Major North Dakota energy decisions looming in 2024 – InForum

The upcoming year will be a significant one for North Dakota’s energy industry, with decisions looming on two controversial pipelines that could have ripple effects across the energy sector and beyond.

Here’s is a preview of some of the major North Dakota energy news expected in 2024:

A proposal from Summit Carbon Solutions will continue to be a major energy story in the upcoming year. Summit is the company behind a five-state project to store carbon from ethanol plants in western North Dakota.

When some landowners refused to give Summit surveyors access to their property, Summit sued them. Lawyers argued those cases, lumped together in SCS Transport v. Malloy, before the North Dakota Supreme Court in December. A decision is expected this year.

The ruling could have implications not only for the pipeline industry but for other utilities as well.

Likewise, a pending decision by the Public Service Commission on whether local rules on pipeline zoning laws can take precedence over state rules is being watched closely.

The PSC hearing on the issue in late December drew a packed crowd, including leaders from the energy industry.

The PSC also will schedule an appeal hearing on Summit’s route application and there are decisions pending in other states on Summit’s plan to store carbon emissions from ethanol production underground.

Ultimately, Summit needs approval from the North Dakota Industrial Commission on underground sites.

On the oil pipeline front, there is an environmental impact review pending from the U.S. Army Corps of Engineers on the Dakota Access Pipeline that carries much of North Dakota’s oil production south toward refineries.

It’s unusual to have an environmental impact review after a project has been completed, but that’s what is happening with Dakota Access, commonly known as DAPL.

By the end of 2024 the Corps is expected to issue a final economic impact statement. The agency is studying five options: One option would let the pipeline keep operating as it has been since 2017, while another would add additional conditions. Two options involve a pipeline shutdown – either leaving the pipe in the ground or removing it. A fifth option involves looking at a route north of Bismarck; however, the Corps has no authority over routing of pipelines. A reroute would need new environmental review, permits and construction.

DAPL became the center of environmental protests during its construction. The pipeline has been operating since June 2017.

The state eventually sued the federal government, seeking to get reimbursed $38 million in emergency response costs after protesters attempted to block the construction on the Standing Rock Indian Reservation.

In December, U.S. District Judge Daniel Traynor ruled that the case can go to trial.

The Standing Rock tribe remains opposed to the pipeline running under the Missouri River, the source of drinking water for the area.

Minnkota Power Cooperative says it will determine sometime this year whether to move forward with its Project Tundra carbon storage project.

Project Tundra would capture greenhouse gas emissions from the Milton R. Young Station, a coal-burning power plant near Center in Oliver County, and store the carbon underground nearby.

Minnkota says Project Tundra is in its final development phase with a decision on the project coming mid-year.

The U.S. Department of Energy announced in December that it selected Project Tundra for up to $350 million in funding through its Carbon Capture Demonstration Projects Program.

State officials are watching how Minnesota’s new carbon-free energy mandate will impact North Dakota’s energy industry.

Minnesota lawmakers last year passed a plan requiring utility providers to transition to 100% carbon-free electricity sources by 2040, which includes energy it imports from North Dakota.

North Dakota has successfully fought such mandates from Minnesota in the past and officials indicated last year the new regulation could be grounds for another legal battle. The North Dakota Industrial Commission met in a closed-door executive session in December to discuss the matter with their attorney.

After the meeting, Attorney General Drew Wrigley told the North Dakota Monitor that state officials would submit public comment on the new measure to Minnesota regulators in early 2024.

Meanwhile, the Public Service Commission has a hearing set for Jan. 29 on a large wind project in Oliver County from NextEra Energy Resources.

This story was originally published on NorthDakotaMonitor.com.