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Letter Calling for Congressional Oversight Hearings on Keystone XL Pipeline

Posted in Energy, pipelines, Safety, Tarsands, tagged , , , , , , on November 19, 2013 |

Dear Senators and Representatives,

Last Tuesday (Nov. 12), CBS reported that nearly 50 percent of the welds on a section of the southern segment of the Keystone XL pipeline were faulty. That revelation was based on a Sept. 26, 2013, warning letter to pipeline owner TransCanada from the Pipeline and Hazardous Materials Safety Administration (PHMSA).  It was part of a broader story about problems with Keystone XL’s southern segment that included Public Citizen’s own investigative report, also released last week.

In the report, we documented 125 excavations TransCanada made to remedy possible “anomalies,” welds, dents or other problems in the southern segment of the pipeline, which runs from Oklahoma through Texas. In conjunction with the report, we sent a letter on Nov. 11 to Congress asking for oversight hearings.

Since then, we have reviewed the two letters cited by CBS, reviewed other PHMSA warning and corrective action letters sent to TransCanada, and spoken to a PHMSA official about some of the correspondence.

The Sept. 26 letter from PHMSA to TransCanada said that “TransCanada experienced a high weld rejection rate” on the section of the pipeline known as “Spread 3” and that “205 out of the 425 welds, or 48.2 percent,” required repairs.  The letter explained that TransCanada employed a welding process that was not a “previously qualified procedure” and “failed to use properly qualified welders.”

In an earlier, Sept. 10 warning letter, PHMSA said field inspectors found dents in pipe that appeared to be the result of rocks in the backfill used around it. The letter said TransCanada did not ensure that the pipe was installed “in a manner that minimizes the possibility of damage to the pipe.”

Damon Hill, a Washington-based public affairs analyst for PHMSA, said in a phone interview that after the letters were sent, PHMSA had “gone out and conducted inspections.” However, he said he could not provide dates of the inspections, confirm that they focused on the problems identified in the letters, or give even an approximate time frame for providing information on the results of these inspections.

Hill said, “The results of the inspections won’t come out until we issue an enforcement order.” He also said, “You’re trying to get me to say something specific, and I am not going to tell you something specific.”

Meanwhile, that section of the pipeline is scheduled to be filled with tar sands crude within a matter of weeks.

The construction problems and the lack of information about inspections are particularly alarming because of TransCanada’s history. The first phase of Keystone XL spilled 14 times in the first 14 months of its operation, according to a U.S. State Department report, and TransCanada’s Bison natural gas pipeline exploded within the first six months of operation.

Moreover, the number of weld problems has implications for the entire southern segment. If 205 repairs are needed on a single section, how many flaws are there likely to be in the rest of the pipeline’s 485 miles?

In light of the above, we firmly believe that the following should take place:

  • PHSMA should ensure correction of the problems identified in its letters, inspect the corrected work, and make the process and results publicly available and readily accessible.
  • PHMSA should inspect all of the “anomalies” indicated by our report and make the process and results publicly available and readily accessible.
  • Because of the high number of problems identified in PHMSA letters and our report, PHMSA should inspect the entire southern segment of Keystone XL. PHMSA should conduct a quality assurance review, and because the quality of the welds is critical to ensuring that the pipeline won’t leak or rupture, another hydrostatic test and caliper inline test should be complete before it is filled.
  • Congress should conduct oversight hearings to ensure that the pipeline is safe for the public and the environment.
  • All of the above should be completed before the pipeline is filled with tar sands crude and put into use.

Our report and PHMSA’s own letters raise the specter of a pipeline rife with construction flaws from its start in Cushing, Oklahoma, to its end at Texas’s Gulf Coast. Congress has a responsibility to ensure that flaws already identified and any undiscovered flaws do not result in a public health or environmental disaster. Texas’ waters should not be put at risk of contamination from pipeline breaks or spills.

Sincerely,

Tom “Smitty” Smith, Director
Public Citizen’s Texas Office
1303 San Antonio St.
Austin, Texas
(512) 477 1155
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Construction Problems Raise Questions about Safety of Keystone XL’s Southern Segment

Posted in pipelines, Tarsands, tagged , , , , on November 12, 2013 |

UPDATE:  If you didn’t catch the CBS national news report on Tuesday, November 12th on the problems with the Southern Segment of Keystone XL, click here.

Public Citizen Calls for Congressional Oversight Hearings and Delay in Startup 

As the Obama administration considers whether to approve the Keystone XL pipeline’s northern segment, owner TransCanada faces serious questions concerning construction and pipeline integrity issues on the Texas portion of the pipeline that throw its safety into question, Public Citizen said today.

In light of the problems – documented in Public Citizen’s newly released report, “TransCanada’s Keystone XL Southern Segment: Construction Problems Raise Questions About the Integrity of the Pipeline” – citizens and elected officials should call for a delay in startup until an investigation into its safety is completed.

The report documents construction problems and apparent engineering code violations along the Texas portion of the southern segment of the pipeline. The full southern segment, scheduled to be filled with oil by the end of 2013, will run from Cushing, Okla., to refineries on the Gulf Coast of Texas. It traverses 631 streams and rivers in Texas alone (see http://texaspipelinewatch.files.wordpress.com/2013/09/watersheds.pdf).

The apparent problems documented in the report include pipe being installed as part of new construction that had excessive bending or sagging, and peeling patches of field coating applied to cover damage on pipe about to be placed into the ground.

The report also notes more than 125 excavations in 250 miles of possible “anomalies” on pipe that had been buried for months. Those anomalies included dents, sags and other problems that could lead to spills or leakage of toxic tar sands crude.

“The government should investigate, and shouldn’t let crude flow until that is done,” said Tom “Smitty” Smith, director of Public Citizen’s Texas office. “Given the stakes – the potential for a catastrophic spill of hazardous crude along a pipeline that traverses hundreds of streams and rivers and comes within a few miles of some towns and cities – it would be irresponsible to allow the pipeline to start operating.”

Public Citizen also urges President Barack Obama and Secretary of State John Kerry, when deciding on the northern leg of Keystone XL, to consider TransCanada’s record of construction problems and code violations, and the pipeline’s potential impact on the sensitive areas of the Ogallala aquifer, which provides drinking water for millions of people, and the Sand Hills region of Nebraska, which the pipeline route crosses.

The report, available at http://www.citizen.org/documents/Keystone report – November 2013.pdf, encapsulates information gathered by Public Citizen, whose consultant traveled the area from May through June. Public Citizen collaborated with former TransCanada engineer and whistleblower Evan Vokes, who worked for TransCanada from 2007 to 2012 in the division responsible for construction standards.

For the report, landowners were interviewed, excavation sites were observed, video was reviewed and hundreds of photos of damaged pipe and work sites were examined. Observers also flew over the pipeline route several times.

In some areas, observers noticed stakes marked with “anomalies,” placed by TransCanada, with companion stakes marked “welds” and “dents.” One landowner reported that TransCanada contractors said as many as 70 anomalies were found in a 60-mile stretch between the Sulphur and the Sabine rivers in Texas.

TransCanada has claimed that the excavation and replacement of new pipe demonstrates its commitment to implement 57 special conditions of quality assurance and to build a “state-of-the-art” pipeline.However, TransCanada has had a history of problems with pipeline construction and safety for two decades:

  • During the construction of Keystone I, TransCanada pledged to meet 50 special conditions. But more than 47 anomalies along the line in four states had to be retested, and the Keystone I line spilled 12 times in the first year of operation.
  • In July 2011, TransCanada’s Bison natural gas pipeline exploded within the first six months of operation, blowing out an approximate 40-foot section of pipe. TransCanada had been warned of potential quality problems with construction and inspection.
  • In the 1990s, Iroquois Pipeline Operations, a subsidiary of TransCanada Pipelines Ltd., and four senior executives pleaded guilty to knowingly violating environmental and safety provisions of the pipeline construction permit. Iroquois executives had promised a pipeline of exceptional safety.

Public Citizen is calling on the Pipeline and ­­Hazardous Material Safety Administration (PHMSA) to review TransCanada’s construction quality assurance records, determine whether state and federal laws have been violated, and not permit the start of operations on the southern leg of the Keystone XL until the entire line has been hydrostatically retested – a sophisticated process that sends water through a pipeline at a specified level of pressure higher than the maximum operating pressure to test the integrity and strength of a pipeline. The southern segment also should be tested by an inline caliper device called a smart pig to look for integrity problems.

Public Citizen also calls on Congress to hold oversight hearings to ensure that PHMSA investigates and addresses the safety of the pipeline.

“TransCanada’s history with pipeline problems speaks for itself,” Smith said. “I fear we could be looking at another pipeline whose integrity may be in question.”

Citizens can:

  • Call upon Congress to hold oversight hearings to assure that the pipeline is retested and its safety is ensured;
  • Attend one of seven upcoming citizen hearings on the safety of the pipeline in East Texas (see http://texaspipelinewatch.org/calendar/ for schedule and addresses);
  • Meet with local first responders and ask county governments to develop tar-sands-spill- emergency response plan; and
  • Ask legislators to reform Texas common carrier laws pipeline and pipeline safety standards.

 

For  video of pipeline issues, see http://nacstop.org/EastTexasObserver.html.

June 16, 2013 tape

  • sagging, 4.38-4.59 minutes;
  • coating problem, 5.25-6.12 minutes;
  • anomaly mark, 6.24-7.10 minutes.

See May 31, 2013 tape

  • sagging, 26-31 seconds;
  • water, 4.59 minute
  • unsupported pipe, 4.29-6.20 minutes

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East Texans Seek Shutdown of Pegasus Pipeline – turning conservatives into activists

Posted in Air Quality, pipelines, Property Rights, Tarsands, tagged , , , , , , , , on November 11, 2013 |

warning pipelineCitizens in East Texas are becoming alarmed as representatives from ExxonMobil, operator of the Pegasus pipeline, show up to post yellow and black-striped warning markers along the pipeline route running across their land, the same one that ruptured about 320 miles northeast of there in March, spewing at least 210,000 gallons of heavy Canadian crude into neighborhood streets in Mayflower, Ark.  Click here to read the article by the Texas Tribune that documents how normally conservative landowners are turning into activists in defense of their land and their homes.

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Draw the Line: A Day of Action on Tar Sands Pipelines (Sat 9-21-13)

Posted in Global Warming, pipelines, Tarsands, tagged , , , , , on September 16, 2013 |

This coming weekend is a busy one for folks concerned about a variety of issues around climate change and eminent domain focusing around the Texas leg of the Keystone XL and other tar sands pipelines.

Saturday, September 21, 2013 is a national day of action, some of the events happening in Texas:

  • San Antonio – 10am to noon
    San Pedro Springs Park, 1415 San Pedro Avenue, San Antonio, TX
    Part of the 350.org national “Draw the Line” day of action, with Energia Mia, Alamo Chapter of the Sierra Club, Esperanza Center, the People’s Power Coalition, 100 Thousand Poets for Change, Bexar County Green Party, Texas Indigenous Council, and others will gather at the park to voice opposition to tar sands. (Pinata burst at 11 am)
  • Houston
    1:00 pm – Corner of Post Oak Blvd, and Westheimer, in Houston, TX and
    2:00 pm – Hermann Park, at the Street Theater.
  • Dallas
    9:30 am – White Rock Lake (West Lawther between Fisher and Branchfield), Dallas, TX.  Lake spruce up activities
    7:00 pm to Sunset – a roadside rally and candlelight vigil
  • Austin – Rally at the Texas Capitol

Click here to find out more about these actions and to locate actions in other communities.

line-11.jpg

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Eminent Domain: After the legislative session, where do Texas landowners stand?

Posted in pipelines, Property Rights, tagged , , , , , , on July 18, 2013 |

UPDATE

NPR’s State Impact takes a look at where landowners stand against pipeline companies’ claims that they have the right to take land through eminent domain.

Click here to read part one of a three-part series devoted to looking at efforts to overhaul eminent domain in Texas and what may come next for landowners, pipeline companies, and the oil and gas industry.

Click here to read part two of this three-part series.

Click here to read the third and final part of this series of articles on pipelines, eminent domain and Texas courts

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A Day Late and A Dollar Short: Public Citizen’s Texas Director Reacts to President Obama’s Climate Plan

Posted in Climate Change, Coal, Efficiency, Energy, Fracking, geothermal, Global Warming, green jobs, natural gas, pipelines, renewable portfolio standard, Renewables, solar, Tarsands, wind, tagged , , on June 25, 2013 |

There’s a lot to like in the president’s plan that he announced today, but there is a lot that falls short, too. Certainly on the most important measure, reducing coal-burning plant emissions, the president is a day late and a dollar short. The lack of specificity on the standard eventually to be issued makes it impossible to know how far reaching it will be.

But Texas shows how it can be done!  See below.

Associated Press/Charles Dharapak - President Barack Obama wipes perspiration from his face as he speaks about climate change

Associated Press/Charles Dharapak – President Barack Obama wipes perspiration from his face as he speaks about climate change

Catastrophic climate change poses a near-existential threat to humanity. We need a national mobilization — and indeed a worldwide mobilization – to transform rapidly from our fossil fuel-reliant past and present to a clean energy future. We need a sense of urgency – indeed, emergency – with massive investments, tough and specific standards and binding rules which are missing from the president’s plan.

The administration is finally using the authority ratified by a conservative Supreme Court to regulate greenhouse gas emissions under the Clean Air Act. The Administration will re-write rules for new plants and develop rules for all existing power plants. This is the most important tool the Administration has, and if the rules are written the way they should be, it will go a long way towards protecting consumers and our climate. This initiative builds on the successful and strong automobile tailpipe standards that have already been successfully rolled out. The downside is that the late 2015 final rule date is far off in the future, and will likely see lengthy legal challenges.

The plan also, helpfully, builds on existing programs and plucks some low-hanging fruit to reduce carbon emissions: Increasing renewable targets and efficiency on federal land, in the federal government’s operations, in the Pentagon, and in federally-assisted housing.

The Administration set the table recently by increasing the estimated cost of greenhouse gas (GHG) emissions to society, from $23.80/ton to $38.

Targeting oil industry subsidies, as the Administration proposes here, is also commonsense, and much needed policy.

However, there is no mention in the plan of using a uniform, strong climate change impact assessment under the National Environmental Policy Act, which would require the costs and impacts of GHG in every federal environmental impact statement. The failure to utilize NEPA for GHG assessment is a huge oversight.

Reserving the troubled loan guarantee program for “clean coal” is a taxpayer boondoggle waiting to happen. A case in point is the Obama-backed Kemper IGCC coal plant owned by Southern Co, which has seen costs balloon from $2.4 billion to $4.2 billion, with costs still rising further.

In general, the President’s embrace of an “all of the above” strategy, including oil and gas expansion, is a disaster. His focus on fossil fuel exports — including the explicit promotion of LNG (liquefied natural gas) and his failure to curtail coal exports – threatens to undo any positive elements of the plan. By promoting LNG, the Administration is moving full-speed-ahead on fracking – with no mention of how to control fugitive emissions, water contamination and other environmental problems posed by the controversial process. And while the proposed EPA rules over existing and new coal power plants will result in significant GHG reductions here at home, all of that will be negated (and more) if we ramp up our coal exports to China. Using NEPA and other statutes to ensure that the emissions of coal exports – and the fugitive emissions of fracked gas – are included in the environmental impact study (EIS) for export projects is essential.

The same goes for Keystone XL. Awaiting approval by the State Dept, the Keystone XL pipeline’s EIS is fatally flawed. The Administration has a chance to re-write the EIS to take into account the true GHG impact of the tar sands, which would require this gas-price boosting project to be rejected.  And Obama’s welcome announcement on KXL won’t affect the southern segment of the line being built from Oklahoma to Houston, nor will it stop the conversion of existing pipelines to carry tar sands. These are the back door ways that tar sands and its carbon pollution will leak into the international markets

At the end of the day, it would be helpful if the Administration would lend its support to an existing climate bill – the Climate Protection Act of 2013. This legislation places a price on carbon, sending revenues back to families and into investments for a sustainable energy economy (not to mention regulating fracking and repealing oil industry subsidies).

“Texas Shows How It Can Be Done”

The good news is that the solutions to global warming from the energy sector are within reach — and Texas shows how it can be done. We can power our state with renewable energy, energy efficiency demand side management and energy storage technologies and techniques that exist or are being developed right now.

“Here’s what Texas has shown in recent years:

  • In 1999 Texas adopted renewable energy goals – partially to reduce global warming. Now Texas leads the nation in production of wind energy, which is now so cheap that it is reducing consumers bills;
  • Renewable energy is now employing more people than coal plants and coal mines are  in Texas;
  • If we were to  develop more solar and geothermal, and employ energy  storage, we could meet our energy needs around the clock without relying on coal;
  • With the combination of those tools we could phase out and shut down our 22 climate killing coal plants;
  • Adopting building energy codes has reduced statewide carbon emissions by as much a coal plant would produce.”

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Public Citizen’s Legislative Wrap-Up: Where We Made Progress & Avoided Backsliding

Posted in Air Quality, Austin Energy, Budget, Climate Change, Coal, Coal Plants, Diesel, Efficiency, Energy, Global Warming, Nuclear, pipelines, Radioactive Waste, Renewables, solar, Sunset, Tarsands, Texas Legislature, Utilities, wind, tagged , , , , , , , , , , , , , , , , , , , on June 17, 2013 |

Texas Capitol - north viewWith the regular session behind us and energy and environmental issues not likely to find a place in the special session, it’s a good time to look at what we accomplished.

Our wins came in two forms – bills that passed that will actually improve policy in Texas and bills that didn’t pass that would have taken policy in the wrong direction.

We made progress by helping to get bills passed that:

  • Expand funding for the Texas Emissions Reduction Plan (TERP) by about 40%;
  • Create a program within TERP to replace old diesel tractor trailer trucks used in and around ports and rail yards (these are some of the most polluting vehicles on the road);
  • Establish new incentives within TERP for purchasing plug-in electric cars; and
  • Assign authority to the Railroad Commission (RRC) to regulate small oil and gas lines (these lines, known as gathering lines, are prone to leaks); and
  • Allows commercial and industrial building owners to obtain low-cost, long-term private sector financing for water conservation and energy-efficiency improvements, including on-site renewable energy, such as solar.

We successfully helped to stop or improve bad legislation that would have:

  • Eliminated hearings on permits for new pollution sources (the contested case hearing process is crucial to limiting pollution increases);
  • Eliminated additional inspections for facilities with repeated pollution violations;
  • Weakened protections against utilities that violate market rules and safety guidelines;
  • Eliminated property tax breaks for wind farms, while continuing the policy for other industries;
  • Granted home owners associations (HOAs) authority to unreasonably restrict homeowners ability to install solar panels on their roofs; and
  • Permitted Austin City Council to turn control of Austin Energy over to an unelected board without a vote by the citizens of Austin.

We did lose ground on the issue of radioactive waste disposal.  Despite our considerable efforts, a bill passed that will allow more highly radioactive waste to be disposed of in the Waste Control Specialists (WCS) facility in west Texas.  Campaign contributions certainly played an important roll in getting the bill passed.

We were also disappointed by Governor Perry’s veto of the Ethics Commission sunset bill, which included several improvements, including a requirement that railroad commissioners resign before running for another office, as they are prone to do.  Read Carol’s post about this bill and the issue.

With the legislation over and Perry’s veto pen out of ink, we now shift our attention to organizing and advocating for a transition from polluting energy sources that send money out of our state to clean energy sources that can grow our economy.

We’re working to:

  • Promote solar energy at electric cooperatives and municipal electric utilities;
  • Speed up the retirement of old, inefficient, polluting coal-fired power plants in east Texas;
  • Protect our climate and our port communities throughout the Gulf states from health hazards from new and expanded coal export facilities;
  • Fight permitting of the Keystone XL and other tar sands pipelines in Texas;
  • Ensure full implementation of improvements made to TERP; and
  • Develop an environmental platform for the 2014 election cycle.

Our power comes from people like you getting involved – even in small ways, like writing an email or making a call.  If you want to help us work for a cleaner, healthier, more sustainable future, email me at kwhite@citizen.org.  And one of the best things you can do is to get your friends involved too.

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Keystone Opponents Say President Should Reject Keystone XL Based on EPA Findings

Posted in pipelines, Tarsands, tagged , , , , on April 23, 2013 |

Keystone XL opponents are asking President Obama to reject the tar sands pipeline based on the new EPA report that assessed “environmental objections” and found that the State Department’s analysis included “insufficient information”.

The State Department’s own Draft Environmental Impact Statement (DEIS) made the case that Keystone XL would provide no tangible benefits for the U.S.—and now the EPA’s comments highlight the serious risks that the pipeline would create for the U.S. and for the communities along the pipeline route.

EPA’s letter to Assistant Secretary Fernandez and Assistant Secretary Jones outlined serious concerns regarding missing information from the DEIS, namely:

  • Greenhouse gas emissions
  • Pipeline safety
  • Alternative pipeline routes
  • Community and environmental justice impacts

Per the two reports from his own Administration and the over 200 pages of comments on the DEIS submitted by opponents, President Obama has no choice but to reject Keystone XL because it is not in our national interest.

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Under The Pipe

Posted in Global Warming, pipelines, Tarsands, tagged , , , , , , , , , , , , , , , , , on March 5, 2013 |

beforenafter1[1]The Keystone XL pipeline is embroiled in controversy from coast to coast. Environmentalists are rallied by its giant carbon footprint, the damage caused by spills, and the destruction of Canada’s boreal forests. Meanwhile, landowners are being forced to give up their property rights and cope with unacceptable safety issues.

More than thirty Texas waterways will be threatened by Keystone XL pipeline spills.  Tar sand is very difficult to clean up, especially in water.  And, Keystone XL is not required to pay the standard eight cents per barrel tax into the Oil Spill Liability Trust Fund, which means the cost to clean up any spills along the pipeline could become the tax burden of U.S. Citizens.  When tar sand comes into contact with water it begins to separate, leaving the heaviest, thickest product on the bottom.  Meanwhile, benzene and other airborne toxins are lifted to the surface of the water and evaporate into the atmosphere, directly threatening human life.

Burst pipelineLandowners in Texas have been confronted with having a tar sand pipeline cross their farms and ranches.  Ranchers and farmers have no choice where the pipeline lays down on their property.  The easement around the pipe is fifty feet wide, and there will be a kill zone around and under the pipe due to its temperature, which may exceed 158 degrees F. A running pressure of 1,600 pounds per square inch introduces the possibility of a stream with enough force to cut a person in two should a small rupture in the pipe occur.  But, problems with the pipeline do not stop at inherent danger.  The land owners are given a choice of payment for the easement, which requires them to pay taxes on the land under the pipe or, they can have the easement condemned, which leaves them without the right to use that property.  In truth, the land owners have no option when companies such as Keystone XL decide that a pipeline should cross their property, except to deal with the risks, or leave.

To make matters worse, the tar sands that would flow through the Keystone XL pipeline won’t even be used in the U.S. – they are destined for export to foreign countries.  So, we will incur the risks to our land and water and will suffer the consequences of climate change, but we won’t have any more energy security than we do now.  That’s a bad deal.  The risks associated with the Keystone XL pipeline are unacceptable. Most importantly, these risks are avoidable.  Let President Obama know that you want him reject the Keystone XL pipeline because the risks don’t outweigh the benefits.  The recently released draft Supplemental Environmental Impact Statement (SEIS) from the U.S. Department of State acknowledged that construction of the Keystone XL pipeline would create “numerous” and “substantial” impacts on the environment, but it claims the project is better than the alternatives.  If you disagree, as I do,  send comments on the draft SEIS via email to: keystonecomments@state.gov.

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