FT. PIERRE, SD – The South Dakota Public Utilities Commission voted to deny the construction permit for the Summit Carbon Solutions Pipeline on the first day of hearings. The proposed line would run through eastern South Dakota, including Hamlin, Kingsbury, Lake and Miner Counties.
The proceedings started with a bang as PUC staff made a motion to deny the permit without further hearings. Staff Attorney Kristen Edwards pointed to last week’s ruling by the PUC that they would not preempt county setback ordinances. Edwards says the proposed route would fail in four counties, those being Brown, McPherson, Minnehaha, and Spink.
Summit lawyer Brett Koenecke says this project is going to be built and it has broad support. He argued that the Commission should proceed with the hearing.
Ultimately the PUC voted unanimously to deny the application, upholding the argument by staff attorneys that without waivers or conditional use permits from the counties with ordinances in place the project could not meet all applicable laws and rules.
Commission Chair Kristi Fiegen recused herself from these hearing due to a potential conflict of interest, State Treasurer Josh Haeder took her place on the commission for the hearings.
