Agenda - Planning Commission - 06/07/2018

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April 25, 2018 I Volume 12 I Issue 8 Zoning Bulletin transporting petroleum products and natural gas liquids ("NGLs") such as propane, ethane, and butane from the Marcellus and Utica Shales in Pennsylvania, West Virginia, and Ohio to the Marcus Hook Industrial Complex ("MHIC") and points in between. Sunoco's goal for this proj- ect —known as the Mariner East Project —was "to move NGLs from the Marcellus and Utica Shales through and within the Commonwealth, and to provide take away capacity for the Marcellus and Utica Shale plays and the flexibility to reach various commercial markets, using pipeline and terminal infrastructure within the Commonwealth." Sunoco's Mariner East Project had two phases. The first phase, referred to as Mariner East 1 ("ME1") was completed and utilized Sunoco's existing pipeline infrastructure, plus a 51-mile extension. It shipped 70,000 barrels per day of NGLs from the Marcellus Shale basin. to the MHIC. After Marcellus and Utica Shale producers and shippers expressed a "need for additional capacity to transport more than the 70,000 barrels of NGLs per day being transported by ME1," Sunoco undertook to expand the Mariner East Project capacity and developed phase two of the Mariner East Project, known as Mariner East 2 ("ME2"). ME2 required construction of a new 351-mile pipeline, which would largely trace the ME1 pipeline route, and which would be, with a few exceptions, primarily below ground level. For the Mariner East Project, Sunoco sought and obtained from the Pennsylvania Public Utility Commission ("PUC") the approval to provide intrastate service on the ME1 and ME2 pipelines. PUC confiuned that Sunoco was a public utility corporation subject to PUC regulation, and PUC recognized the service provided by the ME1 and ME2 pipelines as a "public utility service." Pursuant to PUC orders, Sunoco obtained Certificates of Public Convenience ("CPCs") that au- thorized Sunoco "as a public utility to transport, as a public utility ser- vice, petroleum and refined petroleum products both east to west and west to east in the following Pennsylvania counties through which the Mariner East Project [was] located: Allegheny, Westmoreland, Indiana, Cambria, Blair, Huntingdon, Juniata, Perry, Cumberland, York, Dauphin, Lebanon, Lancaster, Berks, Chester, and Delaware." Sunoco's CPCs applied to both ME1 service and to ME2 service, as the ME2 service was an authorized expansion of the same service. In 2014, the West Goshen Township (the "Township") enacted a zoning ordinance (the "2014 Ordinance"), regulating the location and setbacks for gas and liquid pipeline facilities. Among other things, the 2014 Ordinance prohibited gas and Liquid pipeline facilities in residen- tial zoning districts, and allowed such facilities only in certain industrial zones by conditional use and subject to several enumerated standards. In May 2017, the Delaware Riverkeeper Network, Maya van Ros- sum, the Delaware Riverkeeper, and residential landowners Thomas 6 © 2018 Thomson Reuters