Kansan seeking proof of Keystone pipeline’s integrity is being met with near-silence from Federal regulators

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According to a report appearing at stltoday.com, Concern mounts over oil pipeline safety, Federal regulators have not applied consistent standards in the course of construction of TransCanada’s Keystone pipeline. The article also indicates there may be a much larger issue—what a representative of the NRDC calls “agency capture” refers to an inappropriate closeness between regulators and operators. #

While landowners may have little immediate influence over whatever changes are necessary to improve safety in the wake of a series of glaring accidents, one Kansan is asking regulators very specific questions and is, thus far, getting no answers. #

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Below is a letter from Harry Bennett, a landowner whose property is adjacent to Keystone’s route and whose concerns I’ve cited before, to a regulator in the US Department of Transportation’s Office of Pipeline Safety, to which Bennett says he has not yet received a formal response (emphasis added): #

August 9, 2010 #

Mr. Harold Winnie
United States Department of Transportation
Office of Pipeline Safety
Central Region Office
901 Locust Street, Suite 462
Kansas City, Missouri 64106 #

Dear Mr. Winnie, #

We are property owners and live adjacent to the right of way of the Keystone Cushing Extension pipeline being constructed for TransCanada, LLC in Marion County, Kansas. We are not easement holders but are within approximately 50 yards of the pipeline. Our property is to the east of the pipeline between 180th and 170th roads in Wilson Township, Marion County, Kansas. #

Our small farm is on both sides of Spring Branch Creek and the Union Pacific Railroad tracks are the West border. The pipeline has had to cross Spring Branch Creek using a “wet-trench crossing” technique and then had to turn 45 degees and go under the rail right-of-way via a deep boring. During June and July of this summer we have observed the work of excavating very deep holes on both sides of the track, with the largest excavation occurring on the southeast side of the track, which is closest to our property. The excavations were open for a period of many weeks, and while turbid runoff rainwater filled the excavations and was pumped out, we noticed the holes would refill every evening with clean blue water. Photographs of this occurrence are available if you are interested. We contacted Mr. Don Carlson, Kansas Department of Health and Environment, Bureau of Water, Industrial Program Chief, and asked if this water would perhaps be coming from the groundwater table. He said that most likely, given the depth of the excavation and the proximity to the creek, that it is ground water. We have lived on this farm for 32 years and take all of our water for household use, livestock, and crop irrigation from two wells that we have on our property; it is our only source of fresh pure water. The static level of our well is consistently 15 feet from the surface, which would indicate to us that the pipeline is indeed lying in the groundwater that we depend on for our home and farm. #

The 36” pipeline between 180th and 170th roads has an extraordinary number of twists, turns and elevation changes in a very short stretch: crossing the creek, turning to cross the railroad track, and then turning back to continue the pipeline path due south. With so many welds and piping fabrications in a section of pipeline that is in direct contact with our water source we have grave concerns. Any leak that would occur in this pipeline with the operating volumes and pressures would be devastating to our supply of water. We would like to know what quality control measures were taken on this particular section of pipeline. We are requesting any reports by field inspectors of your agency on the installation of this specific section of pipeline. We would like to have access to the industrial radiologist’s reports on the radiological examinations of the pipeline welds on the pipeline constructions between 180th and 170th roads. Steve Craycroft, a TransCanada employee, told us at a meeting at our house on July 9, 2010 that every weld on the pipeline is x-rayed for quality assurance. If this is the case, we would like to see the results of those measures. #

The pipeline leak in Michigan last month has made us very aware of the dangers associated with petroleum pipelines and water quality. Your agency stands between us and the possibility of a leak that would have dire consequences for the life-supporting water resource that my family and many others in this community depend on. Please respond promptly with the information I have requested. #

Sincerely, #

Harry E. Bennett #

Bennett has spoken to the regulator and expressed frustration over being told “that the radiological reports I request may not be available because they belong to TransCanada….the fox doesn’t guard the henhouse, he owns the whole damn farm!” #