Dakota Access Pipeline Asks SD PUC to Halt Summit Proceedings Over Failure to Communicate on Siting

Executives and attorneys for Energy Transfer Partners, which operates the Dakota Access Pipeline (DAPL), have filed a request to intervene in Summit Carbon Solutions’ recently filed second application for its proposed multistate hazardous CO2 pipeline with the South Dakota Public Utilities Commission (SD PUC).

Continuing a theme that Summit has shown arrogance, and bullying tactics toward landowners and opponents of its project, DAPL claims that it has tried to contact Summit since 2021 over Summit’s intention to potentially co-locate or cross over the DAPL pipeline with its own. DAPL calls it a “departure from industry practice,” and asks the SD PUC to either impose its desired conditions on Summit, or else “hold this proceeding in abeyance” until crossing agreements are reached.

“Despite their millions spent on public relations, Summit cannot hide who they really are. The theme has been clear in South Dakota and across the region – Summit does not respect the law, they don’t respect the will of the people, and they think they can force themselves on and through South Dakota. But don’t take landowners word for it, just read the DAPL filing. Summit must still believe it has enough legislators in its pockets to slam their proposed hazardous pipeline through South Dakota,” said Brian Jorde, attorney for landowners with the South Dakota Easement Team and Omaha-based Domina Law Group.

“Importantly, to ensure safe crossings and encroachments of the magnitude proposed by Summit (as Dakota Access currently understands), multiple technical review meetings involving engineers, staff and other personnel are required. And a significant amount of technical data must be provided by the project proponent for those collaborative meetings to meaningful. This industry standard collaboration effort requires significant manpower and effort between the existing pipeline owner (Dakota Access) and the project proponent (Summit). Summit has thus far been unwilling to engage in such a collaboration… Due to a lack of reliable and detailed information provided by Summit, Dakota Access is unaware of the true number of crossings and the technical feasibility of such crossings.

“…Shockingly, Summit representatives rejected a conversation on the matter, responding to this proposal by stating that its easements do not require it to follow any additional conditions when crossing DAPL.”

Summit’s longstanding unwillingness to provide basic and reliable information—such as a map of its proposed route identifying the number and location of crossings—required to make sure that DAPL is not jeopardized is a clear departure from normal industry practice, where pipeline crossings are typically resolved through collaboration.”

Dakota Access stated that it would withdraw its application to intervene at the SD PUC if Summit finally agrees to negotiate on siting and accept the company’s conditions, or it showed that it has changed its route to avoid DAPL.

But in lieu of any progress to be made between the two companies, Dakota Access is asking the SD PUC to “hold this proceeding in abeyance” until crossing agreements are reached:

“Therefore, Dakota Access respectfully requests that the Commission include the reasonable crossing conditions proposed here by Dakota Access, should the Commission decide to authorize construction of the CO2 pipeline.”

“…In the alternative, Dakota Access requests that the Commission hold this proceeding in abeyance pending the completion of crossing agreements between Dakota Access and Summit for each of the proposed crossings and encroachments.”

The conditions DAPL is seeking include the installation of cathodic protection at potential Summit – DAPL crossing points, greater than 24 inches of vertical separation between the pipelines at rural water crossings, and other specifics outlined here:

a. Summit shall notify Dakota Access at least 48 hours in advance of any construction activity at or near any portion of DAPL’s right-of-way in South Dakota, and Summit must contact the South Dakota-approved Notification Center at 811 prior to construction;

b. Summit shall positively locate the CO2 Pipeline for Dakota Access at any proposed crossing location in South Dakota within 48 hours of request by Dakota Access;

c. No heavy equipment or wheeled construction vehicles of any type will be permitted to work directly on DAPL’s right-of-way without utilizing timber mats or airbridges placed over DAPL’s centerline and covering the entire permanent easement at the crossing location;

d. Any excavation by Summit within one pipeline diameter (i.e., 30 inches) of DAPL at each proposed crossing location will be performed by hand;

e. A conventional bore or other suitable trenchless technique shall be used by Summit for each individual crossing of DAPL;

f. There will be no less than two pipeline diameters (i.e., 60 inches) of separation between the CO2 Pipeline and DAPL;

g. The CO2 Pipeline will cross DAPL by angles of no less than 80 degrees, with 90 degrees preferred;

Where the conditions specify specific distances (for example, between pipelines), those distances are customarily determined based upon a comparison of pipeline sizes and, accordingly, differ slightly here from other conditions approved in other jurisdictions.

h. Summit will use a reputable construction contractor to construct the CO2 Pipeline at crossings of DAPL in South Dakota;

i. The CO2 Pipeline will have an abrasive resistant coating overlay where it crosses DAPL extending at least the entire width of the DAPL permanent easement;

j. The CO2 Pipeline will be cathodically protected and must have test leads installed at each DAPL crossing location;

k. Summit will monitor cathodic protection at all crossing locations of DAPL; and

l. Summit will ensure that water vapor in the CO2 Pipeline gas stream and monitoring and control of same are in compliance with state and federal guidelines and regulations

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