TransCanada

Wed, 2014-06-25 13:27Steve Horn
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Recent Federal Court Decision Could Muddy Waters for Keystone XL South, Flanagan South

On June 6, the U.S. Court of Appeals for the District of Columbia Circuit handed down a ruling that will serve as important precedent for the ongoing federal legal battles over the Keystone XL and Flanagan South tar sands pipelines.

In the Delaware Riverkeeper v. Federal Energy Regulatory Commission (FERC) case, judges ruled that a continuous pipeline project cannot be segmented into multiple parts to avoid a comprehensive National Environmental Policy Act (NEPA) review. This is what Kinder Morgan proposed and did for its Northeast Upgrade Project.

As reported on DeSmogBlog, the U.S. Army Corps of Engineers did the same thing to streamline permitting for both the southern leg of TransCanada's Keystone XL and Enbridge's Flanagan South. Sierra Club and co-plaintiffs were denied injunctions for both pipelines in October and November 2013, respectively.

Delaware Riverkeeper v. FERC dealt with breaking up a new 40-mile long pipeline upgrade into four segments. For the other two cases, the Army Corps of Engineers shape-shifted the two projects — both hundreds of miles long each — into thousands of “single and complete” projects for permitting purposes.

On the day of the Delaware Riverkeeper v. FERC decision, Sierra Club attorney Doug Hayes submitted the case as supplemental authority for the ongoing Flanagan South case.

On May 5, Hayes also submitted paperwork to appeal the Keystone XL South decision in front of the U.S. Court of Appeals for the Tenth Circuit, which was docketed by the clerk of Ccurt the next day.

Hayes told DeSmogBlog his side will file an opening brief for the appeal on July 30. It seems likely Delaware Riverkeeper v. FERC will be a key part of that appeal.

In a sign of the importance of the outcome for the oil and gas industry, the American Petroleum Institute (APIentered the Sierra Club v. Army Corps of Engineers case on Keystone XL as an intervenor on May 16, represented by corporate law firm Hunton & Williams.

At the federal level, Hunton & Williams lobbies on behalf of Koch Industries, a company with a major stake in tar sands leases and refining.

Thu, 2014-06-19 09:57Steve Horn
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Silent Coup: How Enbridge is Quietly Cloning the Keystone XL Tar Sands Pipeline

While the debate over the TransCanada Keystone XL tar sands pipeline has raged on for over half a decade, pipeline giant Enbridge has quietly cloned its own Keystone XL in the U.S and Canada. 

It comes in the form of the combination of Enbridge's Alberta Clipper (Line 67), Flanagan South and Seaway Twin pipelines.

The pipeline system does what Keystone XL and the Keystone Pipeline System at large is designed to do: ship hundreds of thousands of barrels per day of Alberta's tar sands diluted bitumen (“dilbit”) to both Gulf Coast refineries in Port Arthur, Texas, and the global export market.

Alberta Clipper and Line 67 expansion

Alberta Clipper was approved by President Barack Obama and the U.S. State Department (legally required because it is a border-crossing pipeline like Keystone XL) in August 2009 during congressional recess. Clipper runs from Alberta to Superior, Wis.

Map Credit: U.S. Department of State

Initially slated to carry 450,000 barrels per day of dilbit to market, Enbridge now seeks an expansion permit from the State Department to carry up to 570,000 barrels per day, with a designed capacity of 800,000 barrels per day. It has dubbed the expansion Line 67.

As reported on previously by DeSmogBlog, Line 67 is the key connecter pipeline to Line 6A, which feeds into the BP Whiting refinery located near Chicago, Ill., in Whiting, Ind. BP Whiting — the largest in-land refinery in the U.S. — was recently retooled to refine larger amounts of tar sands under the Whiting Refinery Modernization Project.

Fri, 2014-06-06 09:38Farron Cousins
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TransCanada Cries Foul Over New Keystone XL Security Risk Analysis

It doesn’t take much to hurt the dirty energy industry’s feelings.  Less than a day after NextGen Climate released a report detailing the vulnerabilities of the Keystone XL pipeline to a terrorist attack, the company fired back at the group claiming that they were being singled out.

The report was commissioned by NextGen Climate and produced by David Cooper, a retired Command Master Chief Navy SEAL, who was part of the team that took down Osama bin Laden. 

In his report, Cooper lays out some of the easier ways in which a terrorist can take advantage of the pipeline’s vulnerabilities.  He described the pipeline as a “soft target,” meaning that it doesn’t move, it doesn’t change, and there are huge blindspots along the route. 

DeSmogBlog’s Steve Horn spoke with Cooper about the report, and you can read that story here.

Reuters has more:

Attackers could damage remote pump stations along the pipeline's route in the northern Great Plains with just 4 pounds (1.8 kg) of readily available 1960s-era explosives, Dave Cooper, a former Navy Seal, said in the 14-page NextGen report released Wednesday.

NextGen Climate was founded by billionaire and environmental activist Tom Steyer who has been a target of the dirty energy industry since emerging on the political scene where he has vowed to spend millions in the next U.S. elections to unseat climate change denying and anti-environment candidates.  

Steyer’s name being behind the report has opened up the door for attacks from the industry, and TransCanada has wasted no time in trashing the new report. 

According to The Hill, TransCanada rejected the NextGen study, issuing the following statement:

Thu, 2014-06-05 10:55Steve Horn
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Navy SEAL Commander Behind Bin Laden Killing: Keystone XL Vulnerable To Terrorism

Dave Cooper, Command Master Chief SEAL (Retired) for the Naval Special Warfare Development Group (DEVGRU), has authored a threat assessment concluding TransCanada's Keystone XL tar sands pipeline is potentially at-risk of a terrorism attack. 

In the report, Cooper concluded operational security vulnerabilities for the pipeline have been overlooked by the U.S. government. Cooper —  most famous for overseeing the Abbottabad, Pakistan Osama Bin Laden raid as the commander of Navy SEAL Team Six — wrote the report as a consultant for billionaire Tom Steyer's advocacy group NextGen Climate Action

“The very nature of Keystone XL’s newsworthiness, should it ever be built, increases its attractiveness as a target to terrorists: Keystone XL, aside from being a 'soft' target just like any other pipeline, has a built-in emotional impact that can’t be denied or wished away,” he wrote in the report's introduction.

“That simple fact, a newsworthy proposal that engenders strong passions, should clue in pipeline owners and government officials to the very real possibility of intentional attack.”

For the report, Cooper utilized a “red cell” methodology, parlance for U.S. special operations forces performing pre-mission reconnaissance, using open source data readily available to terrorists on the internet. In so doing, the special operations forces snuff out operational security (“OpSec” in military lingo) weaknesses, which they use as actionable intelligence in defense missions.

In the report, Cooper explained he “designed [the methodology this way] to showcase weaknesses in the current reality by exploiting the same information to which an outside terrorist group would have access.”

Cooper's probe included a due diligence trip out three redacted Great Plains locations*, where Phase I of the Keystone Pipeline System is currently operational (the northern leg of Keystone XL is Phase IV). Going out into the field, Cooper came away shocked by his discoveries.

His findings raise a troubling question: have real Keystone XL terrorism threats been ignored, while non-violent activists have been labeled potential eco-terrorists? Cooper offered his take on this question to DeSmogBlog.

Tue, 2014-06-03 17:34Julie Dermansky
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Breaking: TransCanada Shuts Down Southern Leg of Keystone XL Pipeline, Raising “Suspicions”

KXL install in TX copyright Julie Dermansky

TransCanada shut down the southern leg of the Keystone XL (now called the Gulf Coast Pipeline Project) on June 2 for “routine work,” according to Reuters.  

“Pipelines aren't normally shut down for maintenance shortly after being started up. They may have planned it but something is wrong,” an industry insider told DeSmogBlog. “A two day shutdown on a new line raises suspicions.”

The Pipeline and Hazardous Material Safety Administration was unable to provide an answer to DeSmogBlog when asked to confirm if the shutdown was due to routine work today.

Tue, 2014-06-03 13:15Julie Dermansky
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Questions Raised About Integrity of Keystone XL's Southern Route After Conditions Added for Northern Leg

The Keystone XL pipeline's southern route passes under Eleanor Fairchild's Texas property, so she got angry when she learned that the Pipeline and Hazardous Materials Safety Administration (PHMSA) has added two new conditions to the 57 already required for construction of the pipeline's northern route.

“My fears were confirmed,” Fairchild told DeSmogBlog. “The regulators knew the southern route wasn’t built safely. It is like they have said to hell with us in Texas and Oklahoma.”


Eleanor Fairchild was defiant when TransCanada started installing the pipeline on her land. She kept a watchful eye during the installation and repair of the pipeline. ©2012 Julie Dermansky

Julia Trigg Crawford, another Texas landowner who fought TransCanada in the courts, shared a link to an Associated Press story that focuses on the two new conditions. “Read this ASAP to see why Texans and Oklahomans were so outraged about TransCanada's abysmal construction record on the southern leg of the Keystone XL,” she wrote.

Julia Trigg Crawford
Julia Trigg Crawford was labeled an activist by TransCanada attorney James Freemand. She considers herself a patriot for standing up for all Americans' property rights. ©2013 Julie Dermansky

The conditions require TransCanada to hire a third-party contractor chosen by PHMSA to monitor the construction and make reports to the U.S. government on whether the work is sound. Additionally, TransCanada must “develop and implement a quality management system that would apply to the construction of the entire Keystone XL project in the U.S. to ensure that this pipeline is — from the beginning — built to the highest standards by both Keystone personnel and its many contractors.”

The Tar Sands Blockade, an activist group that independently monitored the pipeline installation after failing to stop it, wrote on its blog that the new conditions suggest there are serious problems with the southern route.

“TransCanada’s internal quality management and PHMSA’s external inspection program were inadequate, if not fatally flawed. The failures implied by these new conditions beg the question: If TransCanada wasn’t adequately inspecting its own work, and PHMSA didn’t have the third-party inspection company it needed for effective oversight, was anyone actually watching TransCanada?”

Mon, 2014-05-05 11:13Indra Das
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Details of TransCanada Pipeline Safety Whistleblower Scandal Emerge Amid Keystone XL Delay

transcanada keystone xl pipeline

Former TransCanada employee and engineer Evan Vokes, who released thousands of pages of records after he was dismissed by the corporation in 2012, believes that a newly acquired internal email shows his managers tried to discredit him for raising the alarm on their safety practices.

Vokes obtained the email in Feburary 2014 through access to information legislation, reports Mike De Souza for InsideClimate News. Most of the message was censored by TransCanada before release, but the first line clearly mentions “managing the EV [Evan Vokes] credibility issue.”

“My understanding is that we have been reasonably successful at influencing authorities [redacted] and pointing out EV is disgruntled, and actually had the responsibility to correct these same matters and did not,” reads the email, dated July 26, 2013.

Mon, 2014-05-05 10:33Steve Horn
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For First Time, TransCanada Says Tar Sands Flowing to Gulf in Keystone XL South

TransCanada admitted for the first time that tar sands oil is now flowing through Keystone XL's southern leg, now rebranded the Gulf Coast Pipeline Project. The company confirmed the pipeline activity in its 2014 quarter one earnings call.

Asked by Argus Media reporter Iris Kuo how much of the current 300,000 to 400,000 barrels per day* of oil flowing from the Cushing, Oklahoma to Port Arthur, Texas pipeline is tar sands (“heavy crude,” in industry lingo), TransCanada CEO Russ Girling confirmed what many had already suspected.

“I don’t have that exact mix, but it does have the ability to take the domestic lights as well as any heavies that find a way down to the Cushing market, so it is a combination of the heavies and the lights,” said Girling. “I just don’t know what the percentage is.”

The Keystone Pipeline System — of which Keystone XL's northern leg is phase four of four phases — is and always has been slated to carry Alberta's tar sands to targeted markets. So the announcement is far from a shocker.


Image Credit: Wikimedia Commons

More perplexing is why it took so long for the company to tell the public that tar sands oil now flows through the half of the pipeline approved via a March 2012 Executive Order by President Barack Obama

Fri, 2014-05-02 10:42Judith Lavoie
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U.S. Officials Search For Answers On Bitumen Spills As Canada Eyes Enbridge, Kinder Morgan Oil Pipelines

EPA sampling during Enbridge bitumen spill

U.S officials are struggling to figure out how bitumen from the Alberta oilsands will behave if there is a spill either from a pipeline or into the Salish Sea, the fragile ocean environment between Canada and the U.S.

As the U.S. debates the future of the TransCanada Keystone XL pipeline, which would transport Alberta oil to the Gulf Coast, and Canada looks at Kinder Morgan's proposed twinning of the Trans Mountain pipeline and the proposed Enbridge Northern Gateway project, there is a growing urgency to find out how diluted bitumen behaves if there is a spill, said scientists, policy makers and environmentalists gathered in Seattle for the Salish Sea Ecosystem Conference this week.

“Does it float or not float? That's the question,” said Gary Shigenaka, marine biologist with the U.S. National Oceanic and Atmospheric Administration (NOAA) hazardous materials response division, flashing a picture of thick, black bitumen extracted from the oilsands.

NOAA is studying the behaviour of bitumen and the diluent with which it is mixed to make the peanut-butter like substance flow through pipelines, but, so far, there are few concrete answers, Shigenaka said.

Studies show that although diluted bitumen — dilbit — initially floats in water, it sinks when it is mixed with sediment, which would happen in high turbulence or in areas such as a river estuary, Shigenaka said.

Fears about the behaviour of bitumen in water have been growing since the 2010 spill of about 3.2 million litres (843,000 gallons) of thick crude into a tributary of the Kalamazoo River in Michigan. It was the first spill of diluted bitumen from Alberta into a waterway, and agencies struggled to cope with a substance that released toxic fumes from the diluent and then sank as the bitumen mixed with river sediment.

Thu, 2014-05-01 12:06Steve Horn
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Gulf Stream: Williams Suspends Bluegrass Gas Export Pipeline, Announces New Export Line

Right before the champagne bottles began popping for activists engaged in a grassroots struggle to halt the construction of Williams Companies' prospective Bluegrass Pipeline project — which the company suspended indefinitely in an April 28 press release — Williams had already begun raining on the parade.

The pipeline industry giant took out the trash on Friday, April 25, announcing its intentions to open a new Louisiana pipeline named Gulf Trace.

Akin to TransCanada's ANR Pipeline recently reported on by DeSmogBlog, Gulf Trace is not entirely “new,” per se. Rather, it's the retooling of a pipeline system already in place, in this case Williams' Transco Pipeline system

The retooling has taken place in the aftermath of Cheniere's Sabine Pass LNG export facility receiving the first ever final gas export permit from the U.S. Federal Energy Regulatory Commission (FERC) during the fracking era.

Williams' Transco Pipeline System; Photo Credit: William Huston

Both ANR and Gulf Trace will feed into Sabine Pass, the Louisiana-based LNG export terminal set to open for business in late 2015Also like ANR, Transco will transform into a gas pipeline flowing in both directions, “bidirectional” in industry lingo.

Bluegrass, if ever built, also would transport fracked gas to the Gulf Coast export markets. But instead of LNG, Bluegrass is a natural gas liquids pipeline (NGL)

“The project…is designed to connect [NGLs] produced in the Marcellus-Utica areas in the U.S. Northeast with domestic and export markets in the U.S. Gulf Coast,” it explained in an April 28 press release announcing the project's suspension. 

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