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PSC denies reconsideration of Summit pipeline ruling that state law supersedes local ordinances; more siting hearings coming up

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PSC Chairman Randy Christmann

The Public Service Commission has denied a request for reconsideration of its order saying county ordinances do not trump state law, when it comes to siting pipelines.

It came during the siting process for the Summit Carbon Solutions proposed carbon dioxide pipeline project, to bring CO2 from Midwestern ethanol plans to be sequestered in Mercer County.

Burleigh County had asked for reconsideration and oral arguments.

"Burleigh County's arguments are substantially similar to the arguments made during the Commission's Dec. 21, 2023 hearing," PSC Chairman Randy Christmann said. "Therefore, the entirety of Burleigh County's argument has already been considered."

Christmann said the arguments made by the landowner-intervenors were also similar, and raised no new arguments.

And Christmann said because of reroutes for the pipeline proposed by Summit, especially in Burleigh County, the Commission will be holding another round of hearings.

"Due to how substantial the revisions are in Burleigh County, I think it would be appropriate to start with a comprehensive technical hearing, right here in Burleigh County," Christmann said. "That hearing would include issues with the Burleigh County route, and also address the other deficiencies specified in the earlier Commission order, denying the certificate and route permit throughout the state."

Christmann said that would probably be a multi-day event.

The Commission will also be looking at scheduling hearings in Linton, as well as Gwinner or Wahpeton.

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