Schedule of Upcoming CO2 Pipeline Public Hearings: South Dakota, Iowa, Illinois, North Dakota, Minnesota, Nebraska

Proposed carbon dioxide pipeline projects put forth by Summit Carbon Solutions and Navigator Ventures have upcoming scheduled public hearings on their permit applications before the South Dakota Public Utilities Commission (SD PUC) — beginning this week on July 25 for Navigator — and the Iowa Utilities Board (IUB), where Summit’s hearings begin next month on Aug. 22. Find details below for landowners and others who wish to participate directly, and observe the hearings in person or online.

In North Dakota, public hearings on Summit’s proposed pipeline were held by the North Dakota Public Service Commission (ND PSC) March 14 (Bismarck), March 28 (Gwinner), April 11 (Wahpteon), May 9 (Linton) and June 2 (Bismarck). Bold Alliance captured video of the proceedings, which featured impassioned testimony from landowners and thorough questioning of Summit’s reps and experts by landowners’ attorneys.

Across the other states through which the proposed CO2 pipelines would pass, Nebraska has no state authority asserted to govern CO2 pipelines at all. In Minnesota, which does not allow the use of eminent domain for CO2 pipelines, the Minnesota Public Utilities Commission (MN PUC) claimed regulatory authority over the carbon pipelines in 2022. The Commission voted to require the preparation of an Environmental Impact Statement (EIS) for just a portion of the Summit project in MN, but no hearings have been scheduled and Summit has said it does not expect any decision from the MN PUC until late 2024 – mid-2025.

In Illinois, Navigator re-submitted its permit application to the Illinois Commerce Commission (ICC) in February 2023, triggering an 11-month permitting process with a decision mandated by January 2024. The ICC has authority over both the proposed CO2 pipeline, and proposed underground CO2 sequestration pore space, for which the company has to date secured very few easements from landowners. A third proposed carbon dioxide pipeline, from Wolf Carbon Solutions partnered with an ADM ethanol plant in Illinois has stated it will not seek eminent domain authority to seize landowners’ property, but has been vague about its project timeline and when it might file permit applications.

South Dakota

• Navigator SD PUC hearings begin: Tuesday, July 25
• Summit SD PUC hearings: September 2023

Iowa

• Summit IUB hearings begin: August 22, 2023
• Navigator IUB hearings: (tentative, not yet scheduled) early 2024

North Dakota

• Summit ND PSC hearings: March 14 (Bismarck), March 28 (Gwinner), April 11 (Wahpteon), May 9 (Linton) and June 2 (Bismarck)
• North Dakota PSC Official Docket Page for Summit Permit
• WATCH ND PSC VIDEO: June 2 hearing; May 9 hearing; June 27 hearing (re: plume study confidentiality)

Nebraska

• No state agency permitting process or authority asserted over CO2 pipelines.

Minnesota

• Summit has applied for a permit only for a “northern branch” of its full proposed route. Company reps told MN county officials in late May 2023 Summit aims to file permit applications for a “southern branch” in the second quarter of 2023, and a “central branch” sometime in 2023, with an anticipated state permitting timeline of “12 to 18 months,” or late 2024 – mid-2025.
• Throughout the permitting process there will be multiple points where a member of the public can get involved. Public meetings and hearings where you can attend and learn more about a project, ask questions of agency or company staff, and make a statement about the project for the record. Open comment periods where you can provide a comment and submit it into the record.
• Minnesota PUC Official Docket Page for Summit Permit
• WATCH MN PUC LIVE: https://mn.gov/puc/activities/meetings/webex/

Illinois

• Navigator re-submitted a modified permit application to the Illinois Commerce Commission (ICC) in February 2023, which triggers a state-mandated 11-month deadline before a final permitting decision (January 2024).
• ICC staff submitted testimony on June 15 stating the Navigator project “is not a benefit to the citizens of Illinois nor in the public interest,” also noting that the company has negotiated voluntary pipeline easements from only 13.4% of landowners along the route, calling it an “extraordinarily low success rate” and a “strong indication of the unpopularity of the project.”
• Illinois Commerce Commission Official Docket Page for Navigator Permit
• WATCH ICC LIVE: https://www.icc.illinois.gov/about/media
• ICC Staff Testimony on Navigator Project: 
  ICC-staff-testimony-Navigator-pipeline-mark-maple
  

South Dakota PUC Navigator CO2 pipeline Evidentiary Hearings: July 25 – Aug. 5(?)

• The PUC denied landowners’ motion to provide testimony remotely via Zoom, meaning that any landowners who applied for party status and were accepted as intervenors must show up in-person in Pierre to give testimony and share your concerns about the CO2 pipeline crossing your land.
• The hearing will be a quasi-judicial contested case proceeding. Landowners who have already applied for party status and been accepted as intervenors may be represented by attorney or appear on their own to provide testimony. All parties will have the opportunity to appear, present evidence, and cross-examine the other parties’ witnesses. All persons testifying will be subject to cross-examination.
• Dates & Time: July 25, 8 a.m. – July 27, 9 p.m.; July 31 – Aug. 5, 8 a.m. – 9 p.m.
• Location: Casey Tibbs Rodeo Center, 210 Verendrye Dr. Fort Pierre, SD 57532
• LISTEN TO SD PUC LIVE: https://boardsandcommissions.sd.gov/Meetings.aspx?BoardID=213
• WATCH: Recording of landowners’ Zoom testimony tips for SD PUC hearing, feat. attorneys, Iowa Sierra Club, Bold Alliance
• South Dakota Easement Team (Landowners’ legal co-op represented by attorney Brian Jorde)
• SD PUC Official Docket Page for Navigator Permit Application
• SD PUC Order for and Notice of Evidentiary Hearing for Navigator:
  HP22-002NOH072523
  

Iowa Utilities Board Summit CO2 Pipeline Evidentiary Hearings: Aug. 22 – ?

• The IUB will begin the hearing process with testimony of landowners subject to eminent domain and provide a video livestream for the entire hearing, allowing landowners and others who are unable to attend in person to observe the hearing remotely. To further assist landowners, the IUB will create a schedule of dates, by area, for receiving testimony on Exhibit H from landowners (TBD). On the subject of mediation and virtual testimony, the IUB will continue to explore these options in order to determine if there is sufficient interest to move forward. At the evidentiary hearing, the IUB will hear evidence in favor of or opposing the proposed pipeline. Following the hearing, the IUB will consider all information presented, including comments and objections filed in the docket, before issuing a final decision and order. 
• Dates & Time: Tuesday, Aug. 22, 10 a.m. – 5 p.m. (Ending time is tentative)
• Location: Cardiff Event Center at Fort Frenzy, 3232 1st Ave S, Fort Dodge, IA 50501
• WATCH IUB LIVE: https://iowautilitiesboard.eduvision.tv/LiveEvents
• IUB Official Docket Page for Summit Permit Application
• IUB Order Setting Procedural Schedule for Summit:
  HLP-2021-0001_Order_2023.06.16_2122741_230616-121436 (1)