Conversation with an Enbridge VP, Part the Last

Conversation with an Enbridge VP, Part the Last

We’re continuing to play catch-up with all of our unfinished business around here, while also re-visiting our notes from the Pipeline Safety Trust conference (the subject of our recently launched new series!). Among other things, we’re still scratching our heads over Enbridge contractor Precision Pipeline’s baffling flag faux-pas and we’re a little worked up over yesterday’s Enbridge Freep ad (teaser: they found a happy landowner!). We also drove around a bit this weekend and took some construction pictures– since entries to our photo contest are few and far between (but it’s not too late to submit! Please?!). More on all of that is coming up.

Meanwhile, it’s high time we wrapped up our series on our conversation with Enbridge Vice President Mark Sitek. We had a second call with him on Monday and while it, too, was candid and respectful, we’re not sure it was terribly productive. We haven’t quite given up on Mark yet, but we’re less hopeful now about the potential fruits of this exchange than we were a few weeks ago.

But we can start with one positive note: Mark assured me that Enbridge is going to change the indemnification language they present to landowners. The new language will not be two-way indemnification (which we’ve expressed lots of concerns about before), but only a one-way indemnification (that is, Enbridge will indemnify landowners, not the other way around). As an example– we don’t know if this is precisely what they’ll use– here is the one-way indemnification clause in the contract we signed (after objecting to the original two-way language):

Lessees agree to indemnify and hold Lessor harmless against any and all claims, demands, and causes of action, intentional misconduct of its employees, agents, representatives, contractors, subcontractors or invitees.

Now, this change is undoubtedly good news and it does show that Enbridge is capable of a certain degree of responsiveness. We are grateful to Mark for looking into the matter and taking action. He deserves credit for that. At the same time, we do have to qualify our praise on this point since (1) this is a pretty modest action, an easy step for Enbridge to take; and (2) Mark still refused to concede that there was any real problem with the original language other than that it was “confusing” (as opposed to an attempt to shift a portion of liability onto unsuspecting homeowners, as we’ve always maintained). Nevertheless, it is a little step and we’ll take it. And we thank Mark Sitek for it sincerely.

As for other matters, we’ll just say that in general it seemed to us that Mark demonstrated what we have already described as Enbridge’s general unwillingness to honestly, soberly, and self-critically reflect upon its actions and practices or to consider how they look, not from the perspective of Enbridge, but from the perspective of landowners. We believe that unwillingness– perhaps it’s stubbornness– is absolutely endemic to Enbridge corporate culture.

For instance, at a certain point in each of our conversations with Mark, he set forth a kind of bottom line: the fact is, he told us in our last conversation (as I recall, we were talking about compensation for “disturbance and inconvenience”) that Enbridge owns easement rights on most of these properties, rights they have owned for 40 years. And the further fact is that those rights allow them the use of adjacent land (i.e., temporary work space).

Now, on the one hand, this is an indisputable fact (although owning easement rights doesn’t mean they can simply do whatever they want), a fact that we have never once questioned in any way. On the other hand, as we said to Mark at the time, if that’s Enbridge’s bottom line–“we have rights and we’re going to use those rights to do what we want”– that’s fine. Then just say so. But don’t then also pretend that you’re devoted to being a good neighbor, that you want to cultivate good relationships, that you are committed to openness and honesty, etc, etc. Because if you say all that latter stuff, we are going to expect it. And expecting it, we are going to be disappointed and frustrated and call you out when you fail to live up to it.

We’ll give just one further example of this: at one point, Mark also said he thought we’d been a little unfair to Enbridge spokesperson Jennifer Smith. You remember, she’s the one who said that Enbridge does not ask landowners to sign agreements granting indemnification to Enbridge. We have also pointed out that Smith claims Enbridge compensates landowners for “disturbance and inconvenience,” even though Mark himself conceded that, strictly speaking, this is not exactly true. By contrast, we think it is absolutely fair to point out when someone makes dubious claims. In fact, we went out of our way to be fair to Jennifer Smith by writing to her directly to ask her for clarification. Her response? Nothing. She did not respond to us at all. (How’s that for respect and open and honest communication?)

In fact, if anybody has been unfair to Jennifer Smith– and to her fellow spokespersons, PR people, and marketers– it is Enbridge itself. As we said when we first mentioned her, we think it’s probably the case that the Jennifer Smiths who work for Enbridge have no idea about what’s in the agreements presented to landowners or what what actually goes on in negotiations between landowners and ROW agents. Instead, what Enbridge’s Jennifer Smiths know is what Enbridge tells them to say. And when those things turn out not to be true, it’s the spokespersons– because they’re the ones saying it– who have to take the heat for peddling misinformation. Which means that Enbridge is hanging its own people out to dry.

We don’t know whether our interactions with Mark have reached a conclusion. Graciously, he invited us to contact him in the future if we need to do so. We’ll also say that we think that Mark is a genuinely nice guy; we’re sure he’s quite good at his job. But we also think that he is a product of what we’ve been diagnosing as the peculiar malady that afflicts Enbridge culture. Consider this point of contrast: after our PS Trust talk this week, executives of Marathon Pipe Line told us that the story of our experience caused them to think, “is that us?” That is, we gave them reason to take a hard look at themselves and their practices, to consider whether they were actually living up to their own stated values. However, never once– and this includes our exchanges with Mark– have we heard the same from Enbridge. Instead, all we have ever heard from them is, “that’s not us.” Unlike Marathon and others, they remain steadfastly, intractably unwilling to take a hard look at themselves.

Happy Veterans Day

Here’s an interesting photo on this Veteran’s Day. The photo was taken over in Livingston County. Precision Pipeline is Enbridge’s general contractor for the Line 6B project.

Anybody notice anything troubling here? We think it’s an apt metaphor.

Last week’s Freep ad (updated!)

Last week’s Freep ad (updated!)

Now that we’ve returned from the Pipeline Safety Trust conference– we’ve already launched our new series of reports on it!– we hope to try and catch up on some overdue posts. First up is the most recent ad Enbridge ran in the Detroit Free Press (and elsewhere, we believe). You might recall that we found it rather difficult to procure a copy of this ad (though we finally decided to reject the notion that there was a conspiracy afoot to prevent us from seeing it). We still have not gotten our hands on it. Fortunately, our wonderful reader Linda supplied us with a description and some copy. [SEE UPDATE BELOW.]

But first, a small item of note. In our first report on the PS Trust conference, we mentioned that there was one exception to the total Enbridge snub of us at the conference. We still plan to post a full version of that story in another conference report. But we will say here that the single Enbridge representative who did speak to us was Director of US Corporate and Business Communications Terri Larson. We had some minor apprehensions about the substance of what Terri said to us (and we said as much to her), but based on our brief interaction, we liked her. She struck us as sincere and we very much appreciated her willingness to engage us; she invited us to do the same. And we will.

We mention that here because it turns out that Terri is one of the people responsible for the series of Enbridge ads we’ve been writing about. (And given how critical we’ve been of them, we think that makes it all the more commendable that Terri approached us.)

At any rate, here is the description of the ad we received from Linda:

Huge picture of beautiful landscape with pipe snaking through it.   Headlines:  Line 6B:  ENGINEERED RELIABILITY……Enbridge is replacing segments of its Line 6B pipeline that runs through Michigan and Indiana to ensure the continued secure supply of energy resources through this key transportation system.  Throughout this process, we want you, our neighbors, to know that careful planning is going into engineering and constructing this system.

These pipeline segments will meet or exceed regulatory requirements with design features including:

-Increased wall thickness from the current .250 inch to a minimum of .375 and up to .625 inch under wetlands and water crossings.

-35 remotely controlled electric valves, in addition to valves at pump station sites.

-Higher strength steel and state of the art fusion bonded epoxy coating to help inhibit external corrosion.

Based on this description, we’d have to say that this is the least objectionable of the ads that have run so far. At the same time, you’d surely be disappointed if we didn’t find something to which we object. So, briefly, here goes:

We’ll let the “our neighbors” bit go just this once; that’s well-covered ground at this point. Instead, we’ll focus on some other things we’ve said (or asked) before. That is, all this stuff sounds great, especially since most of us know very little about these technical matters. But a closer look might give one a bit of pause. For example, telling us the number of remotely controlled electric valves (if one even knows what they are) is close to meaningless unless one first knows, say, what a standard number of valves is for a particular length of pipe. (This is the sort of thing that a bunch of the tech-heads at the PS Trust conference, like our friends Robert Whitesides and Michael Holmstrom likely know.)

We could say similar things about the other items. After all, the list really raises more questions than it answers. For instance, why the range– a rather wide range– of wall thicknesses at wetlands and water crossings? What thicknesses will be used at which crossings? Why and how is that determined? How would anyone who wanted that information find it out?

The same might go for the statement about how “these pipeline segments will meet or exceed regulatory requirements.” We’re not told which of the listed design features exceed regulatory requirements (and it’s not even 100% clear that the regulatory requirements we’re talking about here are U.S. requirements). In fact, this very question– about which federal requirements the design of this pipeline exceeds– is one that we stood up and asked at the now-infamous Brandon Township “workshop.” Perhaps you’ve heard that it’s now been more than two months since that workshop and Enbridge has STILL not answered that question– or any others.

So here is what we’re going to do. We’re just going to write to Terri Larson and ask her this one simple question: specifically, which design features of the new pipe exceed which regulations? We will report back what we learn.

Just one final point, one that we have also made before: we have little doubt all of these technological improvements are surely a very good thing (how could they not be compared to a 40 year old pipe?!). But it bears remembering that at Marshall, technology was a relatively small part of the problem. Technological failures didn’t make for disaster in Marshall; human failures did.

——-

[UPDATE: Thanks to our friend Nate Pavlovic who sent us a photo of the ad last night. We especially like its pastoralism, which almost makes it seem as if the pipeline is a natural feature of the landscape itself, like the trees and the grass. But it puts us in mind of the great Wallace Stevens poem, “Anecdote of the Jar”– just substitute “pipe” for “jar” and “Michigan” for “Tennessee”:

I placed a jar in Tennessee,
And round it was, upon a hill.
It made the slovenly wilderness
Surround that hill.

The wilderness rose up to it,
And sprawled around, no longer wild.
The jar was round upon the ground
And tall and of a port in air.

It took dominion every where.
The jar was gray and bare.
It did not give of bird or bush,
Like nothing else in Tennessee.]

PS Trust Report, Part 1

PS Trust Report, Part 1

In lots of ways, the Pipeline Safety Trust conference was a humbling experience. It didn’t take long– about a minute into Carl Weimer’s opening remarks, in fact– to realize just how little we know compared to all the smart, knowledgeable people in our midst. We learned a great deal and came away with so much to think about. Fortunately, the PS Trust has made it possible to go back and revisit things with their terrific webcast– available here.

We need to mention one little unfortunate note about the webcast, however: the best session of the conference (in our view)– the Environmental panel featuring Beth Wallace, Anthony Swift, and Gabe Scott– wasn’t filmed. We have a hunch as to why (it’s no fault of PS Trust’s!) and will discuss it in another installment in the series, one devoted entirely to that panel. Yes, that’s a teaser.

For our first installment, however, we’re going to talk just a little bit about ourselves, begging forgiveness. If you missed our presentation, you can still watch it here. (And don’t neglect our fellow panelists Emily Krafjack and Bonnie and Jon Kruse— they were excellent. To regular readers of this blog, there wasn’t a great deal that was new in our talk and so we’re not going to rehash it. Instead, we want to say a few words about the aftermath:

More than a few people approached us afterwards– that afternoon and evening and the next day. Precisely who approached us and why, we think, is quite telling. Here’s a rundown of some of the folks who found what we had to say useful or thought-provoking:

  • Francisco Salguero, Executive Manager at Pacific Gas and Electric. Francisco deals with public awareness and landowner relations. He was the first person to approach us to ask a question that nearly blew us away. After noting that his job entails working with landowners and the public, he said, “what can I do better?” And he meant it. We had a terrific exchange.
  • Craig Pierson, President of Marathon Pipe Line, LLC. Over beignets at Cafe du Monde, Craig said that our presentation had the contingent from Marathon all abuzz, asking themselves, “is that us? are we treating our stakeholders that way?” And already– the very night of our talk– Craig and his team were talking about ways that they could find answers to those questions and adjust their practices accordingly. Wow.
  • Randy Stansberry, Region Manager, Marathon Pipe Line. Randy approached me and reiterated some of what we discussed with Craig Pierson. We got him thinking, he said, “are we living up to our values?” To try and get some answers to that questions, Randy described their plan to contact landowners for focus groups in order to gather feedback. This was, you can imagine, tremendously heartening.
  • Vern Meijer, Vice President, U.S. Operations, TransCanada. Vern also thanked us and noted that our presentation caused him to think about his company’s treatment of landowners. Incidentally, we found ourselves sitting next to Vern during the final session of the conference. As landowners and other advocates spoke, he was actively taking notes!

We spoke with a number of others as well. But these four are the main industry reps who went out of their way to speak with us– something they certainly did not need to do (after all, who are we to them?). We plan to follow up with them and, in some small way, cultivate beneficial relationships with them.

Now we’re sure that by this point, our readers, a perceptive bunch, can see where this is going: PG&E, Marathon, TransCanada. We did NOT spend our 15 minutes talking about the ways these companies treat landowners. So it would be reasonable for you to expect us at this point to recount the conversations we had with people from Enbridge or to tell you about the productive dialogue with Enbridge attendees that our presentation initiated or to describe to you how the conference helped extend and build upon the conversations we’ve had with Mark Sitek.

Unfortunately, I can’t tell you any of that. And the reason I can’t tell you any of that is because the Enbridge representatives at the conference– there were, we believe, five of them– all but ignored us. With just one exception, not exactly related to the primary theme of our talk (we plan to make that encounter the subject of another installment of this series), the Enbridge representatives in attendance did not seek us out for more conversation. They did not thank us for our perspective. They didn’t ask a question, offer a point of clarification or even of rebuttal. Unlike the folks from PG&E, Marathon, and TransCanada, the Enbridge attendees could not be bothered to talk with us at all. In fact, they didn’t say a single word to us.

Actually, that’s not strictly true. There was our brief encounter with our old friend Larry Springer– you remember him as the guy who singlehandedly sparked a series of posts a while back. Standing in line for lunch on Thursday, we happened to see someone in front of us with an iPad, upon which was displayed this very blog. Unable to contain ourselves, we politely interrupted just to say, “hey, that’s our blog,” to which the gentleman with the iPad replied, “Yes, I know”– and then turned away before we even had a chance introduce ourselves and engage in what one would expect to be the ordinary pleasantries of such a moment. But he was turned toward us long enough to afford a quick glimpse of his name badge. Yes, that’s right, Larry Springer actually– and quite rudely, if we’re being honest– snubbed us.

Now, we’re not much bothered that Larry Springer snubbed us. But one would have thought that, say, Lorraine Little would have introduced herself. After all, she’s one of the people at Enbridge we’ve tried (and failed) to engage. Still, we’re not that bothered that she didn’t speak with us either. No, what really bothers us is this:

All of those people from Enbridge at the conference who couldn’t be bothered to speak with us? They’re all from the PR department. I mean, Craig Pierson is the actual President of Marathon Pipe Lines. Vern Meijer is the Vice President of operations at TransCanada. These are people who make real decisions, people who are in a position to institute real changes, people whose jobs are not primarily devoted to spin. The Enbridge attendees, by contrast: all spin doctors.

What’s so baffling about this is that the conference actually presented Enbridge with an opportunity to prove us (a little bit) wrong. They had a chance to show that they really are willing to listen carefully to landowners, that they really are interested in open and honest communication, that they really do, as their values state, “take the time to understand the perspective of others.” They had a chance to cause us to come home and type up a blog post praising them for treating us respectfully, a post describing our new Enbridge friends. They could have given us cause to write an entry expressing gratitude toward them just as we’ve expressed gratitude toward Salguero, Pierson, Stansberry, and Meijer above. They could have given us a tale of a positive encounter with Enbridge to bring to our readers. And the truth is– perhaps they simply don’t believe this–we would LOVE to tell that tale. But Enbridge (stubbornly? willfully? deliberately? we have no idea) failed to take advantage of that opportunity.

Instead– and it gives us no real joy to gloat about this–they simply confirmed so many of the things we’ve said about them time and again– the very things we said in our presentation. They once again showed themselves unwilling to engage openly and honestly with stakeholders unless on their own narrow terms. They once again showed themselves unwilling to take a sober look at their conduct and practices and engage in a bit of serious introspection. They once again showed that even matters as vitally important as landowner relations and pipeline safety are to them not much more than p.r. matters.

 

PS Trust conference highlights

PS Trust conference highlights

Oh boy, have we got things to write about! We were already backed up with need-to-get-to material (court hearings, telephone conversations, permitting processes, advertisements, Indiana matters– and more). But we learned and experienced so much at our first Pipeline Safety Trust conference that now we’re really in the woods. It’s going to take us a while to sort through our notes and say all that we’ve got to say. Which means, of course: a new series!

In lieu of a first entry in that series (coming up, we hope, right quick), here’s a quick rundown of some (not all) of the highlights of our conference experience (in random order):

  • Mark Rosekind of the NTSB reminding everyone of how Enbridge ignored their own 10-minute rule
  • Ben Gotschall (brilliant) on milk
  • Kim Savage (cutting and wise) on minding your manners
  • Beth Wallace (with aplomb) brooking no nonsense from TransCanada execs
  • Anthony Swift on rhetoric versus reality
  • Legal confabulations (way out of my depth) with Sara Gosman and Rebecca Craven
  • Sharing fried alligator with Mike Watza
  • Hearing Glenn Archambault’s horrifying story over a stiff drink (the only way to endure that particular tale)
  • Learning about whales’ olfactory sense from an actual whale hunter, Rosemary Ahtuangaruak
  • Gabe Scott reminding us that differences matter
  • Deb Miller and Sue Connolly nearly exploding when Enbridge’s Denise Hamsher got defensive about Marshall
  • Breakfast with fellow Hoosier native Nate Pavlovic
  • Terrible Bourbon Street daiquiris with Mike O’Leary (and others)
  • Carl Weimer with a face full of beignets
  • Kim Savage’s (extraordinarily well-behaved) 9-year old son asking me, “Mr. Jeff, did you ever study chemistry?”

 

PS Trust Day 2

PS Trust Day 2

It’s day two at the Pipeline Safety Trust Conference. Our head is still spinning a little from yesterday– both because we’ve learned so much, met so many interesting people, spent some time with the truly fabulous (smart, interesting, good-hearted, dedicated, welcoming) Michigan contingent and because it appears that our presentation was quite well received. More details on that will be coming soon. If you missed our presentation (and the excellent presentations of our fellow panelists), the video should be posted at the conference website soon, probably later today.

We’ll be posting a lot about our experience in the coming week– hopefully starting later today. There’s also lots from Michigan to discuss as well– not least the news from the POLAR hearing in federal court on Wednesday.

But first, we need to digest our belly full of beignets from last night. On that topic, we learned that nobody is as beignet-crazy as PS Trust Executive Director, Carl Weimer (himself a native Michigander). I mean, just look at the guy:

PS Trust Conference and more

There are two important events taking place this week:

Today at 2 pm, a second hearing will take place on the POLAR lawsuit in federal court. At issue is the question of “standing”— a question that we hope will be easily resolved now that Brandon Township has intervened in the suit. There is no question that they have standing to enforce their own ordinances– and, we would also think, the state Constitution.

The other event is the Pipeline Safety Trust conference. A large Michigan contingent will be attending as well as some good folks from Indiana. We’re looking forward to seeing some of our new friends in the flesh for the first time. We’re also hoping to have some productive conversations with Enbridge reps and lots of other people. We will, of course, post updates as time allows.

We’re told that most of the conference will be webcast live. Check the PS Trust link above for details. The landowners panel we’ll take part in is at 4 pm (central time) tomorrow (that’s Thursday).

Lastly, at present we have precisely ZERO entries for the photo contest. Come on, people! We know you’ve got cellphones and you’ve also got bulldozers and sections of pipe in your yards. Your fellow landowners want to see.

Photo contest!

We received an astonishing and disturbing photograph from our friend Beth Duman today. And many of you have noticed that we’ve been posting lots of our own. Whatever else there is to be said about it, pipeline construction is rather extraordinary. And we don’t know about the rest of you, but we’re pretty interested in what everybody else’s properties look like these days.

So we’ve decided to get interactive and invite entries for our first (and possibly only) photo contest. (Well, there aren’t really any prizes nor any winners, but still: we can each judge in our own heads whose pictures are the most horrifying.

Everyone along Line 6B is welcome to submit an entry or two or three– as many as you like. And we won’t publish names or addresses or anything if you don’t want, though a rough location (county, township, and or street name) might be nice.

You can send your photos directly to us here.

 

 

Construction violations

Construction violations

Violations of construction line list agreements were among the things we discussed yesterday with Mark Sitek. He seemed incredulous that such things were happening (except for one or two unfortunate mistakes). The latest from Christopher Behnan at the Livingston Daily Press & Argus suggests otherwise.

Oh, and we’ll award special bonus points to anybody who can make heads or tails of what Jason Manshum says here:

“The true test of any restoration work comes once the entire project is complete, so, during construction, patience is critical,” Manshum said in an email.

On the positive side, State Representative Bill Rogers has apparently decided to wake up from his slumber to become the first state elected official we know of to utter a single public word on behalf of landowners. Three cheers for Bill Rogers!

Brandon intervenes in federal court

Brandon intervenes in federal court

Yesterday, Brandon Township filed a “motion to intervene” and a  “complaint in intervention” in the POLAR lawsuit in federal court. We have copies of both in our possession and, in our non-legal-professional opinion, the latter is excellent. Not only does it seek to enforce the local consent requirement of the Michigan constitution. It also seeks relief from the court (that is, an injunction against Enbridge) until Enbridge complies with the township’s Woodlands ordinance and other township ordinances.

If we can find some time, we’ll try to post more details. But there are plenty of other matters we also want to get to:

Apparently, we were mistaken about the absence of an Enbridge ad in the Free Press this week. We can’t explain why we couldn’t find it in the copy we bought, but we now have a transcript of it, though not the actual ad. You won’t be surprised to learn that we’ve got plenty to say about it (as we have with the others).

We’ll wrap up our series on our conversation with Enbridge VP Mark Sitek. In our view, our last conversation was on the whole very disappointing (and disheartening), though it was instructive in important ways. And there is one tiny piece of reasonably good news to report.

The Pipeline Safety Trust conference is this week. There will surely be plenty to report.

Phone call footnote

Just got off the telephone with Enbridge VP Mark Sitek again. We appreciate his time and the fact that he is at least willing to face an actual landowner and hear us out; we can’t say the same about everybody at Enbridge.

With that said, with one small exception, it was an unsatisfactory conversation. If we can stomach it, we’ll try to supply a bit of detail later. In the meantime, we’ll just say that we wish Mark would read and actually reflect on this. It remains, in our view, a very serious problem.

Our conversation with an Enbridge VP, Part 4

Among other things, we’re working this week on our upcoming presentation at the Pipeline Safety Trust conference, where we’re eager for the chance to talk with other landowners, regulators, and industry personnel. We’re looking forward to listening and learning. Perhaps we’ll even get a chance to meet and speak face to face with some Enbridge folks!

Of course, we’ve already spoken at some length with Enbridge Vice President Mark Sitek and we’re looking forward to a follow-up conversation or two. As regular readers know, we’ve been using that initial conversation as an opportunity to diagnose Enbridge, to try and articulate some of the underlying conditions that plague them and cause them to alienate stakeholders. We’ll likely talk about some of this in our presentation at the conference this week.

Just this morning, we were thinking about this alienation of stakeholders after reading the comments of Brandon Township Supervisor Kathy Thurman in the Brandon Citizen. Referring to a number of outstanding questions from a meeting with Enbridge representatives two months ago, Thurman said:

“Enbridge does not appear to be sincere in what they have communicated to the township. They have made statements that they will get information we have requested, but they have not produced it for us.”

Of course, we suspected at the time that Enbridge wasn’t altogether sincere– and more or less said as much in our report of that meeting. But the larger point here is that Enbridge seems to have serious problems with sincerity in general. That’s the topic of this installment in our series:

Part 4; Just tell the @&*! truth

We begin once again with one of Enbride’s stated core values: “Maintain truth in all interactions.” This, we believe, is excellent policy. We try very hard to adhere to it ourselves on this very blog. But based on our experience, this is another value that Enbridge fails to live up to. Indeed, there appears to be something deeply ingrained in Enbridge’s corporate culture that prevents them from simply being straightforward and forthright. We’re not saying that everything you hear from Enbridge is an outright falsehood. But we are saying that in far too many instances, you simply can’t take what Enbridge says at face value. And that’s a problem.

A ramble through our archives will reveal plenty of examples. But here is a quick rundown on some of them:

  • Statements and promises from ROW agents far too numerous to recount.
  • When asked by a reporter at the small-town Tri-City Times about the sudden appearance of pipes near Capac, Enbridge spokesperson said they were for integrity work on Line 5. We found that explanation suspicious. And it was. Manshum later provided a different explanation.
  • In one of their recent ads, Enbridge claimed that “landowner representatives” (ie, ROW agents) are our “neighbors.” But as far as we know, only one ROW agent working with landowners on this project has ever resided in Michigan. All the rest are from out of state.
  • Enbridge spokesperson Jennifer Smith recently claimed that Enbridge pays compensation for “disturbance and inconvenience.” We were led to believe by our ROW agent that Enbridge does not pay for these things.
  • Lands and Right-of-Way Project Manager Doug Aller said that he would call me. He has never called me.

Individually, perhaps any one of these things can be explained away or, in some cases, forgiven: ROW agents are misinformed or under pressure; Manshum just didn’t know what was going on in Capac; Doug Aller is a very, very busy guy; advertisements always shade the truth a little. Nevertheless, the fact is that all of these (arguably) little things– placed alongside plenty of big things– add up. They accrue. And taken cumulatively, they exhibit a pattern of behavior– a pattern that would cause anyone to wonder and worry.

So what does all of this have to do with Mark Sitek? We are not going to claim that he did not speak truthfully with us. We still think our conversation with him was conducted (mostly) in good faith. However, we do think that parts of our conversation illustrated the culture we described before: a culture that for some reason finds it hard just to be forthright. Let us explain.

One of the more interesting moments in our conversation was when I raised the issue of reactivation of the old pipe. This is (possibly) another example of an instance where one can’t quite be certain about Enbridge’s statements. Back in September, we heard four different representatives tell the Brandon board of trustees that they knew of no cases where Enbridge had reactivated an idle pipe. But then it took us no more than an hour or two to find three examples— one featured prominently on Enbridge’s own website. So were the Enbridge reps just not telling the truth? We don’t know. But we are left wondering.

An any rate, Mark was much more straightforward about the matter than almost anyone we’ve ever heard. He eventually conceded– after a while, not right away and with some reluctance– that it is possible they could use the deactivated pipe in the future, though they have no current plans to do so. In fact, he said Enbridge has the legal right to use that pipe.

Now, we don’t much care for that answer. I don’t want that pipe ever to be used again. But it is the truth. And we respect the truth. The problem, we pointed out to Mark, is that nobody EVER says that. The only thing anybody from Enbridge ever says about that question is “we have no plans” to put it back into use. And when they say that, they just sound evasive, less than truthful, certainly not forthright. Yet they seem to have no sense of this whatsoever. They seem unable to grasp the simple fact that people would much rather be dealt with truthfully and straightforwardly, even if the news is bad, than be dealt with evasively and misleadingly.

The same holds for the matter of the indemnification language we’ve discussed so many times before (most recently here). Mark disagreed with us about the meaning of that language (that may be the subject of a later post), though we maintained that its net effect was corrosive to relations. But when we suggested that Enbridge stop shopping that language to landowners, Mark expressed concern about what the “storyline” would be– that is, he was worried that changing that practice would simply allow people to say, “see, Enbridge admits that it’s been doing wrong.”

Yet that reply is the whole problem we’re describing here. Mark’s primary concern in this case was not with repairing relations with landowners, with doing what’s right, with confronting the truth of that indemnity language, with making changes that might benefit everybody. Rather, his concern was with Enbridge’s public image.

What he seemed not to understand– what Enbridge, in general, seems not to understand (just witness their series of recent ads)– is that this relentless devotion to its public image is precisely (paradoxically) the cause of its poor public image. Saying you’re a good neighbor isn’t the same as being a good neighbor. Saying you treat people fairly isn’t the same as treating people fairly. Saying you value the truth isn’t the same as just telling the @&*! truth.

 

 

Brandon: Enbridge not sincere

Brandon: Enbridge not sincere

We’ve said it before and we’ll say it again: no local reporter has done such excellent work on the Line 6B story as Susan Bromley of the local paper the Brandon Citizen (why The Oakland Press, for instance, has completely ignored Brandon Township we will never understand). Bromley’s latest covers the exciting development of Brandon Township’s decision to take legal action to require Enbridge to comply with the state Constitution. Township Supervisor Kathy Thurman:

“We will be requiring that Enbridge obtain consent to cross our roads,” said Supervisor Kathy Thurman. “Article 7, section 29 of the Michigan state constitution says a utility needs to obtain local consent. They are running a pipeline, so in that regard, they are a utility… We also want them to abide by ordinances.”

And on the Brandon Township woodlands ordinance:

The woodlands ordinance states that no person of any nature, for whatever reason shall develop any parcel in the township without providing a survey of woodlands on such parcel. Enbridge has not complied with the ordinance.

And finally, something we’ve said here repeatedly:

“We definitely want to see the pipeline replaced, but we are concerned that it be done in the proper manner,” said Thurman. “Enbridge does not appear to be sincere in what they have communicated to the township. They have made statements that they will get information we have requested, but they have not produced it for us.”

One more thing we’ve said repeatedly: the courage and leadership of Thurman and the other Brandon board members is an inspiration.

 

 

 

This week’s Enbridge ad

This week’s Enbridge ad

Three weeks ago in an ad published in the Detroit Free Press (and elsewhere), Enbridge promised:

over the next four weeks we will use space in this newspaper to share project updates and to address some of [the public’s] questions. . .

And for two weeks, they (sort of) delivered on that promise. That is, they did use space in the newspaper–they just didn’t use it all that well and they didn’t really address any questions. Instead, they gave us more marketing spin and predictable sloganeering.

But what the ads lacked in actual informational value, they more than made up for in instructiveness. We thought the ads pretty effectively demonstrated the disconnect between Enbridge’s words and actions— the same disconnect we’ve been describing for months. And to be honest, we’ve really enjoyed slicing and dicing the ads. They’ve become the highlight of our Sunday mornings of late.

So you can imagine our disappointment when we came home with our Sunday edition of the Freep only to search the paper in vain for this week’s ad. Evidently, Enbridge has abandoned that strategy– which means they only made it two out of the four weeks they promised. We’re still hopeful that they’re just taking a break, perhaps because of this week’s elections. In the meantime, we’ll try to find something else to do with ourselves.

More pipe photos

More pipe photos

Never could we have imagined that we (or anyone else) would be interested in looking at pictures of steel pipe. Yet here we are. . .

What’s cooking

What’s cooking

We’re working on a number of items that we hope to bring to you in the coming days. In lieu of having any of them actually completed, here’s a little teaser about what you can expect (among other things):

Please check back often!

Our fancy new look!

Our fancy new look!

As you can see, we’ve made some changes, spiffed up the joint a bit and done some reorganizing. We hope you like what we’ve done (and feel free to let us know if you don’t– we can take it). The changes are still a bit unfinished, so we will be working out some kinks, building pages for the navigation menu items, and a fiddling with a few other things over the next several days, so please bear with us.

Brandon Township to intervene in POLAR lawsuit

Brandon Township to intervene in POLAR lawsuit

As we reported earlier this week, on Monday, the Brandon Township Board of Trustees passed a resolution to take whatever legal steps necessary to require Enbridge to seek local consent from municipalities before commencing construction. At that time, they left open the question of what specific action they would take.

Last night in closed session, the board discussed this matter. When they emerged, they unanimously approved a motion to intervene in the POLAR lawsuit. As we noted before, this action (we think) will effectively resolve the issue of standing that was the concern of Judge Cleland at last month’s hearing. Hopefully, that will mean that the substantive issues at stake– most importantly the issue of the force of the state constitution and the Highway Act– to finally be heard.

Congratulations once again to Supervisor Kathy Thurman for her unflinching leadership and to the other board members for their spine. This is extremely heartening news!

Our Conversation with an Enbridge VP, Part 3

Our Conversation with an Enbridge VP, Part 3

Lately, we’ve been thinking our way through the conversation we had a week ago Wednesday with Enbridge Vice President Mark Sitek. Rather than providing a transcript from memory of that conversation, we’ve touched upon some of its highlights to try and understand– even to diagnose– the malady that plagues Enbridge (in our view). So far, we’ve discussed Enbridge’s insularity and the difficulty they seem to have looking at matters from the point of view of others– obviously, those two things are related.

In our third installment, we will consider another related trait: the trouble Enbridge seems to have taking accountability for its actions.

Part 3: Taking Accountability   (more…)