In an earlier post, we (longwindedly) pondered the question: why can’t Enbridge do better when it comes to cultivating amicable, productive relationships with landowners? Over and over they fail to do the simplest of things that would go a long way to fostering such positive relationships and ending what must seem to them like a never-ending stream of criticism. In this post, we’ll consider several possible answers to that question.
Theory #1: It’s not them, it’s us. Unlike Enbridge, we’re capable of self-reflection, of taking a sober look at ourselves and taking seriously the possibility that we are the problem. So maybe it’s us. After all, this blog is primarily devoted to criticism. From Enbridge’s point of view, we must surely seem like people who just like to complain, who are always adversarial, who will just never be happy (as Tom Hodge once said of displeased landowners generally). So why should they bother cultivating good relations with us? We’re a lost cause. If we’re not notified of construction activity, if our agents can’t give us any clear information, if Enbridge reps– Doug Aller, Jason Manshum, Mark Curwin– ignore our emails, well, we’ve got it coming. That’s what we get for all of the negative things we’ve said here, in newspapers, and elsewhere.
It’s a plausible theory. But there are a few reasons it doesn’t quite hold up. For one thing, it’s not just us. We’ve heard (and told) far too many stories of Enbridge’s disregard for other landowners, landowners who have never uttered a peep of criticism publicly against them. For another thing, in our correspondence with Enbridge reps we have always been unfailingly polite and respectful (we have every single email; we can show them to you!). In our correspondence with Enbridge, we have never given anyone any cause to think that we’re not communicating with them openly and honestly (as they say they communicate). And frankly, the same goes for this blog. Sure, we’re critical. But we don’t engage in personal attacks. We’re not inflammatory or ad hominem. We try very hard to stick to the facts. If there’s something here that is untrue, all Enbridge needs to do is say so and we will correct it. But they have never once done so. Finally, there’s one more reason why we think the “it’s us” theory doesn’t hold up: the fact of the matter is, like it or not, we are STILL Enbridge stakeholders. Their pipe runs through our property. We’re in this together no matter how little either of us likes it. They’re stuck with us just as we’re stuck with them. And we’ve never seen the part where their treatment of landowners or their corporate values exclude people who utter criticisms of them in public. If that’s the case, if their practice is really to “Take the time to understand the perspective of others… until they criticize you,” or if their actual policy is “Treat everyone with unfailing dignity… unless they say things you don’t like,” then maybe they need to revise their corporate values statement. But until they do, we’ll hold them to the original.
Theory #2: They’re evil. If it’s not us, it really must be them. So maybe they’re just bad, rotten to the core. Evil. One of the first things Enbridge Vice President Mark Sitek said to us when we spoke on the phone is, “we’re not evil.” And we quickly pointed out that we have never said any such thing about Enbridge. And in fact, after all this time, we would still never say that. So let’s be very clear: we do not think that Enbridge is “evil.” Frankly, we don’t really even know what such a statement could possibly mean in the first place.
Theory #3: Ineptitude. So if Enbridge isn’t evil, what are they? Well, one theory might hold that they’re simply inept. They’re incompetent. They don’t know what they’re doing and they lack the skills to do it. This is a tempting theory, especially given the fact that they so consistently fail to do things right. But there are several reasons we think this theory doesn’t hold. For one thing, they are a very large, very successful corporation. They make hundreds of millions of dollars a year. They operate and maintain a complicated and sophisticated network of pipelines and manage large, varied demands from diverse customers, partners, and stakeholders. You can’t do that if you’re inept (unless you win the lottery or something).
So maybe they’re only inept at dealing with landowners. This one we’re willing to consider. But Jason Manshum (and I’m sure others) assures us that the “vast majority” of landowners over the past 60 years are quite happy with Enbridge. And even though, judging from the way he’s dodging our questions about this point, he can’t provide any real evidence for that claim, let’s take him at his word. Let’s assume that they DO know how to deal successfully with landowners. Let’s assume it’s NOT ineptitude. The question still remains, why don’t they do what they know how to do?
Theory #4: They just don’t care. This one is tricky. It’s tricky because they talk a lot about how much they care. There are those corporate values, for example. There are all of those fancy and expensive ads (and more and more and more) designed to convince everyone of just how much they care. There are all of the statements that they make in public. But here’s an instance where it’s a little harder to take them at their word. After all, it’s easy to say you care. It’s easy to say you want to be a good neighbor. It’s a little harder to actually be a good neighbor. But not that much harder. Which is precisely the point. How difficult is it, really, to make sure that land agents know when and where construction crews are going to go digging up buried pipe so that they can notify the affected landowners? It can’t really be very hard. So why not just do it? Maybe because it doesn’t occur to you to do it. And the reason it doesn’t occur to you is because you don’t really care. Considering how a landowner who thought construction was over might feel if construction were to re-commence takes a little bit of empathy. Caring people empathize. So maybe this one’s true; Enbridge just doesn’t care– even though they want you to think they care.
Theory #5: It’s not them, it’s their contractors. The fair-minded part of us still wants to hold the tiniest bit of hope that theory #4 is wrong and that when Enbridge reps say they care, they actually mean it. So maybe the problem isn’t with them, but with their contractors. After all, most of what goes on on the ground, most of the people that landowners deal with aren’t actually Enbridge employees. They’re contractors. The construction crews are with an outfit called Precision Pipeline. The right of way agents (or so we understand; this whole system is rather murky) are apparently with a company called Salem Professional Services. And judging from what we heard at the Michigan International Right of Way Association, Salem may not have the best reputation in the industry. Our experience with their agents (though not all of them) seems to support the conclusion that Salem has some problems with quality or experience or professionalism or something. So perhaps there’s some merit to this theory. But we can’t say the same, not in our experience, with Precision. Not being pipeline engineers or welders, we’re hardly in a position to judge the quality of their work– although they appear to be experienced and efficient– but we can certainly say from dozens of conversations and encounters that they hire good people who take pride in their work. We have very much enjoyed meeting and talking with Precision’s construction workers. With very few exceptions they’ve been friendly, respectful, pleasant, serious and happy to engage and answer questions. Our only regret is that more of them haven’t been from Michigan.
So ultimately, we’re disinclined to pin it on the contractors, even though we have our concerns about Salem. After all, it shouldn’t be that hard for Enbridge to demand that its contractors adhere to its values and standards– regardless of the contracting company’s standards. And we know that Enbridge has its own employees in the area of land rights; we visited them. Those are the people, we assume, who should be training and monitoring the contract workers. They are the people, not Salem and its employees, who should be ultimately responsible for the failures and incompetencies and inaccuracies emanating from the land agents. So those are the people– or so our experience suggests– who seem not to really care, lending further credence to theory #4. After all, if the people in the corporate office of land rights aren’t willing to listen to and engage seriously and empathetically with landowners, how can the non-Enbridge employees they oversee be expected to do so?
But we still don’t think “they don’t care” is quite adequate. However, it appears that the answer to this simple question is so complicated that it requires a series of posts to do it justice. In fact, we’ve got a handful of more theories to consider. We’ll take those up in later installments. Please come back.
Jeff, your thoughts about Why Enbridge can’t do better are well taken, but here’s what I think is the answer. It’s the fault of the State of Michigan, which has failed completely to properly represent the interests of the landowners and local communities in the entire process. The State of Michigan do absolutely no due diligence before granting the permit, it has given Enbridge carte blanche to wreak havoc, and it has always sided with Enbridge against the interests of the landowners and the local communities.
I’ve felt that everyone who has been complaining about Enbridge or trying to deal with Enbridge through the courts, etc. is on the wrong track completely. What we should be doing is complaining about the state, and trying to get the permitting overturned from the standpoint that the state did not do its job and has not been doing its job. Protesting Enbridge is pretty useless…. protesting the state government and trying to get a bunch of people thrown out of office is what we should be focusing on.
So, blame the state first and foremost for allowing this company to get a permit with almost no due diligence (where are the data to back up most of what they claim?), allowing Enbridge to behave badly and doing nothing to hold it to a decent standard. Enbridge is just doing what corporations do….. maximizing their profits within the boudaries of what the state permits. But, the state should be protecting all of us, and it clearly is not.
Thanks again for your hard work!
–Patricia
Not caring can morph into evil, and not-my-jobism. Folks at the top….evil.
Well, I certainly agree with you totally on the failures of the state of Michigan, its regulatory system, and our elected officials, Patricia. Those reminders are very important and I’ve written a lot here about all of that (see the MPSC series, for example). But in my book, none of that lets Enbridge off the hook, especially since they spend so much time telling everyone that they are not just ruthlessly out to maximize profits, but are responsible and neighborly and all the rest.
Thanks for reading!
Agreed, Jeff!
Jeff, our experience is the same as yours. Add to that the following: the is a very weak communication link between the land agents and Mark Curwin/Enbridge. Fundementally the land agents appear to be on commission and are rewarded for keeping “easement administration costs” below some pre-set budgetnumber. So the land agents will naturally work hard to increase their compensation, which means landowners will get the short end.
In the end the answer is no, Enbridge does not care about the landowners because individual land owners cannot do much harm to their project costs. Only large and organized opposition can do that.
Hi Mark- Thank you. This has always been our suspicion, though we’ve never been able to verify how the land agent system works. Do you have more reliable information or insight on this? Could you email me backchannel about it? Thanks, Jeff.