Tag: North Dakota Public Service Commission

State settles misconduct allegations with Dakota Access Pipeline developers

Big Oil saves face, state to get new trees by end of 2018

By C.S. Hagen
BISMARCK
– The Dakota Access Pipeline developer agreed to plant trees to reach a settlement over two misconduct allegations while constructing the pipeline on Wednesday.


A total of 20,000 trees are to be planted by December 31, 2018 along the pipeline route, a total cost that will exceed the $15,000 settlement the North Dakota Public Service Commission offered in August.

Although pipeline developer Dakota Access LLC, faced 83 counts of improperly removing trees and foliage, multiple claims of topsoil removal, failure for having a proper spill prevention plan, and rerouting the pipeline without properly notifying the Commission after finding a cultural site, no fines were levied.

The issues involved in the misconduct allegations were disputed by both parties involved, resulting in an apparent “saving face” incentive for Dakota Access LLC, a subsidiary of Energy Transfer Partners.

“The parties to this agreement have determined that settlement and compromise of the dispute is in the interests of their respective stakeholders and agree to resolve the Order to Show Cause proceeding and the investigation proceeding without any fault or admissions being made by either party to the allegations made,” the agreement stated.

The pipeline developer has until the end of 2018 to plant the 20,000 two-year-old saplings, which can be willow, juniper, aspen, pine, ash, cedar, oak, spruce, boxelder, or maple trees, according to the agreement.

The company also agreed to to repair disturbed topsoil, distribute a current spill prevention manual to current registered pipeline companies throughout the state, and conduct training programs on unanticipated discoveries and the Commission’s route change process at the 2018 Williston Basin Petroleum Conference.

Dakota Access, LLC also agreed to bring a “speaker of national or international renown” to speak during the North Dakota State Historic Preservation Office, all expenses paid by the pipeline developer.  
All other complaints against the pipeline developer were dismissed with prejudice, according to the agreement.

In late August, Energy Transfer Partners, struck back at NoDAPL organizations, calling those involved “racketeers,” “parasites,” “rogue eco-terrorists,” and “criminals,” and demanding a jury trial while alleging the multiple defendants processed millions of dollars and fraudulently induced donations to support the NoDAPL cause.

The lawsuit was filed approximately three months after the North Dakota Private Investigation and Security Board filed a civil lawsuit against TigerSwan, LLC, the security “fusion leader” for Energy Transfer Partners. The lawsuit stated that the security company and its founder, among other oil companies, worked illegally in North Dakota.

Dakota Access Faces Allegations of Misconduct

Second allegation filed by the North Dakota Public Service Commission to be discussed next week in public hearing

By C.S. Hagen
BISMARCK
– While some in the Peace Garden State claim Standing Rock activists are terrorists, jihadists, or simply troublemakers, the companies behind the Dakota Access Pipeline are also apparently far from innocent.

In addition to a civil lawsuit filed by the North Dakota Private Investigation and Security Board against international security company TigerSwan, the company now faces allegations of misconduct filed by the North Dakota Public Service Commission.

Two investigations from North Dakota Public Service Commission are now pending, involving Dakota Access, LLC.

On May 31, 2017, the Commission opened an investigation into Dakota Access, LLC’s work along the pipeline route.

“DAPL agreed to and participated in a preconstruction conference to ensure that the company fully understood the conditions set forth in the Commission’s order upon which the certificate and permit were granted,” a 33-page staff memorandum in response to the opened investigation stated. The memorandum was written by John Schuh, a staff attorney for the Commission, and by Sara Cardwell.

Fuel tank improperly protected – North Dakota Public Service Commission

“There were a number of deficiencies and possible violations that were recorded such as debris left on the right of way, unsafe work practices, silt fences in disrepair, and not being compliant with the North Dakota Department of Health Environmental Section guidelines.”

Additionally, wood matting was laid down in sensitive areas, cultural sites were discovered and the company rerouted without alerting the Commission in a timely manner. The pipeline company was also charged 83 times with destroying trees and landscape past 85 feet on either side of the pipeline, according to the memorandum.

The North Dakota section of the pipeline is 210 miles long, running through Mountrail, Williams, McKenzie, Dunn, Mercer, Morton, and Emmons counties, and cost an estimated $1.41 billion, according to the Commission.

“This will be an investigative hearing, it’s kind of a first step,” Consumer Affairs Specialist with the Commission Stacy Eberl, said. “The commissioners have asked the company to come in and give their side of the story on some allegations that staff brought forward concerning tree removal, subsoil segregation, and a fuel tank that didn’t have the proper containment unit around it.

“It’s a mix of different things that were noticed after construction,” Eberl said. “The other separate complaint has to deal with an incident where a cultural resource was discovered while they were building, and that’s the one where the company rerouted around the site, which was good, but they failed to notify the Commission. That one is holding right now. There is nothing formal on how they will resolve this quite yet.”

Dakota Access, LLC could be fined a civil penalty not to exceed $10,000 for each violation for each day the violations persist, except the maximum penalty cannot exceed $200,000 for any related series of violations, Eberl said.

DAPL tree and shrub clearing greater than 85 feet – North Dakota Public Service Commission

Eberl couldn’t say if Dakota Access, LLC representatives were cooperating with the investigation.

“When we have an open case the Commission has to stay neutral because they are the judges,” Eberl said.

Keitu Engineers & Consultants, Inc. performed the third-party construction consulting services, conducting inspections almost weekly from May 2016 until February 2017, according to the memorandum.

“Keitu’s conclusion was that overall the project was generally maintained and in good condition,” the memorandum stated. “However, Keitu did find that there were deficiencies.”

The most common problem discovered was inadequate soil segregation – meaning subsoil and topsoil were piled together. An inspection on August 24, 2016 discovered tree removal extended beyond not only the 50 feet agreed upon in certification documents, but also beyond the 85 feet extension approved later by the Commission upon DAPL’s request, according to the memorandum.

An August 4, 2016 investigation led to the discovery of a fuel trailer, which was not properly contained, according to the memorandum.

North Dakota has been the deadliest state to work in for five years running. The 2017 edition of “Death on the Job: The Toll of Neglect,” compiled by the American Federation of Labor and Congress of Industrial Organization, a national trade union center and the largest federation of unions in America, reported its latest statistics for 2015 that 12.5 North Dakota workers per 100,000 were injured on the job, and 47 people died while on the job.

Statistics for 2016 are not yet available.

On March 23, 2017, Mike Futch, the DAPL Project Manager for North Dakota, replied to the allegations saying that there exists a difference of opinions between inspectors, but that he would be willing to discuss the issues. Dakota Access, LLC used a company called Duraroot Environmental Consulting to perform its own investigation, which denied the company was liable in many of the cases cited by the Commission.

The public hearing on the issues will be conducted on Thursday, August 17, at 8:30am in the Commission’s Hearing Room in the capitol building.

DAPL Mobilizes to Dig under Lake Oahe

Horizontal drilling equipment en route to Missouri River, ND Public Services Commission proposes DAPL fine

By C.S. Hagen
CANNONBALL
– In two weeks, Dakota Access Pipeline promises it will begin drilling across the Missouri River at Lake Oahe.

In a statement released on national election day, Energy Transfer Partners, the parent company of Dakota Access LLC, said it was “mobilizing horizontal drilling equipment to the drill box site… Dakota Access remains confident that it will receive the easement for these two strips of land adjacent to Lake Oahe in a time frame that will not result in any significant delay.”

It is an announcement many believe is in direct defiance of President Obama’s recommendations to halt construction, and an effectual slap to the U.S. Army Corps of Engineers’ face, which has not, nor has shown any signs of giving the easement Dakota Access Pipeline needs to legally cross the Missouri River. 

“Dakota Access expects that its mobilization of equipment will be completed over the next two weeks and that it will commence drilling activities upon completion of mobilization,” the statement said. Dakota Access also reprimanded the U.S. Army Corps of Engineers and demanded the Corps rescind an earlier statement that it was intending to halt construction. 

“To be clear, Dakota Access Pipeline has not voluntarily agreed to halt construction of the pipeline,” the press release stated. 

Last week, Senator John Hoeven R-N.D., arranged meetings in his Washington office with the North Dakota Stockmen’s Association to pressure the Obama Administration and the U.S. Army Corps of Engineers to issue the easement for Dakota Access Pipeline, according to a press release from Hoeven’s office.  

Activist and drone operator, Myron Dewey, said the DAPL drill pad is a quarter of a mile from the Missouri River. The area is completely surrounded by razor wire, and long, deep pits have been dug on both sides of the pipeline.

“The black snake head is there,” Dewey said.

“What we are looking at is a full on, militaristic protection of this pipeline,” Dewey said. “They’re not wasting any money on the expense on trying to protect this pipeline.”

Law enforcement on top of Turtle Hill, guarding south of the pipeline - photo provided by Morton County Sheriff's Department

Law enforcement on top of Turtle Hill, guarding south of the pipeline – photo provided by Morton County Sheriff’s Department

Tom Goldtooth, director for the Indigenous Environmental Network said legal cases are being compiled, strategies are being made. Standing Rock is not planning on sitting down and letting the pipeline through.

“We know the black snake is continuing to strike,” Goldtooth said. “Even though there have been requests from federal agencies and from the Army Corps for them to voluntarily not construct and to hold off, that’s not what the Dakota Access is doing. They’re going full steam ahead.

DAPL route entrance Highway 6 - photo by C.S. Hagen

DAPL route entrance Highway 6 – photo by C.S. Hagen

“We really have to put our minds together, our hearts together,” Goldtooth said. “The power of prayer is what will stop this black snake. We will do what we can to create some headaches for the company, create some headaches for North Dakota, and just calling them to task on what they should do.”

Additionally, the North Dakota Public Service Commission proposed a USD 15,000 fine for Dakota Access LLC on Tuesday for potential permit violations after the company failed to notify the commission about finding cultural artifacts in the pipeline’s route in a timely manner, according to a press release made available by Julie Fedorchak, chairman of the Public Service Commission.

Dakota Access discovered four stone Cairns and other artifacts in the pipeline’s route in Morton County on October 17, and notified the Public Service Commission on October 27, according to Fedorchak.

“The company developed an alternative route around the site to leave it undisturbed,” Fedorchak said. “In the complaint filed today, Commission advocacy staff alleges the company failed to submit the required documentation and obtain the required clearance from the PSC [Public Service Commission] before resuming construction on the adjust pipeline route.”

Dakota Access has 20 days to respond to the complaint. Energy Transfer Partners’ spokesperson, Vicki Granado, did not return repeated emails and telephone calls. Repeated attempts were also unsuccessfully made to contact Colonel John W. Henderson of the Omaha District of the U.S. Army Corps of Engineers for comment.

"You have guns, we have water" - photo by C.S. Hagen

“You have guns, we have water.” – photo by C.S. Hagen

 

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