Unless Sunoco Pipeline LP fixes problems with the construction and operation of the Mariner East 2 natural gas liquids pipeline, the district attorney of Chester County, Pa., said he will have the courts declare the pipeline a public nuisance.
District Attorney Thomas Hogan notified Mariner, Sunoco and parent company Energy Transfer LP of the planned nuisance action Sept. 24. The companies have 60 days from the notice to correct permit violations, cover two exposed sections of pipeline in county creeks, and remedy five areas where drilling muds were spilled. According to Hogan's letter, the violations have been filed with the state Department of Environmental Protection.
While the Mariner East pipeline project has had a string of problems with construction, particularly at the eastern end in Delaware and Chester counties in Pennsylvania, analysts expected the 345,000-barrel-per-day NGL pipeline to be finished by the end of the year. The line is operating at a reduced capacity, moving NGLs to a shipping terminal in Marcus Hook, Pa., for export for producers such as Antero Resources Corp. and Range Resources Corp. The line takes NGLs from Ohio, West Virginia and western Pennsylvania to Marcus Hook, which is on the Delaware River near Philadelphia.
"We believe we are already well on our way to resolving the issues identified in the notice and look forward to discussing these issues with the DA's office in the coming weeks," Energy Transfer spokesperson Amanda Gorgueiro said in an email. Gorgueiro said Mariner has already cleaned up the drilling mud and has scheduled work to cover the exposed pipelines.
In December, Hogan's office opened a criminal probe into Mariner East's construction practices and environmental violations in Chester County, a probe that contributed to the nuisance complaint but that is still ongoing, First Assistant District Attorney Michael Noone said. A Pennsylvania Common Pleas Court judge could shut Mariner down if the pipeline developer has not fixed the problems within 60 days and the court finds the line is a nuisance.
"The judge has wide latitude, if it gets that far," Noone said.

