Serving O'Brien & Clay Counties

Iowa Utilities Board sets public hearing date for CO2 pipeline

The Iowa Utilities Board (IUB) issued an order on June 16 establishing the complete procedural schedule and public evidentiary hearing date for Summit Carbon Solutions (Summit Carbon) proposed hazardous liquid pipeline in Docket No. HLP-2021-0001.

The procedural schedule includes deadlines for intervention, filed testimony and reports. It schedules the hearing to begin on Aug. 22, 2023 at the Cardiff Event Center, 3232 First Avenue S., Fort Dodge.

Because all parties deserve a process that is open and transparent and does not unreasonably delay a decision about their interest, 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. In setting such a calendar the IUB is looking to provide clarity to landowners about when they will need to be at the hearing to provide their testimony.

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. The IUB is dedicated to the delivery of well-reasoned decisions in a timely manner, no matter how difficult.

At a June 6 status conference, participants discussed the procedural schedule and potential use of mediators, presiding officers and satellite locations. The June 16 order addresses options discussed at the status conference.

On the use of presiding officers to receive testimony and evidence from landowners subject to eminent domain, the IUB will not use presiding or hearing officers to hear evidence; however, the IUB will limit the use of a presiding officer to that of hearing and deciding discovery disputes under 199 Iowa Administrative Code 7.3.

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.

In an effort to provide open access and streamline logistics, the IUB is considering a mailer to be sent to landowners subject to eminent domain (Exhibit H) to determine their preference for participation in the hearing via in-person testimony, written testimony or virtual/remote testimony. The mailer would also include a question on whether the landowner is interested in voluntary mediation.

The IUB is cognizant of the hundreds of landowners not represented or unable to attend the status conferences and will continue to seek ways to engage all landowners in the docket process.

Summit Carbon filed its petition to construct, operate and maintain a proposed 687 miles of 6- to 24-inch diameter hazardous liquid pipeline to transport liquefied carbon dioxide within the state of Iowa, on Jan. 28, 2022 in Docket No. HLP-2021-0001.

In O'Brien County, current plans call for the pipeline to run east and west traversing through the entire county between Primghar and Paullina. Another line will connect to the aforementioned route running north and south between Paullina and the border with Sioux County. In all, the proposed pipeline in O'Brien County would total 33.84 miles.

In Clay County, the pipeline's main route would run east and west through the entire county just south of Royal but slightly north of the communities of Rossie, Greenville and Gillett Grove. Another line would run north and south east of Dickens and would connect with the east/west route near Gillett Grove. The total length of anticipated pipeline in Clay County is 41.76 miles.