment Protection (DEP). Finally, the approval process should include a public hearing in the county in which the proposed pipeline construction would take place. Remaining Life Study Pennsylvania currently has pipelines in operation from the 1930's, well before some of the technological advances and anti-corrosion measures that make pipelines relatively safer today were implemented. Pennsylvanians have the right to be reasonably assured that public utilities are maintained and operated beyond the most basic standards required, when considering pipeline safety the Commission should actively seek to require that after a certain threshold, legacy pipelines are subjected to a remaining life study to determine roughly how much operational life remains well before corrosion related incidents become imminent.
