Yet another development on the ethanol carbon pipeline proposals.
At the Bismarck Tribune, Joey Harris reports in North Dakota regulators vote 2-1 to reopen Summit pipeline case:
State regulators on Friday voted to reopen a siting permit for a regional carbon dioxide pipeline that has been a source of contention in North Dakota for almost a year.
The 2-1 vote by the state Public Service Commission comes in response to Summit Carbon Solutions filing a petition for reconsideration on its proposed 2,000-mile interstate carbon dioxide storage pipeline after the PSC unanimously decided to deny the project in August.
Summit will now have the opportunity to present new evidence for the PSC to cross examine at an undetermined date. The commission will make the decision on whether the project poses minimal risk to the environment and the welfare of North Dakota residents, which the commission previously decided that Summit had failed to demonstrate.
Within Summit's petition for reconsideration were a number of changes to its original application including reroutes farther outside of Bismarck and off of certain parcels of property. Other issues the PSC brought up in its denial were also addressed in the petition including wildlife management areas and locations with potential geological instability; a cultural resource survey; and the proposed route's proximity to BNI coal mining operations.
The PSC decision on Friday did not make a determination on the strength of Summit's new evidence.
"They made an argument that they intend to resolve the deficiencies but the evidence of being able to successfully do that has to come in a hearing where the opposition and us can cross examine," said Commission Chair Randy Christman
Summit requested a one-day rehearing limited to the issues brought up in its petition, but the commission indicated that it would decide the parameters of the rehearing and what it would include. . . .
Read the rest at the Tribune.
At the Fargo Forum, Jeff Beach reports in North Dakota regulators will reconsider Summit Carbon Solutions pipeline denial:
Summit Carbon Solutions will get a second chance to make its case for a carbon capture pipeline through North Dakota.
The North Dakota Public Service Commission on Friday, Sept. 15, granted a request from Summit Carbon Solutions to reconsider their route permit application. The commission on Aug. 4 denied Summit’s application . Summit tried to remedy what the PSC pointed out as deficiencies, including a new route around Bismarck.
Summit requested a one-day hearing for reconsideration . At a previous work session of the PSC, commission Chairman Randy Christmann said the PSC is not obligated to grant a timeline requested by Summit and will instead set its own schedule.
“The company can now, I guess, prepare the evidence that they sought to provide to us to persuade the commission that the applicant’s (Summit) application meets the legal standard,” he said. “And I will tell you that based on the deficiencies laid out in the previous denial, I'd say that evidence will need to be substantial.”
Summit has proposed a new route farther north of Bismarck. Summit officials did not immediately respond to messages left seeking comment. . . .
North Dakota was the first state to bring a Summit pipeline route to a vote, denying that application on Aug. 4.
South Dakota on Sept. 11 also denied an application from Summit.
After the 2-1 vote in favor of the rehearing, Christmann said the commission will have to make a decision on whether county ordinances preempt the authority of the commission. Emmons and Burleigh are counties along the route that have passed ordinances that would limit where the pipeline could go.
“I argued five weeks ago that the law is crystal clear that on hydrocarbon pipeline projects, the county ordinances are preempted,” he said.
Preemption was a key factor in the decision by the South Dakota Public Utilities Commission to deny Summit a permit.
The 2,000-mile pipeline would capture greenhouse gas emissions from ethanol plants in five states to be stored underground west of Bismarck. Summit says the project will benefit the ethanol plants and corn growers, but some landowners have been resistant to provide a voluntary easement for the project.
Commissioner Sheri Haugen-Hoffart voted against the rehearing, saying Summit could have addressed many of the issues as they were raised during public hearing on the pipeline. . . .
Read the entire article at the Forum.
Map: The Midwest Carbon Express pipeline proposed by Summit Carbon Solutions.
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