You Can’t Believe Anything Enbridge Says, part 1,497

You Can’t Believe Anything Enbridge Says, part 1,497

Last night at their Virtual Community Meeting Enbridge, once again, misinformed the public. Now, perhaps you find that as unsurprising as the rising and the setting of the sun– and that sort of response is justifiable. But it’s important not to accept this as a natural phenomenon; it’s important not to normalize Enbridge’s persistent failure simply to tell the truth. So let me explain what happened and then I will explain why it matters.

After a boilerplate presentation, Enbridge accepted questions from attendees. At one point, a questioner asked why Enbridge misrepresents their safety to protocols in the media to appease the public. But this was not precisely the question the Enbridge moderator asked. Instead, despite the questioner’s request that the question be read just as it was phrased (I know this because the questioner, who was not me, happens to be a friend of mine), the moderator re-worded it into a more anodyne question about Enbridge’s safety systems. That’s bad enough.

But the response to the question was even worse. (And here let me say that I could name the Enbridge rep who answered this question but instead I’m just going to say “Enbridge” because this issue of not telling the truth is not an individual problem. It’s systemic; it is, in fact, endemic to the way Enbridge communicates with the public). At any rate, in response to this question, Enbridge offered up some familiar platitudes about how the 2010 spill had forever changed them. Then, as an example of how they’ve changed, Enbridge said they have instituted a 10-minute restriction: a rule that says if they can’t identify and resolve a problem with a pipeline for which they’ve received a warning within ten minutes, they will shut the line down until the problem is resolved. Enbridge added, explicitly, that they did not have a 10-minute restriction in place in 2010.

But this is patently false! Enbridge most certainly had a ten minute restriction in place in 2010. In fact, what makes this falsehood particularly striking is that the ten minute rule was a major point of discussion in the NTSB report outlining Enbridge’s failures in 2010. The NTSB cited that rule as of the prime examples of Enbridge’s “culture of deviance” from their own safety protocols and systems. In addition, the ten minute rule wasn’t even new then. It had already been in place for almost 20 years, instituted in 1991 after another Enbridge oil spill in Minnesota. I wrote about this at length eight years ago as an illustration of how Enbridge does not change, does not learn from their mistakes. You can check it out here.

So just let this sink in: in response to a question about misrepresenting their safety protocols, Enbridge misrepresented their safety protocols.

Now, maybe you’re thinking this isn’t such a big deal. Maybe you’re thinking that this falsehood is relatively inconsequential compared, say, to the time the Enbridge CEO failed to tell the truth about the type of oil that spilled into Talmadge Creek, or the time Enbridge lied to the EPA, or the time Enbridge pretended like the spill in Marshall didn’t happen when it happened, or the time Enbridge simply made disparaging things up about a concerned Canadian citizen, or the time Enbridge made the Mississippi River disappear in Minnesota, or the time Enbridge failed to disclose important information about protective coating on Line 5 to Michigan state officials, or… any number of other examples I could cite. But the existence of all these other examples is one very important reason why this one matters so very much. Nor is that all. Consider:

  1. The reason Enbridge even scheduled this week’s Virtual Community Meetings in the first place was to comply with the terms of the Consent Decree they reached with the Department of Justice as a settlement for the 2010 spill. That stipulation exists because the NTSB found Enbridge’s community awareness efforts inadequate, a fact that contributed to the magnitude of the spill. So these meeting are meant to help correct that inadequacy. But if what’s happening at those meetings is the spread of misinformation, one could plausibly argue that Enbridge hasn’t really fulfilled its obligation under the terms of the agreement. After all, it is surely not the case that the DoJ just wanted Enbridge to hold meetings, regardless of the accuracy of the information presented at those meetings, right?
  2. In fairness, it may well be the case that this piece of misinformation was simply an error (though it was definitely NOT an example of misspeaking; that much was clear). Maybe this particular representative from Enbridge simply doesn’t know the history of the ten minute rule. Maybe this person doesn’t have a strong grasp of Enbridge’s safety protocols before or since the 2010 spill. But if that’s the case, shouldn’t that person be disqualified from talking about it? If Enbridge wants to inform the public accurately, shouldn’t they send a representative who actually knows these things? Or shouldn’t Enbridge simply provide better training for the people they send out to interface with the public? The fact that they don’t does not engender confidence about their corporate systems and protocols.
  3. This is a pattern of behavior. It just can’t be stated enough: this is not an isolated example (see examples above), this is a decade-long pattern of behavior, one that almost defies explanation. But the inescapable fact is that Enbridge simply cannot be trusted to tell the truth, even when like last night, there’s not really even much to be gained from spreading misinformation.
  4. Finally, the fact that Enbridge cannot be trusted to tell the truth has enormous consequences. At this moment, Enbridge is seeking approval in multiple states for massive new infrastructure projects: Line 3 in Minnesota and Line 5 here in Michigan, most notably. And to advance those interests, Enbridge is also involved in massive public relations and lobbying efforts to persuade members of the public and elected officials to support their projects. But why would anyone– how can anyone– believe their rosy assurances? How can public agencies be assured that Enbridge is taking part in regulatory proceedings in good faith? How can the public have confidence in those proceedings when the party at the center of them is so habitually dishonest? How can anyone possibly accept that Enbridge respects tribal sovereignty in Wisconsin or cares at all about safeguarding waterways in Minnesota or that they can build a concrete tunnel under the Straits of Mackinac in Michigan in just three years?

So, sure, maybe in the context of one short, sparsely attended online community meeting last night’s falsehood doesn’t seem like much. But in this broader context, as part of Enbridge’s persistent, abiding, ongoing pattern of dissembling, withholding, spreading misinformation, and prevarication, I think it’s of tremendous importance. How much longer are state officials and credulous members of the public going to shrug their shoulders, dismiss, ignore, or explain away Enbridge’s untrustworthy conduct?

 

Enbridge Line 5: Spare Us the Bullshit

Enbridge Line 5: Spare Us the Bullshit

It’s been a bad week for Enbridge.

By now, I assume you’ve seen the news: Enbridge disclosed to the state on Thursday that they’ve discovered serious but unexplained damage to an anchor supporting a segment of Line 5. Apparently it was bad enough that Enbridge shut the line down briefly. The governor sent a letter requesting more information but before the ink was even dry on that letter Enbridge started the line up again, prompting a second stern letter from Governor Whitmer. As of this writing, no one really knows what happened.

This news comes on the heels of the announcement, which I wrote about on Friday, that the EPA fined Enbridge more than $6 million dollars for safety violations related to the 2017 consent decree. Unsurprisingly, Enbridge offered up a whole bunch of lame excuses for their lack of compliance with some very simple rules.

It also comes on the heels of a rather extraordinary letter published in the Detroit News by Enbridge’s Great Lakes Director of Operatons Mike Moeller. Of course, the letter has nothing interesting to say at all. What makes it extraordinary is the sheer number of bromides Moeller (or the PR shill who wrote it for him) is able to pack into a short letter to the editor. It trots out every hackneyed phrase (“indomitable resolve”! “unwavering focus”! “hard work [and] determination”) its authors could think of and then, just when you start to feel queasy, they add some platitudes about “resilience” and “forg[ing] strong connections with the communities in which we operate” and Michigander’s “spirit in the face of adversity”– a spirit Moeller apparently finds “inspiring.” Gag.

This sort of clichéd prose, as any reader can tell instantly, is the hallmark of insincerity. And ordinarily, I wouldn’t even bother commenting on yet another pointless assemblage of vapid phrases from Enbridge. But the juxtaposition of Moeller’s letter with the other Enbridge news of this week provides a striking reminder of something else everyone else knows but that can’t be repeated often enough:

That despite all their public relations claptrap about “critical infrastructure” needs, all their hollow talk about their commitments to Michigan, and all their unconvincing assurances about “operational and environmental safeguards,” Enbridge really only cares about one thing: pumping as much oil through their pipelines as quickly and for as long as they can to make as much profit as possible. Period. That’s it.

So if that means treating landowners, communities, and local officials shabbily, so be it. If that means withholding information of pipeline defects from the state or dragging their feet to fix those defects, so be it. If that means treating “administrative” matters as an afterthought, so be it. And if that means thumbing their nose at a Governor rightly concerned about the revelation of a potentially dangerous situation and hastily starting Line 5 up again despite her calls that they proceed with caution and transparency, then so be it.

Update (6/23): In response to the re-start and disregard of Gov. Whitmer’s request for a full investigation, Attorney General Dana Nessel has filed a Court motion seeking a temporary restraining order and preliminary injunction pending more information. Nessel also released a statement:

To date, Enbridge has provided no explanation of what caused this damage and a woefully insufficient explanation of the current condition and safety of the pipeline as a result of this damage…We cannot rely on Enbridge to act in the best interests of the people of this State so I am compelled to ask the Court to order them to.”

As I’ve said before, Nessel gets it. She knows very well what everybody else knows: Enbridge is never going to change. They literally can’t. They can’t even if the individuals who work for the company, like Mike Moeller, honestly would like to. That’s because Enbridge exists only to do one thing and they’re going to keep doing that thing until someone tells them they can’t. The only interest they’ll ever act in favor of is their bottom line. That’s why it’s long past time for the Governor, who thankfully supports Nessel’s latest action, to continue to pretend there’s an amicable solution to the Line 5 problem. It’s long past time for her to finally take decisive action.

At this point, there is really only thing to ask of Enbridge: just spare us the bullshit.

 

Enbridge Fined Again: Fool Me Once…

Enbridge Fined Again: Fool Me Once…

Enbridge has been fined again. This week, Enbridge announced that it has reached a settlement with the Environmental Protection Agency for failing to comply with safety-related measures stipulated in the U.S. Department of Justice consent decree Enbridge agreed to in 2017 as a result of the Marshall spill.

You can read the whole thing here. The fines totaling $6.7 million are the result, among other things, of Enbridge’s failure “to complete timely identification and evaluation of thousands of ‘shallow dent’ features on Lakehead System pipelines” and to take measures to repair or mitigate those defects in their pipelines.

Sound familiar?

This is exhausting. I’ve been writing this same blog post for 8 full years now. I’m frankly tired of it. How many times do I have to point out that Enbridge, despite all of its corporate public relations rhetoric, never learns from its mistakes? How many times do I need to document how they repeat precisely the same (unsafe) behavior over and over? How many times do I have to rehearse the fact that when they get busted they prevaricate and dissemble and make laughable excuses like a teenager caught sneaking peppermint schnapps from the liquor cabinet?

First, let’s be very clear about one thing: failing to take swift action to correct defects on a pipeline is very serious business. By now, everyone reading this knows that is exactly what led to the disastrous spill in Marshall. We all know that Enbridge knew, for years, about cracks and other defects in Line 6B but they did not take measures to fix those problems. We also know the result: a million gallons of diluted bitumen in the Kalamazoo River.

Secondly, fast forward to 2017, when Enbridge once again tried to hide or downplay pipeline defects, this time with Line 5. Enbridge knew about damaged protective coating on Line 5 for years before divulging that very important and very serious information to Michigan state officials

Thirdly, Enbridge’s response in these instances is always grudging compliance and excuse-making. Never do they take responsibility. The present example of this is so extraordinary I need to tell you about it in some detail. Please stick with me:

Although Enbridge has agreed to pay the $6-plus million in fines, they steadfastly refuse to concede that they have committed any safety violations. Instead, in a truly stunning letter to the EPA, Enbridg’s attorneys shamelessly attempt to write the whole thing off as no big deal, insisting that “all of these alleged violations were largely administrative in nature and did not result in any safety issues, missed integrity risk reduction activities, loss of product or any damage to the environment.” So, for example, when the EPA fines Enbridge for failing to report crack features in a timely manner, Enbridge says it was because of “an administrative oversight.” And when the EPA fines Enbridge for completing their Threat Integration for Line 3 a few days late, Enbridge shrugs it off as “an administrative error.” And on and on and on. No parent of a child would ever accept such bullshit.

But two things are worth recognizing here with regard to these “administrative” matters. First, this kind of administration is incredibly important. Enbridge seems to want the EPA and the rest of us to believe that because these things are all “administrative in nature” they are of no particular concern. But there are important reasons for these rules; there are important reasons that regulatory bodies require, say, the timely reporting of crack defects in pipelines: it’s one way to assure that those defects get corrected before there is a problem, like a massive spill. Applying for a driver’s license and keeping your auto insurance updated are also “administrative in nature,” but they are important. Administration is prevention.

Secondly, if a corporation is making that many “administrative errors” isn’t that a sign of some deeper problems? Sure, anybody can make one mistake. There are a hundred reasons why someone might make an auto insurance payment late; insurance companies even make allowances for such things. But if I pay my insurance bill late over and over, eventually my insurer will probably terminate my coverage. And make no mistake about it, Enbridge has a long history of exhibiting troubling patterns of behavior, a long history of just these kinds of systemic problems. Have we already forgotten about the NTSB’s description of the company’s “culture of deviance” from safety protocols? How can Enbridge expect to earn the public’s trust if they’re so sloppy and lax with regard to “administrative” matters?

Finally– and this is the most important part– Enbridge insists to EPA over and over that these administrative problems “did not result in any safety issues, missed integrity risk reduction activities, loss of product or any damage to the environment.” But that argument is outlandish. To extend my analogy, just because I drove my car home safely without a license or insurance does not mean I should have been driving the car. And I definitely shouldn’t be driving it while drinking, which is basically what Enbridge is doing by continuing to operate pipelines with known defects. Just because nothing happened this time doesn’t mean it won’t. Again, that’s the whole point of all of this: prevention.

Frankly, I don’t know how EPA can abide Enbridge’s cavalier attitude toward these things, especially given the way Enbridge has thumbed its nose at the EPA in the past. But one thing is for sure: this troubling behavior, these lapses, these failures to take responsibility, this disturbing pattern of behavior should be given serious consideration when it comes to regulatory approvals (or disapprovals) of Line 3 and Line 5. Enbridge calls them “administrative errors”; I call them “evidence.”

 

 

Enbridge Community Meetings

Enbridge Community Meetings

As many of you know, postcards from Enbridge have been arriving in the mail this week announcing a “Community Meeting.” In fact, Enbridge is (has been) holding a number of these meetings around the region this spring (details below). Understandably, this...
More on the Marshall Spill “Settlement”

More on the Marshall Spill “Settlement”

As we reported last week, the Department of Justice and Enbridge have reached finally reached a settlement in the Marshall spill. For reasons we described in our post, we don’t think the settlement is at all satisfactory. And we’re not alone. In an excellent Smart Pig blog post, Rebecca Craven of the Pipeline Safety Trust also outlines some of the areas where the settlement appears to fall short. Our own view is that, in many ways, the settlement is quite advantageous to Enbridge.

However, there is one bit of good news in the settlement that we neglected to mention: it clearly prohibits Enbridge from ever re-using the original Line 6B. You might recall that this is something many of us in Michigan asked for repeatedly prior to construction of the new Line. But Enbridge always hedged. Now, that line will be decommissioned permanently, which is very good news indeed. Of course, even that injunction is less than ideal: it should have been part of the terms of approval of the new line and Enbridge should have been required to remove it, rather than leaving it in the ground.

Which brings us back to the consent decree. You see, as we mentioned in our last post, the proposed settlement contains a number of provisions relating to Enbridge’s Line 3 project in Minnesota, a project that might well induce in Michiganders a terrifying sense of déjà vu. Like Line 6B, Line 3 is old and deteriorating. The consent decree requires Enbridge to replace it and decommission the original Line 3. But this is in no way an onerous requirement for Enbridge and it certainly isn’t punishment. That’s because Enbridge already planned to “replace” the line. But as with Line 6B, they aren’t really “replacing” the line. Instead, they’re building a brand new one—an even bigger one—and they want to build it in a different location. Yes, you read that correctly: a larger diameter pipeline in a different location. To call that a replacement is an abuse of language. It’s also a very clever way of skirting the requirements of their presidential permit for that line—a replay of their Line 6B strategy.

But the Line 3 boondoggle is even worse than the Line 6B replacement. That’s because the consent decree does not require the permanent decommissioning of the original Line 3. Instead, it lays out a number of conditions that would allow Enbridge to continue to operate it. That’s deeply troubling. If that line is going to be decommissioned, we agree with our friends in Minnesota that it should be taken out of the ground, just as should have been done with Line 3 (in fact, you can support their efforts by signing this petition). But instead, the settlement leaves open the possibility of allowing Enbridge to operate both a new Line 3 in a new location and the old Line 3. As a result, Enbridge, cunningly, seems to have negotiated an agreement with the Department of Justice that essentially rewards them for the costliest inland oil spill in U.S. history.

But here’s the (potentially) good news: the settlement is not yet final. The public has 30 days to comment on it. We urge you to do so. In particular, we urge you to ask the DoJ to remove the Line 3 provisions altogether. After all, what do those things have to do with affairs in Michigan in the first place? You might also encourage DoJ to file criminal charges and to require Supplemental Environmental Projects that could benefit Michigan. Lastly, you might ask for some tougher requirements with regard to Line 5. Instead of giving them tacit permission to continue to operate those lines, Enbridge should have to generate a plan to shut down and remove those dangerous pipelines from beneath the Straits of Mackinac once and for all.

For more reasons you should oppose the Line 3 project and helpful links for commenting on the consent decree, visit this page from our friends at Honor the Earth.

Enbridge Ruins Lives, Gets Rewarded

Enbridge Ruins Lives, Gets Rewarded

We’re back from our period of dormancy to mark the sixth anniversary of the Marshall spill. (Yes, despite what Enbridge says, today is the anniversary!).

By now you have probably heard the news: last week the Department of Justice, at long last, has announced penalties against Enbridge for the devastating Marshall spill. Why it took six full years and why the penalties were a matter of negotiation, we will never understand. But setting that aside, we’ve got a few things to say about the substance of the so-called “settlement”:

First, you probably read that Enbridge has been “hit with a $177 million bill” or some such. Everybody seems to be seizing upon this $177 million figure, even those who have been most outspoken or dogged in documenting Enbridge’s misdeeds. But don’t believe it. Enbridge was not hit with a $177 million dollar bill. The DoJ levied a $61 million civil penalty— for violations of the Clean Water Act. They were also “hit” with another $1 million for another spill. And they are required to pay back another $5 million to the Oil Spill Liability Fund, which they drew from during the cleanup.

So why is everybody saying $177 million? Well, it’s because Enbridge and DoJ estimate that it’s going to cost Enbridge an additional $110 million to comply with a number of provisions in the settlement, many of them having to do with safety tests of their pipeline network and others having to do with repairs and other costs.

But it’s a real stretch to pretend that money is some sort of penalty. After all, most of what the DoJ is requiring of Enbridge— hydrotests to assess the conditions of their pipelines, for instance— is stuff you’d expect them to be doing anyway. It’s the normal cost of operating pipelines.

Even worse, probably the largest chunk of that $110 million has to do with the replacement of Line 3, an aging pipeline Enbridge operates which runs from Neche, North Dakota to Superior, Wisconsin, which the consent decree requires. Trouble is, replacing that line is something Enbridge is already planning to do. So it’s a capital investment they are making anyway (or so they have hoped), regardless of what DoJ said.

Which brings us to our second point: as a provision in this settlement, the replacement of Line 3 is not a penalty. It’s a gift. In fact, it’s great news for Enbridge.

We told you a bit about Line 3 a long time ago. That proposed “replacement” project is an even greater boondoggle than the “replacement” of Line 6b was. That’s because Enbridge’s proposed route for the new Line 3 doesn’t even follow the same route as the original Line 3. It’s not a “replacement,” it’s new infrastructure. Enbridge wants to put that line in the same corridor as the proposed Sandpiper pipeline— a route that, as our friends at the Friends of the Headwaters know very well, is totally bonkers, as it threatens some of the most environmentally sensitive areas in the state.

Even worse, the route for the newly proposed Line 3 is identical to the route of the Sandpiper pipeline, which, frankly put, is just plain crazy. Our friends at the Friends of the Headwaters have explained why repeatedly— and convincingly.

So here’s the problem with the DoJ provision: it may well be that Line 3, an aging pipeline, needs to be replaced (just as Line 6b did). But that fact does not mean that Enbridge ought to get to do whatever it wants, however it wants. But that’s going to be exactly what happens now. Enbridge will use that provision as a cudgel to beat any sort of questions or opposition to that project into submission. Any questions anybody asks Enbridge about the Line 3 replacement (such as its route) are going to be met with “we’re legally obligated to do this according to the Department of Justice, so just shut up.” Essentially, that provision gives Enbridge’s Line 3 plans federal blessing.

The third problem with the settlement is the failure of the DoJ to file any kind of criminal charges. Here it’s worth remembering some basic facts (all readily available in the NTSB report from 2011): Enbridge knew about defects in Line 6b for five years, but chose to do nothing about them. For years, Enbridge fostered a “culture of deviance” from its own safety protocols, which directly contributed to the Marshall disaster. As if that’s not bad enough, Enbridge’s control room operators knew there was a problem with Line 6b SEVENTEEN HOURS before shutting the pipeline down.

Letting Enbridge off the criminal hook is a slap in the face to the families whose lives were ruined by Enbridge’s documented negligence. Here we’ll just quote our friend Susan Connolly:

“Six years have passed with questions unanswered and concerns remain,” Susan Connolly, a local Michigan mother whose children suffered rashes as a result of the Kalamazoo spill, said in a statement. “The fines related to the Clean Water Act should not be in the form of a ‘settlement’ discussed and agreed to between the agencies and the at fault party. The maximum penalty should be ordered, criminal penalties assessed, and a Michigan Pipeline Trust created.”

Fourth, the feds missed an opportunity to make some lasting good out of this disaster. It is common in cases like this one, where businesses reach settlements with the feds for failures to comply with environmental laws, to create what are called Supplemental Environmental Projects (SEP), which are designed to help protect the environment. In a state as reliant on its marvelous natural resources, it is frankly shocking that the settlement included no SEPs of any kind. This is a travesty.

Finally, the settlement includes a whole bunch of provisions related to Line 5. Mostly, these have to do with conducting tests to assess the condition of the lines and repairing any defects or problems with the pipelines’ supports or coverage. On the face of it, these seem like good measures (although, again, these are things Enbridge ought to be doing already). But as with Line 3, these provisions simply give Enbridge federal cover. In this case, cover to continue operating those lines indefinitely, when nearly everybody— even those whose judgement is generally suspect— now recognizes that those lines ought to be shut down and decommissioned permanently. But now Enbridge gets to pretend like the federal government has given its approval for them to continue to operate Line 5. And, unfortunately, they’re right about that. They’ll now tell everybody that these federal mandates preempt any and all state and local authority.

As we (and plenty of others) have said repeatedly, the Marshall spill was not just an accident. It was not an honest mistake. It was the result of systemic problems and preventable actions. Those problems and actions destroyed properties, uprooted families, affected individuals’ health in ways we still don’t even understand. The DoJ’s consent decree does not even come close to redressing those actions; it certainly won’t do anything to deter Enbridge from continuing to operate as it always has. Quite the contrary: given the modesty of the penalty and the friendly Line 3 and Line 5 provisions, the consent decree, six years in the making, rewards Enbridge’s behavior.

Looking Back and Looking Ahead

Looking Back and Looking Ahead

We’re back! We’ve got a spiffy new look, a new mission (details below), and starting right now in this very sentence I’m even dropping, for good, the rhetorical first person plural. Yep, things have changed during the eighteen or so months this blog has been dormant....