Keystone Non-Disclosure Agreements
Raise Further Transparency Concerns

By Gordon HopkinsConcerns about transparency were raised during a hearing of the Kansas Legislature held Tuesday, March 14, with Gary Salsman, TC Energy Vice President, Field Operations, answering questions about the oil spill near Mill Creek. On December 7, 2022, a leak of the Keystone Pipeline dumped an estimated 12,937 barrels of crude oil into Mill Creek, three miles east of Washington, Kansas, and approximately 20 miles south of Steele City.Steele City is a key junction for the pipeline, which is owned and operated by TC Energy, the company formerly known as TransCanada. Soil from Steele City is being taken to Kansas to replace the oil-contaminated soil. At that hearing, Kansas Representative John Carmichael asked, “There are press reports that, following the incident, TC Energy leased or made payments to landowners for access and included in those agreements, Non-Disclosure Agreements (NDA), which restricted landowners ability to share with the legislature, the press, the public, their friends and their neighbors what happened on their land? Is that correct and, if so, why?”Salsman said, “I don’t know offhand the specifics of those.”Carmichael said, “Would you secure that answer and please provide it to us.”Salsman said, “Yes, absolutely.” However, on March 23, Carmichael told FJN, “As of yesterday TC Energy had failed to provide the requested information to the committee. No surprise there. I visited with the committee chairman yesterday and he will be forwarding a formal written request to Mr. Salsman for the information he agreed to provide.” FJN reached out to TC Energy directly. On Monday, a representative responded, “From day one of our response, we have worked closely with impacted landowners. As part of this, our Land Representatives have provided ongoing updates and continue to be available for in-person meetings and phone calls. Compensation is a part of the remediation discussion between our Land Representative and landowners. The details of compensation form part of our private agreements we enter into with landowners and are confidential as part of our commitment to protecting landowner’s private information. In a remediation situation, TC Energy takes full responsibility for cleanup, equipment and cost and as such, impacted landowners will be fairly compensated for any and all established damages, loss of use or other impacts they may experience.”Senator Carmichael told FJN, “Clearly, the pipeline industry in general and TC in particular consider this matter resolved. I do not.”

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