North Dakota PSC approves Summit Carbon Solution’s Petition for Reconsideration

(BISMARCK) -- The North Dakota Public Service Commission has approved a Petition for Reconsideration submitted by Summit Carbon Solutions. The state agency voted 2-1 Friday to reconsider, with Commissioner Sheri Haugen-Hoffart  casting the lone dissenting vote.

The petition was filed by the company after the PSC denied a siting permit for the Midwest Carbon Express CO2 Pipeline Project in early August. In its petition, Summit has requested an opportunity to present relevant evidence at a hearing or hearings to demonstrate on the record that it has addressed, or will address, the deficiencies noted in the PSC’s Aug. 4, 2023, order to deny the permit. The company is granted the right to file for reconsideration under North Dakota Administrative Code (NDAC) Section 69-02- 06-02. Administrative code also includes a consideration of a “just, speedy, and inexpensive determination of the issues presented.”

Friday's decision took that into account as a decision to deny the reconsideration would have forced the company to reapply and start the permitting process all over, including throwing out all information currently in the record. That record includes information gathered at five different public hearings held across the state, which included lengthy and valuable testimony from the company, intervenors and the public. The Commission will determine at a future date any details regarding a hearing or hearings and what issues will be considered during that process.

SCS Carbon Transport LLC filed an application in Oct. 2022 to construct approximately 320 miles of carbon dioxide pipeline in North Dakota. The proposed route of the pipeline would cross through parts of Burleigh, Cass, Dickey, Emmons, Logan, McIntosh, Morton, Oliver, Richland and Sargent Counties. The CO2 would then be injected into pore space for permanent sequestration.

"We've listened to and learned from the concerns raised by the North Dakota Public Service Commission,” said Summit Carbon Solutions CEO Lee Blank. "Subsequently, we rerouted around Bismarck, made adjustments to drill or bypass game management and geo-hazard areas, and collaborated with the State Historic Preservation Office to record the findings of cultural surveys.”