Attorney General Henry Charges 2 With Criminal Risking Catastrophe Charges Related To Work On Natural Gas Pipeline In Lawrence County; Pipelines Have Worst Environmental Compliance Record In PA

On May 5, Attorney General Michelle Henry announced the filing of criminal charges against two men for falsifying paperwork and risking catastrophe while working on a natural gas pipeline project in Lawrence County.

The criminal complaints identify the pipeline involved as the “Mark West Liberty Pipeline that transports a mixed stream of natural gas liquids from West Virginia and Pennsylvania to Ohio and Pennsylvania.”

Joseph Berkich, 45, of Washington County, is charged with falsifying industrial radiologist certification documents to obtain x-ray examination work on a natural gas pipeline project for EnTech Energy, then conspiring with Welton Darl Shipe to cover-up his deception.

Click Here for a copy of the Berkich criminal complaint.

Shipe, 61, of West Virginia, a Quality Assurance Manager on the project, is charged with providing false statements to the Pennsylvania Department of Environmental Protection about the pipe’s condition and repairs that he commissioned surreptitiously.

Click Here for a copy of the Shipe criminal complaint.

The men are related by marriage and knew each other prior to conspiring to commit the crimes charged this week.

“These men allegedly put lives at risk by carelessly ignoring certifications and safety assurance requirements in  an effort to profit from pipeline work,” Attorney General Henry said. “Unfortunately, we have seen recently the devastating environmental impacts of such carelessness, and my office is committed to holding accountable those who put the environment and our citizen’s health and lives at risk. Thanks to the hard work of the Office of Attorney General’s Environmental Crime Section and the US Department of Transportation’s Office of Inspector General, these men will now need to answer for their actions in a court of law.”

While employed as a Quality Assurance Manager at EnTech Energy, Shipe hired Berkich as an Industrial Radiographer to x-ray and interpret the welds on sections of the pipeline to evaluate their integrity. 

Berkich failed to provide the necessary certifications prior to starting the work. After EnTech repeatedly asked for the paperwork, Berkich provided certifications with multiple forged signatures. It was later discovered that Berkich was neither trained nor certified to perform this type of work.

As a result of Berkich’s lack of certification, EnTech was forced to hire another firm to re-examine all of the welds that Berkich had previously evaluated. 

That firm determined that some of the materials used by Berkich were not up to industry code and that Berkich signed off on a total of seven bad welds that threatened the integrity of the project and endangered the public.

Further investigation revealed that Shipe later directed a welder and Berkich to come in on a weekend — when the project inspector was not on site — to cut out bad welds and repair them without reporting the repairs. 

Reporting repairs is critical because the applied heat can cause the metal to become brittle leading to increased risk of leaks and the potential for the weld to become an ignition source.

In all, Berkich is charged with Forgery, Theft by Deception, Receiving Stolen Property, Tampering with Public Records, Tampering with Records or Identification, Risking a Catastrophe, and Criminal Conspiracy.

Shipe is charged with Tampering with Public Records, Tampering with Records or Identification, Risking a Catastrophe, Criminal Conspiracy, and Unsworn Falsification to Authorities.

This case was investigated by the Office of Attorney General with support from the US Department of Transportation Office of Inspector General. It is being prosecuted by Senior Deputy Attorney General Courtney Cerniglia. 

All charges are accusations. The defendants are presumed innocent unless and until proven guilty.

Worst Compliance Record In PA

Natural gas and natural gas liquids pipelines have the worst environmental compliance record of any industry in Pennsylvania.

Pipeline companies have been fined over $70 million for environmental and safety violations related to incidents like the 2018 explosion of the brand new Revolution Pipeline in Beaver County and the construction of the Mariner East natural gas liquids pipelines running across the entire state.  Read more here.

See related articles below for more background.

NewsClip:

-- PittsburghUnionProgress.com: 2 Charged With Covering Up Inferior Natural Gas Pipeline Work In Lawrence County

Related Articles:

-- AG Shapiro: Energy Transfer/Sunoco Convicted Of Criminal Charges Related To Construction Of Mariner East 2 & Revolution Natural Gas/Liquids Pipelines In PA  [PaEN]

-- AG Shapiro: Southeast Directional Drilling Pleads Guilty To Contaminating Water Supply In Washington County, To Pay $15,000 Fine  [PaEN]

-- AG Shapiro Charges Energy Corporation Of America/Greylock, 2 Employees With Environmental Crimes Involving Leaks At Oil & Gas Well Sites In Clearfield, Greene Counties  [PaEN]

-- Senate Budget Hearings: PA’s Experience With New Pipeline Construction Shows State Laws Not Strong Enough To Prevent Environmental Damage, Protect Public Safety  [PaEN]

-- Ohio/PA Train Derailment, Pipeline Explosions, Uncontrolled Releases Put Spotlight On Public Health, Safety Threats Posed By Petrochemical, Natural Gas Industrial And Pipeline Infrastructure In PA   [PaEN] 

-- Natural Gas Pipeline Pigging Facility Malfunction Dec. 27 Released 1.1 Million Cubic Feet Of Natural Gas; Same Facility Plagued Community With Blowdowns 3 Times A Day, 7 Days A Week For Nearly 10 Years Until Criminal Charges Brought Against CNX   [PaEN] 

-- Oil & Gas Industry Impacts: Navy Veterans Patrick & Helen Robinson Relate Their 7-Year Struggle Dealing With Impacts Of Mariner East Pipeline Construction In Indiana County, And They Continue   [PaEN]

-- Oil & Gas Industry Impacts: Cambria County Family Sues Sunoco After 3 Years Of Dealing With Damage To Home, Well, Septic System, Property From Mariner East Pipeline Construction   [PaEN]

-- Citizen Complaints Result In DEP Issuing PA General Energy More Violations At Loyalsock Creek Gas Pipeline/Water Withdrawal Construction Site In Lycoming County  [PaEN]

-- Guest Essay: Counties, PEMA Need To Include A Complete Vulnerability Assessment Of All Natural Gas Facilities In State, County Hazard Mitigation Emergency Plans - By Cat (Cathy) Lodge, Washington County Resident   [PaEN]

-- DEP: Shell, Pipeline Contractor Assessed $670,000 Penalty For Falcon Ethane Pipeline Construction Violations In Allegheny, Beaver, Washington Counties   [PaEN]

PA Oil & Gas Public Notice Dashboards:

-- Pennsylvania Oil & Gas Weekly Compliance Dashboard - April 29 to May 5; Major Shale Gas Wastewater Spill; 6 More Abandoned Well NOVs   [PaEN]

-- Citizen Complaint, Company Report Results In DEP Inspection Finding 63,000 Gallon Wastewater Spill At Seneca Resources Shale Gas Well On State Game Lands In Elk County; More Leaks, Spills   [PaEN]

-- PA Oil & Gas Industrial Facilities: Permit Notices/Opportunities To Comment - May 6   [PaEN] 

-- DEP Posts 64 Pages Of Permit-Related Notices In May 6 PA Bulletin  [PaEN] 

PA Oil & Gas Compliance Reports

-- Feature: 60 Years Of Fracking, 20 Years Of Shale Gas: Pennsylvania’s Oil & Gas Industrial Infrastructure Is Hiding In Plain Sight [PaEN]

-- Conventional Oil & Gas Well Owners Failed To File Annual Production/Waste Generation Reports For 61,655 Wells; Attorney General Continues Investigation Of Road Dumping Wastewater  [PaEN]

-- DEP Issued 754 Notices Of Violation For Defective Oil & Gas Well Casing, Cementing, The Fundamental Protection Needed To Prevent Gas Migration, Groundwater & Air Contamination, Explosions  [PaEN]

-- DEP Report Finds: Conventional Oil & Gas Drillers Routinely Abandon Wells; Fail To Report How Millions Of Gallons Of Waste Is Disposed; And Non-Compliance Is An ‘Acceptable Norm’  [PaEN]

-- DEP 2021 Oil & Gas Program Annual Report Shows Conventional Oil & Gas Operators Received A Record 610 Notices Of Violation For Abandoning Wells Without Plugging Them  [PaEN]

-- PA Oil & Gas Industry Has Record Year: Cost, Criminal Convictions Up; $3.1 Million In Penalties Collected; Record Number Of Violations Issued; Major Compliance Issues Uncovered; Evidence Of Health Impacts Mounts  [PaEN]

Related Articles This Week:

-- Attorney General Henry Charges 2 With Criminal Risking Catastrophe Charges Related To Work On Natural Gas Pipeline In Lawrence County; Pipelines Have Worst Environmental Compliance Record In PA [PaEN]

-- Center For Coalfield Justice: Nearly 11 Months Since An EQT Shale Gas Well Frac-Out Left Residents Near New Freeport, Greene County Without Clean Water; DEP’s Investigation Not Complete  [PaEN]

-- Earthworks Submits Video Evidence To DEP Of More Air Pollution Violations By Gas Flares At Shell Petrochemical Plant In Beaver County  [PaEN]

-- Pittsburgh Business Times: Shell CEO Said Beaver County Petrochemical Plant Startup ‘Niggles’ Will Last Through 2023

-- Environmental Groups Circulate Petition Asking Dept. of Health, University Of Pittsburgh For Update On Studies Of Health Impacts Of Oil & Gas Industrial Facilities  [PaEN]

-- DEP Environmental Justice: State Dept. of Health, CDC Launch Environmental Public Health Tracking Program  [PaEN] 

-- Physicians For Social Responsibility PA Host May 10 Webinar: Imagine A More Natural PA - How We Use Methane Gas, What It's Doing To Us   [PaEN]  

-- EDF: Federal Pipeline And Hazardous Materials Safety Administration Proposes Vital Standards to Enhance Safety, Cut Methane From Nation’s Pipeline Network  [PaEN] 

-- Senate Hearing: Wholesale Electricity Prices Too Low To Support Coal, Natural Gas Power Plants In Market; Natural Gas Reliability Issues Will Continue  [PaEN]

[Posted: May 5, 2023]   PA Environment Digest