Dakota Access pipeline decision coming Nov. 30

The Public Utilities Commission intends to make its decision on the Dakota Access pipeline in one week.

The PUC’s agenda for a Nov. 30 ad hoc meeting – posted Monday - says it will decide at that meeting whether to grant the construction permit for the pipeline.

The commission had announced its intention to decide that day on Oct. 21, and none of the arguments filed since then have altered the schedule.

Dakota Access would carry crude oil from the Bakken Oil patch in western North Dakota through four states on its way to a hub in Patoka, Ill. The pipeline would run beneath 272 miles of South Dakota land.

Opponents and supporters argued over the value and drawbacks of the pipeline last month during a weeklong hearing before commissioners.

Supporters from Energy Transfer Partners, LLC cited a need for energy security, dozens of temporary and a handful of permanent jobs and the relative safety of pipelines versus rail or truck transport.

The pipeline would carry 450,000 barrels of oil per day, with the potential to transport up to 550,000. Energy Transfer VP of Engineering Joey Mahmoud told the commission that the pipeline would make five full trains available for other purposes and take 2,250 trucks off the road.

Opponents talked about the loss of agricultural production on land disturbed by construction, concerns about spills, potential upsetting of wildlife habitat and archeological landmarks.

Whooping crane habitat in particular was a sticking point for opponents with the Yankton and Rosebud Sioux tribes and Indigenous Environmental Action, as were environmental concerns.

Debate has continued in writing since the hearing, as well.

In its final brief to the commission, for example, the Yankton Sioux Tribe argues that Energy Transfer Partners failed to properly disclose the role of Sunoco Logistics in the pipeline’s post-construction operation.

“The identity of the operator is material to identifying its safety record and to the Commission’s decision,” the brief states.

Madison-area farmer Charlie Johnson, whose operation is certified organic, wrote a letter to the PUC in April outlining his concerns about maintaining his organic certification. Minnesota’s Public Utilities Commission required an organic farm mitigation plan for a project crossing the Twin Cities-area “Garden of Eagan,” he said, suggesting that Dakota Access offer a similar plan.

Johnson called late last month to point out that Dakota Access has yet to offer such a plan.

Dakota Access, meanwhile, offered a set of stipulations for its permit on Monday. In addition to complying with state and local laws, the brief says, it would offer quarterly reports to the PUC, hire a liaison officer – approved by the commission – to deal with landowner disputes and log landowner concerns about ag mitigation, environmental compliance and other issues.

By law, the PUC has until Dec. 15 to decide whether to grant a construction permit, grant a permit with conditions or deny it altogether.

John Hult is the Reader's Watchdog reporter for Argus Leader Media. Contact him with questions and concerns at 605-331-2301, 605-370-8617. You can tweet him @ArgusJHultor find him on Facebook at www.Facebook.com/ ArgusReadersWatchdog