The Public Service Commission has voted to move forward with a formal complaint against Dakota Access, LLC.
The complaint is for failing to obtain approval from the Commission before beginning construction after cultural sites were found in the pipeline route. Commission Chairman Julie Fedorchak says the PSC was first notified of the discovery of stone cairns and other cultural artifacts by its third party construction inspector during a routine inspection. The report was filed October 25th. The PSC immediately requested an explanation from Dakota Access as to why they were not notified, as was required by their permit.
Documents filed October 27 state the cairns and artifacts were discovered Oct. 17 by a company resource monitor. The company stopped construction, notified the State Historic Preservation Office and developed their own alternative route after the artifacts were identified. Fedorchak says the PSC was never notified of any this.
Commission advocacy staff has suggested a fine of $15,000. Dakota Access has 20 days to respond to the complaint. Fedorchak says the response can include a settlement agreement where the company agrees to pay the fine, or a request for a hearing on the issue.