N.D. orders diverted-pipeline hearing

This aerial photograph taken from video shows law enforcement officers lined up Wednesday against oil pipeline protesters near Cannon Ball, N.D.
This aerial photograph taken from video shows law enforcement officers lined up Wednesday against oil pipeline protesters near Cannon Ball, N.D.

BISMARCK, N.D. -- The developer of the Dakota Access pipeline will have to present evidence at a hearing to prove that it didn't willfully violate North Dakota rules when it failed to provide details of its pipeline-reroute plan to avoid disturbing American Indian artifacts, state regulators said.

Texas-based Energy Transfer Partners in October diverted construction of the $3.8 billion pipeline around artifacts but didn't first check with the North Dakota Public Service Commission, which oversees pipelines. Commission staff members say that warrants a fine of at least $15,000.

Energy Transfer Partners maintains that it didn't intentionally violate state rules and that public comments in November by Public Service Commission Chairman Julie Fedorchak illustrate the minor nature of the issue. Fedorchak said she was "disappointed" with the developer's conduct but that the failure to notify might have resulted from miscommunication within the company.

On Tuesday, the three-member commission rejected the company's request to dismiss the complaint, saying that a hearing should be held to determine whether the violation was willful. Also, the commission discounted Fedorchak's comments.

"Commissioner Fedorchak has the ability to speak for herself, but only the Commission can speak for the Commission," the order states.

An administrative law judge will oversee the hearing, but the commission will make the final decision on a fine. The four-state, 1,200-mile pipeline would transport North Dakota oil to Illinois. Work on the pipeline is stalled because of a dispute over whether Energy Transfer Partners has permission to lay pipe under Lake Oahe, a Missouri River reservoir in North Dakota that's the source of drinking water for the Standing Rock Sioux.

Last week, the Army Corps of Engineers began reviewing an earlier decision not to grant permission until more study is done about the tribe's fears that a pipeline leak would contaminate its water.

Protests against the pipeline have resulted in nearly 700 arrests in southern North Dakota since August. The most recent were Wednesday, when American Indian activist Chase Iron Eyes and 73 others were arrested after a group of protesters set up tepees on land that authorities say is owned by the pipeline developer. Protesters said they were peacefully assembling on land that they believe rightfully belongs to American Indians.

On Friday, Iron Eyes was charged with inciting a riot, a felony that carries a maximum punishment of five years in prison. He also faces a misdemeanor count of criminal trespass. Iron Eyes, who made an unsuccessful bid for Congress last fall, said he believes that he was targeted because he's a public figure. He said he will plead innocent.

The Corps of Engineers said Friday that it notified remaining protesters camped near Lake Oahe that the government-owned land will be closed beginning Feb. 22 because of a threat of injury or death from flooding. The Corps said there also is a danger of debris and waste from the camp polluting the Cannonball River and the lake.

A Section on 02/05/2017

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