The chairman of the North Dakota Public Service Commission is having PSC staff draft a complaint against the developers of the Dakota Access Pipeline – for not telling the Commission about artifacts it found along the route.
Julie Fedorchak said a third party construction inspection firm – hired by the PSC – told the Commission it had an “unanticipated discovery” of some artifacts and cairns at a site about two miles west of the Cannonball Ranch. Fedorchak said the company had re-routed the pipeline, and worked with the State Historical Preservation Office. But she said the PSC wasn’t told about this until after the fact – and although she says the company did follow its plan for “unanticipated discoveries,” and did "a good job," she’s disappointed.
"Our regulatory approach here in North Dakota depends on a level of trust with business," Fedorchak said. "It's guarded trust, because we have the third party construction inspection program, but trust nonetheless."
Fedorchak said that's important.
"We all want the same things," Fedorchak said. "We all want safe, environmentally sound projects, built to high standards, and with the public trust. This trust demands a full and prompt disclosure of key information. And that was neglected in this case."
Fedorchak said the company could face fines – depending on the complaint, and the outcome of any hearings. The fines could be as high as $10,000 a day, with a $200,000 cap. But she said she doubts the PSC would levy the maximum fine.
"The punishment has to fit the crime," Fedorchak said. "There are much worse things that could happen."
Fedorchak said the important thing is – the pipeline was re-routed around the artifacts.
Meanwhile, Fedorchak said while she appreciates President Obama’s attempt to try and ease some of the concerns over the route of the Dakota Access Pipeline, she has some grave concerns over a potential reroute.
The President spoke to the pipeline situation during an interview with the on-line news network, “Now This News.”
"My view is there is a way for us to accommodate sacred lands of Native Americans," Mr. Obama told the program. "Right now, the Army Corps of Engineers is examining whether there are ways to re-route this pipeline."
But Fedorchak said the PSC did its due diligence in working with the company and the other agencies in the siting process.
"There was a process in place, a legal process," Fedorchak said. "It has been upheld by two courts."
Fedorchak said she doesn’t like the idea of changing the consultation process – and retroactively applying it to a project that’s already under construction.
Standing Rock Tribal Chairman Dave Archambault said he applauds President Obama’s commitment to protect their sacred lands. But in a statement, Greenpeace said there are no safe options for rerouting the pipeline.
