Rebuttal Testimony of Mark Maple, Energy Engineering Program Safety & Reliability Division, Illinois Commerce Commission: One Earth Sequestration LLC
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The staff of the Illinois Commerce Commission has recommended the agency reject One Earth Sequestration’s application for a permit to store CO2 underground.
“Application pursuant to the Carbon Dioxide Transportation and Sequestration Act for a Certification of Authority to Construct and Operate a Carbon Dioxide Pipeline and when Necessary to take Interests in Property as Provided by the Law of Eminent Domain…
“My name is Mark Maple and my business address is Illinois Commerce Commission: I recommended that the Commission deny One Earth Sequestration, LLC’s (“OES” or the “Company”) request for a certificate of authority to construct, install, operate, and maintain an approximately 7.34-mile-long intrastate carbon dioxide transportation pipeline and related facilities (“OES Pipeline”) pursuant to the Carbon Dioxide Transportation and Sequestration Act (“CO2 Act”)…
“Q. Have you changed your recommendation after reviewing the rebuttal testimony presented by OES? A. No. For the reasons explained below I continue to recommend that the Commission deny OES’s request for a certificate of authority to construct, install operate, and maintain the OES Pipeline. As I explained in detail in my direct testimony, in my non-legal opinion, the OES Pipeline is not consistent with the public interest, public benefit, and legislative purpose of the CO2 Act as required…
“Staff counsel will address this issue further in briefs, including Mr. Kelly’s “plain reading” of the statute…
“Mr. Kelly attempts to criticize my experience with the CO2 Act, but in turn, ignores my extensive, related experience as an engineer at the Commission for the last 26 years. Therefore, Mr. Kelly’s attempt to discredit my professional experience should be disregarded…
Additionally, executing landowner agreements for the sequestration sites is only one of the several hurdles that OES faces in constructing a sequestration facility. Mr. Kelly did not address my concern regarding OES’s inability to obtain the necessary permits and approvals for the sequestration facility thus far. I cannot say with certainty that OES will eventually obtain all such permits and approvals…
“Likewise, OES has not had any updates to report on the status of the permit it must acquire from the McLean County Board since OES reported the permit denial on January 22, 2024…
“Q: In your experience, is it common for the Commission to grant a certificate for a pipeline that will be constructed to or from non-existent facilities? A. No…
“In my opinion, OES must show that the endpoints of the Project are known in order for this project to meet the public need standard set out in the CO2 Act…
“In my direct testimony, I raised concerns that the Commission is being asked to approve the OES Pipeline without receiving any feedback from local governmental units regarding the adequacy of the ERP, the amount of training offered by OES, the amount of money that OES will spend purchasing critical emergency response equipment, and other aspects of its safety planning…
“OES has not committed to providing 100% of the funds necessary to equip first responders…
“Despite the fact that some landowners have signed easement agreements, the Project continues to generate negative public sentiment. Additionally, OES is still lacking easements for more than one-third of the total length of the pipeline, which would be a considerable amount to take by eminent domain.”
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