The ND Department of Environmental Quality this week issued a Radioactive Materials License to Secure Energy that will allow the company to accept TENORM waste at its disposal facility 13 miles north of Williston.

TENORM (Technologically-Enhanced, Naturally-Occurring Radioactive Material) is a byproduct of oil and gas production. It is typically found in pipe scale and tank bottoms, and at filter socks used in saltwater disposal facilities. 

Chuck Hyatt, director of the DEQ's Division of Waste Management, said the agency determined that Secure's application demonstrated that it met all state environmental quality regulations. He said the department received "a mixed bag" of comments on the proposed operation, but nothing that would suggest Secure could not meet all state regulations.

"Typically, what we're asking for is something that will inform our decision based on those regulations, some new information that may not have been considered, and we didn't receive any comments of that nature," Hyatt said. "So nothing came through that would have suggested that there was something there that didn't meet those requirements."

The radioactive materials license compels Secure to comply with requirements outlined in the state's radiological health rules. Hyatt said Secure has not yet met the requirement for air monitoring, and cannot accept TENORM until equipment is in place. 

"For the air monitoring, you have to put monitors at the fenceline, and they aren't allowed to accept any TENORM waste until that's done," Hyatt said. "They need to collect baseline readings and they haven't notified us that they've done that, so that's one more step. They have the license, but before they can accept any waste, they need to install those air monitors."

The license requires inspection of all incoming loads, leachate sampling, groundwater monitoring, continuous air sampling, and all employees of the facility are required to wear docimeters that measure their cumulative exposure to radiation. The facility is limited to disposal of 25,000 tons of TENORM per year, and no more than 3,000 tons in any single month. Radioactivity levels in the material accepted at the landfill cannot exceed 50 picocuries per gram.

Secure previously sought and was granted a conditional use permit by Williams County for operation of the facility (see July 2, 2021 newsletter article).

Following up on North Dakota’s win last week regarding the federal government's motion concerning the "political question defense," the state scored another victory this week with a judge's order denying the fed's motion to limit the state's deposition topics. 

North Dakota is seeking to recover more than $38 million in costs associated with law enforcement and emergency services related to protests against the Dakota Access Pipeline in 2016 and early 2017. The ruling issued Monday by US Magistrate Alice Senechal clears the way for the state to pursue testimony from federal agencies about decisions to withhold or deploy federal law enforcement in response to protest activity at the DAPL camp on land controlled by the U.S. Army Corps of Engineers south of Mandan.

The government's motion sought to limit North Dakota’s depositions from non-Corps agencies, and to significantly limit the scope of topics the state could pursue. The judge's ruling will allow North Dakota to seek discovery against the non-Corps federal agencies involved in the DAPL protests, including the FBI, Department of Interior, Department of Justice and the Bureau of Indian Affairs. 

The State of North Dakota claims federal employees’ actions and inactions during the months-long protest resulted in North Dakota incurring costs of law enforcement and first responder time. The federal government has argued that the illegal conduct occurred as a result of the actions of the Corps to allow the protest on Corps-managed land. However, Corps officials have testified that the US involvement was an "interagency process under the direction of the DOI, DOJ and Department of Defense, and that by early October 2016 the Corps was essentially 'out of the process.'" The testimony indicated that top federal officials issued orders that enabled the protests to continue, and prevented the FBI, US Marshall's Service and BIA law enforcement from assisting to quell riots associated with the protest. 

Judge Senechal's decision said "depositions are important to resolving whether the United States breached its duty with respect to third persons occupying federal land." The order directs the state to specifically identify the documents or issues about which it intends to inquire, and limits the testimony to the period from August 2016 to March 2017.

Click here to read the judge's decision.

The North Dakota Public Service Commission heard from utilities, electric vehicle owners and owners of third-party charging stations this week to determine the impact that the EV market will have on electric demand, and how the effects should be addressed by regulated utilities.

The hearing was conducted in compliance with a provision of the Infrastructure Investment and Jobs Act that was signed into law in November 2021. The legislation directed each state to consider measures to promote greater electrification of the transportation sector including electric rates that promote affordable electric vehicle charging options; improve the customer experience associated with EV charging; accelerate third-party investment in EV charging; and recover the costs of delivering electricity to EVs.

Commission Chair Julie Fedorchak said although the hearing was required by federal law, she said it was helpful to gather public opinion on the use of electric vehicles and development of the infrastructure to support them. 

Click here to listen to Fedorchak's comments.

Each of the state's three regulated utilities offered comments at the hearing. Larry Oswald, director of Business Development and Energy Services for Montana-Dakota Utilities, said he expects "a low adoption rate for the foreseeable future" in the company's service territory. But he acknowledged that energy markets are changing and rapid growth in demand could put a strain on the grid.

Click here to listen to Oswald's comments.

Oswald said MDU is conducting research into incentive-based rates, and would likely implement time-of-day prices that discourage EV charging during peak hours. He said the utility has no plans to own and operate charging infrastructure, but he said the PSC should allow companies the option to do so.

Unlike MDU, Xcel Energy is actively working to install infrastructure, primarily in Minnesota where regulators have allowed the utility to pass costs on to all consumers. Alex Nisbet, a regulatory policy specialist for Xcel, said the company is sensitive to concerns that it could have a competitive advantage over owners of third-party charging stations. But he said the company believes its early investment could stimulate the EV market, thereby creating opportunity for additional private investment in charging infrastructure.

Click here to listen to Nisbet's comments.

The information gathered at the hearing will be used to help the PSC decide if measures to promote electrification of the transportation sector should be considered. Written comments will be accepted through November 14, 2022, and can be sent to ndpsc@nd.gov. 

Click here to read a Dickinson Press article about the hearing.

North Dakota's two U.S. Senators sharply criticized the Biden administration's threat to propose a windfall profit tax on American oil and gas producers.

In separate appearances on Fox Business News, Senators Kevin Cramer and John Hoeven said taxing oil industry profits would lead to even higher prices. Instead, they said the solution was to promote domestic energy production by removing permitting obstacles and encouraging the financial sector to support the industry.

In an interview with Neil Cavuto, Hoeven said inflation is being driven by high energy prices brought on by Biden's policies that discourage oil and gas production.

Click here to listen to Hoeven's comments.

In an interview with Larry Kudlow, Cramer said he finds it ironic that Biden complains about high energy prices and oil industry profits, when it's his anti-fossil fuel policies that have tightened the supply of energy. 

Click here to listen to Cramer's comments.

In response to high winter fuel prices, the Biden administration announced this week it would release more than $13 billion in aid to help low- and moderate-income Americans pay their energy bills. Cramer said consumers will appreciate the help, but it's the wrong approach.

Click here to listen to Cramer's comments.

Hoeven said if Republicans re-capture control of the House and Senate in the election, they will begin to reverse course with policies that will lower energy prices, which will also curb inflation.

Click here to listen to Hoeven's comments.

Senator Hoeven also met this week Richard Glick, chairman of the Federal Energy Regulatory Commission, urging FERC to take the handcuffs off domestic producers and empower the U.S. to unlock its energy resources. He urged Glick to expedite the approval process for infrastructure to get energy to market, and to properly value baseload power sources, including coal.

Click here to listen to Hoeven's interview with Cavuto. Click here to listen to Cramer's interview with Kudlow.

The American Petroleum Institute issued a statement this week in response to the Biden administration's threat of a windfall profits tax on oil producers, pointing out that rather than shifting blame for price increases, the administration should get serious about addressing the supply and demand imbalance.

Biden said he would pursue imposing higher taxes on oil companies if producers don't lower gas prices, calling the industry’s record profits “a windfall of war.” He said oil companies that don't demonstrate reinvestment in production would be subject to increased taxes and additional restrictions, pending congressional approval. 

"Oil companies do not set prices, global commodity markets do, and increasing taxes on American energy discourages investment in new production, which is the exact opposite of what is needed," said API President and CEO Mike Sommers. "American families and businesses are looking to lawmakers for solutions, not campaign rhetoric.”

Analysis of a windfall profits tax established in 1980 found that it decreased domestic energy production and increased reliance on imported oil. According to the Congressional Research Service, the tax reduced domestic production by as much as eight percent from 1980 to 1988. It was repealed in part because “it made the United States more dependent on foreign oil.” 

Ground was broken this week by Minot Public Schools to celebrate construction and renovation work on Minot North High School and the Minot Area Workforce Academy.

The future site of both facilities is 2100 21st Ave NW. The new high school is scheduled to open in August 2024.

“This is a huge step to an even better learning environment for our high school students," said Superintendent Mark Vollmer. "Developing relationships with teachers, counselors, coaches, and staff that continue for all four years of their high school career will provide long term rewards to our students."

In December of 2021, Minot voters overwhelmingly passed a $109 million bond referendum for two comprehensive 9-12 grade high schools and a third middle school. The project includes improvements and remodeling at Magic City Campus to a comprehensive 9-12 high school building including science classrooms, career and technical education space, an additional gymnasium, competition swimming pool and improvements to Central Campus from its current 9-12 grade configuration to a comprehensive 6-8 grade middle school. The workforce academy will offer career and technical opportunities for both high school students and members of the community. 

“The Minot Area Workforce Academy, in conjunction with local community partners, will provide training access to fill those workforce needs that we have,” said Pam Stroklund, CTE Director with the Minot Area Workforce Academy.

Demolition and groundwork have begun for the new gymnasium. Evaluation of the science areas is currently being completed with design work to continue over the school year.

The Center for the American Experiment is planning to purchase radio ads and place billboards around North Dakota urging the public to support the oil and gas industry and celebrate its contribution to the nation's economy.

"It is not enough to grumble at the skyrocketing costs of energy and take note of the inherent unreliability and unacceptability of wind and solar energy, "wrote John Hinderaker, the center's president in an article on PowerLine Blog. "We need to affirmatively champion the life-saving virtues of fossil fuels." 

Hinderaker notes in his blog post that fossil fuels have done more for humanity than virtually anything else.

"The transition from horses, donkeys and carts to the modern world is essentially the transition from wind and solar energy to fossil fuels," Hinderaker wrote. "Our entire civilization, the fact that we live mostly by our wits rather than through back-breaking, soul-killing, and horrifically unproductive labor, is due mainly to fossil fuels."

He laments the fact that even though oil, gas and coal companies deliver essential energy, they "seem almost embarrassed to admit it."

"The oil companies pretend to be energy firms, and boast of their money-sucking ventures into inept 'green' energy," Hinderaker wrote. "If the oil companies, among the greatest forces for good in human history, will not stand up for themselves and remind the rest of us of their immense contributions, who will?"

American Experiment North Dakota has produced this video, suitable for television at 30 seconds in length. Anyone interested in supporting American Experiment North Dakota’s efforts "to bring sanity to discussions of energy issues," can donate here.

MDU Resources Group, which announced in August its intent to separate its construction materials subsidiary, Knife River Corporation, into a stand-alone publicly traded company, is now considering the same move for another of its subsidiaries.

As the next step in its strategic planning effort, the board of directors believes the best way to optimize value to shareholders would be to create two pure-play companies: a leading construction materials company and a pure-play regulated energy delivery company. The board voted to authorize management to begin a strategic review process for MDU Construction Services Group (CSG) with the objective of achieving the board's goal of creating two pure-play public companies.

CSG has numerous operations throughout the United States that provide a variety of service ranging from construction of powerlines and substations, installing infrastructure to bring electricity to data centers, hospitals, commercial buildings, universities and research facilities, and design and installation of heating, cooling, plumbing and fire suppression systems. Knife River also has operations throughout the United States, supplying aggregate materials, concrete and asphalt, and road, bridge and airport construction. 

Senator John Hoeven hosted a meeting this week between officials from the US Department of Interior and North Dakota coal and power producers to urge approval of a new federal plan for development of the Center Mine.

The mine, operated by BNI Energy, supplies coal to the adjacent Milton R. Young Station, a 700-megawatt power plant operated by Minnkota Power Cooperative. The new mine plan is needed to provide certainty for the plant's continued operations. Without approval, BNI would incur significant costs to implement contingency plans for developing other portions of the mine, resulting in higher electricity prices across the region. The required environmental assessment for the federal mine plan has been underway for 16 months.

During the meeting, Hoeven stressed the need to prevent further energy price increases on American consumers and outlined the importance of maintaining the affordability and reliability of the grid.

“We flew back to D.C. to convene this meeting with DOI, because the approval for BNI’s new mine plan is on a tight timeline," Hoeven said. "If DOI fails to approve the plan, it will cost the company and electricity ratepayers millions of dollars at a time when we are already fighting record-high inflation."

He said the new mine plan will help ensure BNI and Minnkota’s operations remain cost effective and prevent price increases, while supporting efforts to advance Project Tundra, a CO2 capture and storage project at Young Station.

Warm and dry conditions across the Northern Plains the past several weeks have led to “flash drought” conditions that expanded throughout the state of North Dakota.

Unlike slow-evolving drought which is caused by a decline in precipitation, flash drought occurs when low precipitation is accompanied by abnormally high temperatures, high winds, and/or changes in solar radiation.

Severe drought conditions now cover counties along the state's western border and all of southeastern North Dakota. According to the US Drought Monitor, 40 percent of the state now falls into the severe drought category, more than twice the area covered in last week's report. About half the state is experiencing moderate drought, and the remainder is considered abnormally dry. Temperatures were well above normal over the Northern Plains last week, and it was dry and windy as well, creating the flash drought conditions.

"Warm, dry and windy conditions have provided ideal harvest conditions, but have started taking a toll on the region," wrote Hydrologist Brian Fuchs in the weekly drought monitor report. 

Bismarck set back-to-back high temperature records this week. On November 1, the temp hit 74°F, breaking the old record of 73°F set way back in 1887. Minot tied its record high of 73°F that was set in 1983. Bismarck reached 77°F the following day, breaking the previous record of 75°F set back in 1978. 

The ND Department of Transportation kicked off its second annual Name-A-Plow Contest this week, inviting North Dakotans to submit name ideas for a snowplow in their home district.

The campaign is aimed at attracting attention to the importance of winter driving safety.

“Asking North Dakotans to submit snowplow names is a fun way to get the public interested and engaged in being safe this winter,” said Brad Darr, NDDOT Maintenance Director. “After last year's success, we are excited to partner with the public to name our plows and promote safe driving this winter season.”

Darr said making an effort to “know before you go” will help keep snowplow operators and other motorists safe this winter. Winners will be selected shortly after the November 27 deadline and contest winners will have an opportunity to meet the plow operators and have their photo taken with the plow. 

“Last year more than 850 names were submitted from every district across the state,” said Darr. “We had some great names to choose from and are excited to see what new names are submitted this year.”

Names submitted should be appropriate and under 15 characters. No repeat names from last year will be accepted because plow names from last year will remain in place. 2021 NDDOT Name-A-Plow Contest winners were:

• Bismarck District: Darth Blader
• Devils Lake District: Blizzard Wizard
• Dickinson District: Plowasaurus Rex
• Fargo District: Below Zero Hero
• Grand Forks District: Storming Norman
• Minot District: Truck Norris
• Valley City District: Orange Thunder
• Williston District: Plowzilla

Click here to submit an entry.