Sunoco Withdraws Exemption From Local Zoning For Mariner East Pipeline
“On March 5, Sunoco Pipeline L.P. withdrew its request for an exemption from the Pennsylvania Municipalities Planning Code for the construction of a series of industrial valve control and pumping stations necessary to advance its Mariner East project. Sunoco will still be pursuing construction of Mariner East 1, but is no longer pursuing its claim that it is a “public utility corporation,” and, therefore entitled to exemption from local zoning and eminent domain authority.According to the legal filing, Sunoco has secured necessary local approvals to advance its Mariner East Project.In May of 2014, Sunoco Pipeline L.P. had submitted a series of petitions before the Public Utility Commission seeking a finding that certain structures related to its Mariner East 1 pipeline project would be exempt from all local zoning ordinances pursuant to the Municipal Planning Code. In order to be exempt from local zoning Sunoco attempted to demonstrate its status as a “public utility corporation.” The Delaware Riverkeeper Network, Clean Air Council, and Mountain Watershed Association all opposed Sunoco’s status as a “public utility corporation” before the PUC, and initially secured a dismissal of Sunoco’s petitions. This decision was later overturned by the PUC’s Commissioners and the case proceeded with a tentative hearing date scheduled for May. On March 4, Sunoco filed a Petition for leave to Withdraw Pleadings which requests the PUC to withdraw all the remaining petitions in the dockets before the PUC. As such, if the PUC grants Sunoco’s request, the case before the PUC would be considered moot and Sunoco would not be exempt from local zoning for its projects.“The pipeline battles being fought today across Pennsylvania and across the region are setting important precedent and determining the fate of many of our communities. While Sunoco may have taken away our opportunity to advance good precedent in this case, they have also denied themselves the opportunity to be declared a Public Utility Corporation which is a victory for the community,” said Maya van Rossum, the Delaware Riverkeeper.”
PA Environment Digest. North Central PA.com 6 March 2015.