Witness testimonies were given by a dozen individuals including Debra Miller of Ceresco; Susan Connolly of Marshall; Michelle Barlond Smith of Battle Creek; Darla Thorpe of Ceresco; and James Lee of Marshall. Enbridge CEO Pat Daniel also provided testimony at the hearing. Complete testimony can be found online at http://transportation.house.gov/hearings/Testimony.aspx
Below are several excerpts from the hearing, beginning with Congressman Mark Schauer: Mr. Chairman, today we will hear from citizens in my district on how this spill has impacted their families, businesses, and daily lives and how, up until they were on the list to testify here today, Enbridge denied some or all of their claims for restitution. Enbridge has offered most of the witnesses here settlements over the last 72 hours. Mr. Chairman, perhaps we should hold three additional hearings so the other citizens from my district impacted in this spill that have been denied claims by Enbridge will too be able to get the damage reimbursement they deserve. The citizens in my district deserve to be treated fairly by the company and to be reimbursed for all of the damages they have already incurred and will continue to incur in the future. They deserve to have Enbridge held accountable for this oil spill and the safety of this pipeline. Thank you, Mr. Chairman, for holding this important hearing and allowing the citizens of my district to be able to voice their concerns. I would like to thank all of the people from my district for taking the time out of their busy schedules to come and testify today before our committee.
Excerpt of testimony from Debra Miller: Enbridge CEO Pat Daniel has said at many public meetings, Enbridge was anxious to work with those impacted by spill, and there was no need for anyone to obtain a lawyer. Although that may or may not be true, it was very apparent they were not equipped to handle a business claim. As mentioned earlier, we had three meetings with Enbridge representatives with no results and felt the only way we were going to be heard was through the voice of a lawyer. I sincerely wish Enbridge had been forthright, and we hadn’t felt it was our only choice. Our lawyer has been in negotiations with Enbridge and as of Monday, Sept. 13, I have signed a document providing Enbridge with limited access to our property for a specific period of time as they clean up the river and river banks near the dam. We anticipate an additional amount for a short term business interruption and acknowledge Enbridge has agreed to purchase the business property, if we decide to sell it, for a pre- determined period of time. The agreement does not in any way compensate (husband)Ken and myself for any pain, suffering, inconvenience or health related claims... nor does it guarantee a fair purchase price if we decide to sell. Did we reach an agreement with Enbridge, yes we did. My lawyer has assured me that although Enbridge was not equipped to handle our claim, when they were made aware, they were fair. I would suggest, we may have been quicker to think their offer was fair had they been equipped, in a timely manner to talk to us, and had we been spared all the stress and headaches. I thank Chairman Oberstar for the opportunity to share how this spill has impacted us. I can only hope others truly impacted by this spill do not have to obtain a lawyer to be heard. I hope this hearing will be the lightning rod that allows Enbridge to realize some of the methods, strategies and programs they used in this spill were made in hast and were often ineffective and unsettling. I hope when Enbridge returns from these hearings and meets with other individuals with legitimate claims, they will be forthright, compassionate and fair. I know that may not be good for the stockholders or your bottom line, but as one who has been impacted, my bottom line is this: I was an innocent bystander, I was not responsible for the spill, I did not chose to breath foul air, I did not choose to lose a summer to the hum of vacuum trucks, fan boats and helicopters and strangers on my river banks, to not be able to utilize our pool for lack of privacy. I did not choose to close a business and I certainly did not choose to watch geese struggle while covered in oil. Enbridge made that decision for me. May your community service efforts and gifts benefit those who were impacted, or at least the greater communities impacted rather than the individuals who made you feel good. I sincerely hope this spill will ensure you will be more responsible with the maintenance of all your pipelines, even if it means replacing them all. Whether or not Enbridge Energy was negligent in its actions on Sunday, July 25 is for the National Transportation Safety Board to determine. How Enbridge Energy responded to the victims of the crisis was determined by Enbridge Energy. I hope the legacy you leave behind in Michigan when you go back to Alberta, is one of good will. Excerpt of testimony from Susan Connolly: I come to you today as a concerned parent speaking on behalf of the children, families and staff of a day care center (“Center”) located approximately six tenths of a mile from Talmadge Creek and the Kalamazoo River in Marshall. My husband and I have a two and a half year old daughter and a four-year-old son who are at the Center five days a week, from seven thirty in the morning until six o’clock in the evening. As of July 26, the following symptoms have been noted of some children, staff and/or the owners of the Center: Personal Experiences: Our son vomited the night of July 26 and our daughter had a rash that appeared the second week of the spill and lasted about six days. My husband and I have experienced at the Center: Headaches, eye irritation, lethargy/tiredness, a burning sensation in the throat, nausea and/or a cough. At hour home on Saturday, July 31, our dog (a Boston terrier) was in the yard most of the day. Over the course of the night, he had diarrhea and vomited numerous times. I contacted our vet Monday morning and was told it, most likely, was a reaction to the Benzene or VOCs in the air. At our home, there were times that we would not run our HVAC or open our windows due to the strong odor. On Friday, Aug. 28, I spent the day at the Center. I smelled a slight odor in the front entryway and in the staff lunchroom. I occasionally had a slight burning sensation in my throat and watery eyes. The following day I had a migraine as well. While I cannot verify my symptoms to the air quality, I note that I did not have those symptoms prior to the time at the Center. The week following the Parent Meeting (Aug. 24) : Four parents withdrew a total of six children due to short-term health concerns, uncertainty of the ongoing smell, air quality and potential long-term health effects. Many parents expressed concern of the truthfulness provided by the County Health Department, the EPA and Enbridge officials who attended the parent meeting. Parents felt they have been lied to. An employee who has been with the Center since it opened resigned Sept. 3 due to personal health problems since the spill and concerns of the air quality. Excerpt of testimony by Enbridge CEO Pat Daniel I and the entire Enbridge team remain deeply concerned by the incident. I have been based in Marshall since shortly after the spill. In the past seven weeks, I have met with hundreds of residents, local workers, first responders, and government officials. I want to assure you, as I have assured them, that we have taken full responsibility to address the impacts of the spill on the environment and on individuals and businesses in Marshall, Battle Creek, and the surrounding area. Given the dedication of our employees, the experience of our pre-identified emergency crews, the approximately 500 Michigan residents we employed, and the local, state, and federal officials who worked with us, I am pleased to report that the spill was quickly contained and that we had succeeded in removing most of the released oil off the Kalamazoo River within a week. By the end of August, we met the Unified Command’s goal of cleanup at the leak site and along Talmadge Creek. By the end of September, we will have succeeded in completing the bulk of the clean up. We are now in the process of completing our remediation efforts, working with the Environmental Protection Agency, the Michigan Department of Natural Resources and Environment and other officials to restore the affected areas and to establish a long-term monitoring plan. As I said at the outset, no spill is acceptable. Since Day 1, we have taken responsibility for cleaning up the spill, addressing the needs of the individuals and businesses in Marshall, Battle Creek, and the surrounding area, and remediating affected areas. We are cooperating fully with the pending NTSB and Office of Pipeline Safety investigations. We hope to learn from their findings and from our own review of the incident. We have committed to the people and communities affected by the rupture that we will make things right. We intend to work with you to ensure that the Committee’s concerns and those of the communities in which we operate are fully addressed.