S.A.V.E. Rt. 41, Southern Chester County, PA: Current News

Natural, agricultural and historic resources of Chester County are under assault from numerous proposed gas pipeline projects in various stages of project development. All are anticipated to have significant direct, indirect and cumulative environmental impacts on resources in and near the pipeline corridors and even far downstream in the watersheds through which they are built. S.A.V.E. is working to avoid or mitigate to the greatest extent possible these projects in order to minimize environmental harm and degradation of quality of life and to ensure the safety and rights of the region's citizens. Many feel that these current projects are the result of National Energy Policy Act changes following 9/11 that went too far in eradicating state's rights and represent an imbalance between the federal responsibility for national energy policy and local land use decisions.

On January 15th, the US Federal Energy Regulatory Commission (FERC) stretched the limit of their authority by approving a proposed Liquefied Natural Gas (LNG) terminal and pipeline from Sparrows Point, Maryland, in Baltimore County, to Eagle, Pennsylvania with an unprecedented 169 conditions that would need to be met before construction could begin.

Facts about the proposed project:

Approximately 150 LNG tankers would travel 124 miles up the Chesapeake each year to offload at the Sparrows Point terminal
The pipeline would run a total of 32 miles through Chester County, seven of which would be across permanently preserved open space and agricultural lands
In Chester County, more than 400 parcels in fourteen municipalities would be impacted
AES states that the total 88 miles of pipeline construction would have a "temporary" impact on about 1,801 acres of land
The proposed pipeline would cross within 50' of 179 residences and 56 other buildings
The project directly impacts the Chesapeake and Delaware River watersheds, including the Brandywine, Octorara, Elks, and White Clay Creeks.

FERC granted the project conditional approval, even though:

More than 30 federal, state and county permits and processes remain uncompleted, some not yet even initiated, so the public has not had access to a full review by agencies such as the Pennsylvania Department of Environmental Protection and the State Historic Preservation Office.
An Emergency Management Plan has not yet been filed or available for public review
Assessment of impacts to wetlands and endangered species remains incomplete
Numerous private property owners and government agencies have expressed concern in writing to FERC and filed for standing as Interveners, including: Londonderry, East Fallowfield, West Marlborough Newlin, East Bradford, and Upper Uwchlan Townships.
Risk to water quality has received inadequate attention to date. In just one example, the project would cross the Brandywine Creek and its tributaries more than 36 times — with open blasting being the preferred method of crossing by AES-Mid-Atlantic, presumably because drilling a line under the creeks and rivers would be more costly, even if it would reduce environmental impact of erosion and sedimentation and degradation of water quality.
By FERC's own admission "Pipeline construction could also affect wells and septic systems."
The extent to which existing tree cover would be destroyed remains undetermined
Studies are incomplete regarding the potential impact the LNG facility might have on air quality in the region — already a designated "Non-Attainment Zone."
The Pennsylvania and Maryland Congressional delegations have expressed concern about the project and its seemingly expedited process with inadequate information provided to the public and time allotted for review and comment.
The expansion of gas pipelines through the region may well serve to facilitate the construction of potentially even more onerous electric transmission lines

In FERC's January 15th decision, now-Acting FERC Chair, Jon Wellinghoff raised some thoughtful concerns, echoing many of our own, including whether the AES / Mid-Atlantic project is needed to serve the energy needs of the Mid-Atlantic and South Atlantic regions, and if the future energy needs of these regions can be better served with alternative resources, such as domestic natural gas and renewable resources, and with less environmental impact. Wellinghoff's comments include:

That the majority opinion utilized outdated data in natural gas energy consumption projections in its decision, and, using more current data, he confirms a significantly lower projected increase in natural gas use in the Mid-Atlantic region, and a decrease in usage in the South Atlantic region.
AES did not prove that it has a ready LNG supply under contract. As recently as year-end September 2008, existing LNG terminals in the U.S. operated at an average of 10% capacity. LNG supply capacity is even now struggling to keep pace with international demand, while the U.S. remains a "market of last resort."
The FEIS provides no analysis of domestic natural gas infrastructure and renewable and distributed energy resources as alternatives and data shows that these sources of energy supply are reasonable, environmentally preferable alternatives.
The FEIS was dismissive of requests to look more closely at renewable resources as an alternative to the Sparrows Point project. "Without analysis, the FEIS reaches the conclusion that the projected energy needs of the Mid-Atlantic and South Atlantic regions cannot be met by alternative energy sources." However the data shows otherwise.
"Environmental and community concerns have not been fully and fairly evaluated."

Allowing construction of such a facility and pipeline infrastructure runs counter to tax-payer funded programs of farmland preservation, open space conservation, restoration of riparian buffers, the federally funded White Clay Creek Wild & Scenic River designation, and Governor Rendell's strategy to create an energy-independent Commonwealth. The AES LNG facility would solely support foreign-based sources of natural gas, rather than home-grown, sustainable, and Pennsylvania-based energy sources. In addition, it appears that the company wants taxpayers to foot much of the bill for any security changes that may need to be implemented, especially unfair because the natural gas will originate from foreign countries.

In 2008, both the Chester County Planning Commission and the Chester County Water Resources Authority submitted extensive and thorough comments to FERC regarding the AES project. The vast majority of the concerns raised by these and many other agencies, organizations and citizens continue to be unaddressed, unresolved and of great concern. Chester County's nationally recognized comprehensive plan components, Landscapes and Watersheds, were created to ensure that sound strategies and priorities be employed to balance water resources stewardship, public safety, and growth management needs of the County and its constituents. They are the foundation of Chester County citizens' expectations of life in Chester County.

Existing gas pipelines in Chester County

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