PSC files formal complaint for Dakota Access permit violation

The North Dakota Public Service Commission (PSC) has filed a formal complaint against Dakota Access, LLC, for permit violations including the failure to notify the PSC of the discovery of unanticipated cultural sites along a planned pipeline route.

After stone cairns and other artifacts were identified on the route on Oct. 17, Dakota Access rerouted pipeline construction to avoid the site, but did so without notifying the commission – an action that was in violation of the company’s permit. The PSC was informed of the rerouting on October 25, following a routine inspection by its third-party construction inspector.

While Dakota Access halted construction in the area, and notified the State Historic Preservation Office, the company’s permit required that the PSC be directly informed of and provide approval for the alteration.  The order issued for Dakota Access included a provision which specifically stated that following the discovery of a cultural or historical site, a report must be filed with the commission as well as the State Historical Society, and clearance to proceed would be required.

The commission is recommending a minimum fine of $15,000 for the infraction, and Dakota Access will be allotted 20 days to provide a response to the formal complaint, which may include settlement negotiations, a request for a hearing, or a dispute of the complaint.