TransCanada Whistleblower’s Evidence Ignored, Keystone XL South Rushed Into Operation
Pipeline safety regulators in North America have done nothing but write warning letters to TransCanada in the two years since former employee Evan Vokes revealed evidence indicating the company had been breaking the rules.
A recently released report by the Canadian National Energy Board on TransCanada's integrity management programs stated: "There are areas where the company was found to be out of compliance." The board gave TransCanada 30 days to come up with a plan to fix things internally.
In response, Vokes released a statement through the advocacy group, Public Citizen stating:
“The Canadian government's audit criticizing TransCanada’s failings is a start, but leaves numerous safety concerns unaddressed. An audit based on paper and interviews only cannot catch non-compliance in the field. In my experience, TransCanada’s management failings are systemic and won’t be fixed simply by reviewing what TransCanada says its policies are on paper. These kind of reviews have not fixed the problem in the past and they aren’t sufficient now. Time and again, TransCanada’s internal and third-party audit systems have failed to catch the repeated substandard practice of engineering in the construction and maintenance of its pipelines. Unless regulators in Canada and the United States step up to the plate to ensure compliance in the field, future ruptures and risks to Americans are inevitable.”
The Canadian Senate held hearings in 2013 about the transport of hazardous materials after Vokes went to the media with what he said was proof that TransCanada was breaking the law. During the hearings the National Energy board testified they had verified much of the evidence Vokes provided.
The Senate’s report cites the National Energy Board's conclusion that TransCanada's incidents of non-compliance do not represent immediate threats to the safety of people or the environment. The report notes the board advanced its previously scheduled audit of TransCanada to include the specific concerns raised by Vokes, but recommends no further action.
"The lack of accountability with regulators is appalling," Vokes told DeSmogBlog. Vokes says he came forward because the oath he took to become an engineer requires him to put public safety first.
During the Senate hearings he stated that it’s amazing there aren’t more accidents. “There are thousands of cracks in the system; it is just a matter of which ones will become the problem. It is low probability and high consequence.”
While the National Energy Board conducted its audit of TransCanada, the southern route of the TransCanada Keystone XL pipeline was completed and put into operation, to the chagrin of American landowners still fighting against the pipeline and activist groups who called for further testing.
Last April, when Texas landowners discovered repair work being done on the pipeline, TransCanada stated it was fixing anomalies (the industry's term for defects). Anomalies are the result of construction problems. TransCanada would not disclose how many anomalies were found.
Public Citizen reported it spotted 125 dig sites. TransCanada spokesman Shawn Howard stated in an e-mail to Truthout: “The number and location (of anomalies) ultimately don’t matter. What matters is that we are doing what is necessary to improve pipeline integrity."
Vokes doesn't agree. He wonders why inspectors didn’t prevent the mistakes in the first place.
Vokes visited Texas to check out the situation first hand. He reviewed photos taken by activists, journalists and landowners of the installation and repair sites, then contacted pipeline regulators in the U.S.—including Bill Lowry, who is responsible for community assistance and technical services for the Southwest region. Vokes raised an alarm with Lowry after the 125 repair sites were discovered.
In emails sent to Lowry, Vokes states: "The quality illustrated in the photographs that the landowners and activists were collecting were certainly not within the scope of any quality plan a competent engineer would write."
After Lowry made a statement to DeSmogBlog that he would not choose to live next to a pipeline, Vokes concluded, "The pictures I saw might explain why a PHMSA employee will not live next to the facilities he is responsible for."
In September, U.S. regulators sent warning letters to TransCanada about their inspections done months earlier. Despite citing code violations, no corrective measures were ordered, nor have fines been levied.
The letters alarmed Texas landowner Eleanor Fairchild, a concerned citizen labeled an eco-terrorist by TransCanada after standing in front of a tractor on her land in an attempt to prevent the pipeline's installation.
Fairchild requested a meeting with Bill Lowry to discuss her concerns. Lowry told her he'd look at photos and video if she would email him but couldn't meet with her individually. Fairchild doesn't use a computer and likes to look people in the eye when she talks to them, so she never got her answers from him. Vokes, aware of the situation, wrote to Lowry to remind him of his duty as a professional engineer to protect people like Fairchild.
At a pipeline safety meeting in New Orleans, I asked Mr. Lowry about his thoughts on Evan Vokes' concerns:
Kathy DaSilva, a member of the group Tar Sands Blockade filed a Freedom of Information Act request to the Pipeline and Hazardous Materials Safety Administration (PHMSA) in October, requesting inspection reports made during installation of Keystone XL's southern portion. More than three months later, she received a package with 35 reports. She expected 150, the number of days the agency says it spent inspecting the pipeline.
DeSmogBlog inquired about the discrepancy between the number of reports released and the number of days the agency stated it spent inspecting the pipeline.
Damon Hill, PHMSA public affairs specialist, answered by e-mail:
"PHMSA provided records that related to the dates included in Ms. DaSilva’s request that were available at the time the request was processed. You should also understand that the daily construction inspection reports are more inspector “notes” than actual “reports” that are used “in part” by our inspectors to compile a “full final inspection report.” A final inspection report will discuss any issues observed by PHMSA during the period of inspection, including possible issues of operator non-compliance, and will provide details regarding these issues and any enforcement actions taken against an operator, including Warning Letters.”
Hill didn’t respond to DeSmogBlog when asked when the rest of the inspection reports will become available. Nor would he offer any clarification as to why the inspections mentioned in a warning letter sent to TransCanada on Sept.10, 2013 were not included in the released documents.
When Vokes reviewed the reports, he was struck more by what wasn't in them than by what was. Two reports cite inspections that didn't take place because inspectors were warned activists might be present. Since the regulatory agency says the inspection reports are not all complete, it is impossible to get a clear picture of the inspection process of the project.
DaSilva questions why the inspection reports weren’t finished when their Freedom of Information Act request was sent on Jan. 28. She finds it troubling that the pipeline was put into operation before the reports were completed.
Last year, InsideClimate News reported that PHMSA Associate Administrator for Pipeline Safety Jeffrey Wiese said the regulatory process he oversees is "kind of dying."
Are regulators whitewashing TransCanada's performance record by not making incident and inspection reports available to the public or the press? Or are they limited in their ability to regulate?
As the public comment period on Keystone XL’s northern route closed last week, the pipeline's climate change impact is not all that President Obama must consider—given the problems on the southern portion and the gaps in the regulatory regime, how sure can the President be that the oil will actually stay in the pipeline?
Visit EcoWatch’s KEYSTONE XL page for more related news on this topic.
By Deborah Moore, Michael Simon and Darryl Knudsen
There's some good news amidst the grim global pandemic: At long last, the world's largest dam removal is finally happening.
A young activist for a free-flowing Salween River. A team of campaigners and lawyers from EarthRights International joined Indigenous Karen communities on the Salween in 2018 to celebrate the International Day of Actions for Rivers on March 14. This year, EarthRights joined communities living in the Eu-Wae-Tta internally displaced persons camp for a celebration in solidarity with those impacted by dam projects on the Salween River. EarthRights International<p>The dam removal project is a sign of the decline of the hydropower industry, whose fortunes have fallen as the <a href="https://www.bbc.com/news/science-environment-46098118" target="_blank" rel="noopener noreferrer">troubling</a> cost-benefit ratio of dams has become clear over the years. The rise of more cost-effective and sustainable energy sources (including wind and solar) has hastened this shift. This is exactly the type of progress envisioned by the <a href="https://www.yumpu.com/en/document/read/17023836/dams-and-development-a-new-framework-for-decision" target="_blank" rel="noopener noreferrer">World Commission on Dams</a> (WCD), a global multi-stakeholder body that was established by the World Bank and International Union for Conservation of Nature in 1998 to investigate the effectiveness and performance of large dams around the world. The WCD released a damning landmark <a href="https://www.un.org/press/en/2000/20001117.dam.pressconferencepm.doc.html" target="_blank" rel="noopener noreferrer">report</a> in November 2000 on the enormous financial, environmental and human costs and the dismal performance of large dams. The commission spent <a href="https://www.un.org/press/en/2000/20001117.dam.pressconferencepm.doc.html" target="_blank" rel="noopener noreferrer">two years</a> analyzing the outcome of the trillions of dollars invested in dams, reviewing dozens of case studies and testimonies from over a thousand communities and individuals, before producing the report.</p><p>But despite this progress, we cannot take hydropower's decline as inevitable. As governments around the world plan for a post-pandemic recovery, hydropower companies sense an opportunity. The industry is eager to recast itself as climate-friendly (<a href="https://www.ecowatch.com/how-green-is-hydropower-1919539525.html" target="_self">it's not</a>) and <a href="https://www.hydropower.org/covid-19" target="_blank">secure</a> precious stimulus funds to revive its dying industry — at the expense of people, the environment and a truly just, green recovery.</p>
Hydropower’s Troubling Record<p>The world's largest hydropower dam removal project on the Klamath River is a significant win for tribal communities. But while the Yurok and Karuk tribes <a href="https://www.karuk.us/images/docs/press/bring_salmon_home.php" target="_blank">suffered</a> terribly from the decline of the Klamath's fisheries, they were by no means alone in that experience. The environmental catastrophe that occurred along the Klamath River has been replicated all over the world since the global boom in hydropower construction <a href="https://www.nationalgeographic.com/environment/article/hydropower" target="_blank">began</a> early in the 20th century.</p><p>The rush to dam rivers has had huge consequences. After decades of rampant construction, only <a href="https://www.nationalgeographic.com/environment/2019/05/worlds-free-flowing-rivers-mapped-hydropower/" target="_blank">37 percent of the world's rivers remain free-flowing</a>, according to <a href="https://www.nature.com/articles/s41586-019-1111-9" target="_blank" rel="noopener noreferrer">one study</a>. River fragmentation has <a href="https://academic.oup.com/bioscience/article/70/4/330/5732594" target="_blank" rel="noopener noreferrer">decimated freshwater habitats and fish stocks</a>, threatening food security for millions of the world's most vulnerable people, and hastening the <a href="https://www.forbes.com/sites/jeffopperman/2020/10/13/freshwater-wildlife-continues-to-decline-but-new-energy-trendlines-suggest-we-can-bend-that-curve/?sh=f9d175a61ee4" target="_blank" rel="noopener noreferrer">decline of other myriad freshwater species</a>, including mammals, birds and reptiles.</p><p>The communities that experienced the most harm from dams — whether in Asia, Latin America or Africa — often lacked political power and access. But that didn't stop grassroots movements from organizing and growing to fight for their rights and livelihoods. The people affected by dams began raising their voices, sharing their experiences and forging alliances across borders. By the 1990s, the public <a href="https://tinyurl.com/y55lnlst" target="_blank" rel="noopener noreferrer">outcry</a> against large dams had grown so loud that it finally led to the establishment of the WCD.</p><p>What the WCD found was stunning. While large dam projects had brought some economic benefits, they had also <a href="https://www.irn.org/wcd/" target="_blank" rel="noopener noreferrer">forcibly displaced an estimated 40 to 80 million people in the 20th century alone</a>. To put that number into perspective, it is more than the current population of present-day <a href="https://data.worldbank.org/indicator/SP.POP.TOTL?locations=FR" target="_blank" rel="noopener noreferrer">France</a> or the <a href="https://data.worldbank.org/indicator/SP.POP.TOTL?locations=GB" target="_blank" rel="noopener noreferrer">United Kingdom</a>. These people lost their lands and homes to dams, and often with no compensation.</p><p>Subsequent research has compounded that finding. A paper published in <a href="https://tinyurl.com/c7uznz" target="_blank" rel="noopener noreferrer">Water Alternatives</a> revealed that globally, more than <a href="https://tinyurl.com/yxw8x7ab" target="_blank" rel="noopener noreferrer">470 million people living downstream from large dams</a> have faced significant impacts to their lives and livelihoods — much of it due to disruptions in water supply, which in turn harm the complex web of life that depends on healthy, free-flowing rivers. The WCD's findings, released in 2000, <a href="https://www.irn.org/wcd/" target="_blank" rel="noopener noreferrer">identified</a> the importance of restoring rivers, compensating communities for their losses, and finding better energy alternatives to save rivers and ecosystems.</p>
Facing a New Crisis<p>Twenty years after the WCD uncovered a crisis along the world's rivers and recommended a new development path — one that advances community-driven development and protects freshwater resources — we find ourselves in the midst of another crisis. The global pandemic has hit us hard, with surging loss of life, unemployment and instability.</p><p>But as governments work to rebuild economies and create job opportunities in the coming years, we have a choice: Double down on the failed, outdated technologies that have harmed so many, or change course and use this transformative moment to rebuild our natural systems and uplift communities.</p><p>There are many reasons to fight for a green recovery. The climate is changing even <a href="https://www.nature.com/articles/d41586-018-07586-5" target="_blank" rel="noopener noreferrer">faster</a> than expected, and some dams — especially those with reservoirs in hot climates — <a href="https://tinyurl.com/w6w29t8" target="_blank" rel="noopener noreferrer">have been found to emit more greenhouse gases than a fossil fuel power plant</a>. Other estimates have put global reservoirs' human-made greenhouse gas emissions each year on par with <a href="https://www.climatecentral.org/news/greenhouse-gases-reservoirs-fuel-climate-change-20745" target="_blank" rel="noopener noreferrer">Canada's</a> total emissions.</p><p>Meanwhile, we now understand that healthy rivers and freshwater ecosystems play a <a href="https://www.environment.gov.au/system/files/resources/b55b1fe4-7d09-47af-96c4-6cbb5f106d4f/files/wetlands-role-carbon-cycle.pdf" target="_blank" rel="noopener noreferrer">critical role in regulating and storing carbon</a>. And at a time when <a href="https://www.un.org/sustainabledevelopment/blog/2019/05/nature-decline-unprecedented-report/" target="_blank" rel="noopener noreferrer">biodiversity loss is soaring</a>, anything we can do to <a href="https://academic.oup.com/bioscience/article/70/4/330/5732594" target="_blank" rel="noopener noreferrer">restore habitat is key</a>. But with <a href="https://www.researchgate.net/publication/271996520_A_Global_Boom_in_Hydropower_dam_Construction" target="_blank" rel="noopener noreferrer">more than 3,700 major dams proposed or under construction</a> in the world (primarily in the Global South, with over <a href="https://news.mongabay.com/2020/08/more-than-500-dams-planned-inside-protected-areas-study/" target="_blank" rel="noopener noreferrer">500 of these in protected areas</a>), according to a 2014 report — and the hydropower industry <a href="https://www.hydropower.org/covid-19" target="_blank" rel="noopener noreferrer">jockeying</a> for scarce stimulus dollars — we must act urgently.</p>
Signs of Hope<img lazy-loadable="true" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTcxMzUyMS9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTYxOTcyNTc3OX0.EbqBVPs2kjhrY5AqnZXOb_GX-s6pw4qyJmmeISzKA6U/img.png?width=980" id="a81d0" class="rm-shortcode" data-rm-shortcode-id="87bc79d69f72e9334a78da8e0355e6ae" data-rm-shortcode-name="rebelmouse-image" data-width="1620" data-height="1068" />
Fish catch at the Siphandone on the Mekong River, prior to the completion of the Don Sahong Dam. Pai Deetes / International Rivers<p>So what would a strong, resilient and equitable recovery look like in the 21st century? Let's consider one example in Southeast Asia.</p><p>Running through six countries, the Mekong River is the world's 12th-longest river, which is home to one of the world's most biodiverse regions, and includes the world's <a href="https://www.worldwildlife.org/places/greater-mekong#" target="_blank" rel="noopener noreferrer">largest</a> inland fishery. Around <a href="https://tinyurl.com/y6jrarjo" target="_blank" rel="noopener noreferrer">80 percent of the nearly 65 million people</a> who live in the Lower Mekong River Basin depend on the river for their livelihoods, according to the Mekong River Commission. In 1994, Thailand built the Pak Mun Dam on a Mekong tributary. <a href="https://tinyurl.com/y5ekfp4h" target="_blank" rel="noopener noreferrer">Six years later</a>, the <a href="https://tinyurl.com/yxcvs6up" target="_blank" rel="noopener noreferrer">WCD studied the dam's performance</a> and submitted its conclusions and recommendations as part of its final report in 2000. According to the WCD report, the Pak Mun Dam did not deliver the peaking energy service it was designed for, and it <a href="https://tinyurl.com/y38p3jaw" target="_blank" rel="noopener noreferrer">physically blocked a critical migration route</a> for a range of fish species that migrated annually to breeding grounds upstream in the Mun River Basin. Cut off from their customary habitat, fish stocks plummeted, and so did the livelihoods of the local people.</p><p>Neighboring Laos, instead of learning from this debacle, followed in Thailand's footsteps, <a href="https://tinyurl.com/y4eaxcq2" target="_blank" rel="noopener noreferrer">constructing two dams on the river's mainstem</a>, Xayaburi Dam, commissioned in 2019, and Don Sahong Dam, commissioned in 2020. But then a sign of hope appeared. In early 2020, just as the pandemic began to spread across the world, the <a href="https://www.theguardian.com/world/2020/mar/20/cambodia-scraps-plans-for-mekong-hydropower-dams" target="_blank" rel="noopener noreferrer">Cambodian government reconsidered its plans to build more dams on the Mekong</a>. The science was indisputable: A government-commissioned report showed that further dams would <a href="https://www.theguardian.com/environment/2018/may/16/leaked-report-warns-cambodias-biggest-dam-could-literally-kill-mekong-river" target="_blank" rel="noopener noreferrer">reduce the river's wild fisheries, threaten critically endangered Irrawaddy dolphins</a> and <a href="https://agupubs.onlinelibrary.wiley.com/doi/full/10.1002/2013WR014651" target="_blank" rel="noopener noreferrer">block nutrient-rich sediment from the delta's fertile agricultural lands</a>.</p><p><a href="https://data.opendevelopmentmekong.net/dataset/4f1bb5fd-a564-4d37-878b-c288af460143/resource/5f6fe360-7a68-480d-9ba4-12d7b8b805c9/download/volume-3_solar-alternative-to-sambor-dam.pdf" target="_blank" rel="noopener noreferrer">Studies</a> show that Cambodia didn't need to seek billions of dollars in loans to build more hydropower; instead, it could pursue more cost-effective solar and wind projects that would deliver needed electricity at a fraction of the cost — and <a href="https://www.worldwildlife.org/press-releases/wwf-statement-on-cambodian-government-s-decision-to-suspend-hydropower-dam-development-on-the-mekong-river" target="_blank">without the ecological disasters to fisheries and the verdant Mekong delta</a>. And, in a stunning reversal, Cambodia listened to the science — and to the people — and <a href="https://www.theguardian.com/world/2020/mar/20/cambodia-scraps-plans-for-mekong-hydropower-dams" target="_blank">announced</a> a 10-year moratorium on mainstream dams. Cambodia is now <a href="https://www.voanews.com/east-asia-pacific/cambodia-halts-hydropower-construction-mekong-river-until-2030" target="_blank">reconsidering</a> its energy mix, recognizing that mainstream hydropower dams are too costly and undermine the economic and cultural values of its flagship river.</p>
Toward a Green Recovery<img lazy-loadable="true" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTcxMzUwOS9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY1MTMwMjk0M30.0LZCOEVzgtgjm2_7CwcbFfuZlrtUr80DiRYxqKGaKIg/img.jpg?width=980" id="87fe9" class="rm-shortcode" data-rm-shortcode-id="e6b9bfeb013516f6ad5033bb9e03c5ec" data-rm-shortcode-name="rebelmouse-image" data-width="2100" data-height="3086" />
Klamath River Rapids. Tupper Ansel Blake / U.S. Fish and Wildlife Service<p>Increasingly, governments, civil servants and the public at large are rethinking how we produce energy and are seeking to preserve and restore precious freshwater resources. Dam removals are increasing exponentially across <a href="https://www.americanrivers.org/wp-content/uploads/2020/02/DamsRemoved_1999-2019.pdf" target="_blank">North America</a> and <a href="https://damremoval.eu/wp-content/uploads/2019/03/DRE-policy-Report-2018-digitaal-010319.pdf" target="_blank">Europe</a>, and movements advancing <a href="https://www.rightsofrivers.org/" target="_blank">permanent river protection are growing across Latin America, Asia and Africa</a>.</p><p>We must use the COVID-19 crisis to accelerate the trend. Rather than relying on old destructive technologies and industry claims of newfound "<a href="https://www.hydrosustainability.org/news/2020/11/12/consultation-on-a-groundbreaking-global-sustainability-standard-for-hydropower" target="_blank">sustainable hydropower</a>," the world requires a new paradigm for an economic recovery that is rooted both in climate and economic justice as well as river stewardship. Since December 2020, hundreds of groups and individuals from more than 80 countries have joined the <a href="https://www.rivers4recovery.org/" target="_blank" rel="noopener noreferrer">Rivers4Recovery</a> call for a better way forward for rivers and natural places. This paradigm will protect our rivers as critical lifelines — supporting fisheries, biodiversity, water supply, food production, Indigenous peoples and diverse populations around the world — rather than damming and polluting them.</p><p>The promise of the Klamath dam removals is one of restoration — a move that finally recognizes the immense value of free-flowing rivers and the key role they play in <a href="https://f.hubspotusercontent20.net/hubfs/4783129/LPR/PDFs/Living_Planet_Report_Freshwater_Deepdive.pdf" target="_blank" rel="noopener noreferrer">nourishing both the world's biodiversity and hundreds of millions of people</a>. Healthy rivers — connected to watershed forests, floodplains, wetlands and deltas — are key partners in building resilience in the face of an accelerating climate crisis. But if we allow the hydropower industry to succeed in its <a href="https://www.world-energy.org/article/12361.html" target="_blank" rel="noopener noreferrer">cynical grab for stimulus funds</a>, we'll only perpetuate the 20th century's legacy of suffering and environmental degradation.</p><p>We must put our money where our values are. Twenty years ago, the WCD pointed the way forward to a model of development that takes humans, wildlife and the environment into account, and in 2020, we saw that vision flower along the Klamath River. It's time to bring that promise of healing and restoration to more of the world's rivers.</p><p><em>Deborah Moore is a former commissioner of the <a href="https://www.water-alternatives.org/index.php/alldoc/articles/vol3/v3issue2/79-a3-2-2/file" target="_blank" rel="noopener noreferrer" style="">World Commission on Dams</a>. Michael Simon was a member of the <a href="https://www.hydrosustainability.org/assessment-protocol" target="_blank" rel="noopener noreferrer" style="">Hydropower Sustainability Assessment Forum</a>. Darryl Knudsen is the executive director of <a href="https://www.internationalrivers.org" target="_blank" rel="noopener noreferrer" style="">International Rivers</a>.</em></p><p><em>This article first appeared on <a href="https://truthout.org/articles/damming-rivers-is-terrible-for-human-rights-ecosystems-and-food-security/" target="_blank" rel="noopener noreferrer">Truthout</a> and was produced in partnership with <a href="https://independentmediainstitute.org/earth-food-life/" target="_blank" rel="noopener noreferrer">Earth | Food | Life</a>, a project of the Independent Media Institute.</em></p>
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