The Lignite Energy Council has issued a plea to the board of the Midcontinent Independent System Operator (MISO) to speak out against the onslaught of proposed EPA regulations aimed a shutting down coal plants in the United States.

MISO, which operates the transmission grid in 15 states including parts of the Dakotas and Minnesota, recently held a board meeting in Madison, WI to discuss power resource adequacy. Jonathan Fortner, who represents the Lignite Energy Council on MISO's advisory committee, said there was a lot of discussion about demand response, battery storage and transmission planning, but little talk about the reliability threat posed by EPA regulations that could lead to the premature retirement of baseload coal-fired generation.

Click here to listen to Fortner's comments.

Fortner described the challenge confronting the lignite industry from the onslaught of newly-proposed EPA rules. He told the board about plans in North Dakota by Minnkota Power Cooperative and Rainbow Energy to install carbon dioxide capture equipment on coal-fired power plants. He said he was disappointed that board members "were looking at me like I was speaking a foreign language." Fortner said technology provides the opportunity to capture CO2 emissions, and North Dakota geology provides ample storage for billions of tons of it, but told the board the projects may not happen if MISO and others don't push back against the EPA.

Click here to listen to Fortner's comments.

Fortner said MISO planning does not take into account abrupt retirements that are happening in the 15-state region due to a lack of adequate price signals and continued pressure from the EPA. He pointed out that North Dakota lignite plants are the backbone of the MISO North Region which includes multiple high voltage transmission lines that export around 50 percent of the state's electricity generation. He stressed that MISO needs to be more active in formal communication in opposition to EPA proposals because of their threat to grid reliability. 

North Dakota Senator John Hoeven and Montana Senator Steve Daines sent a strongly-worded letter to the Environmental Protection Agency this week, demanding the EPA withdraw its proposed rule on Mercury and Air Toxic Standards (MATS).

"EPA’s proposed rule will threaten grid reliability and drive up electricity costs by replacing the existing cost-effective standards on coal-fired power plants, and we request that the proposed rule be withdrawn," wrote the senators.

The letter points out the proposed rule comes on top of a similar rule in 2012 that contributed to the closure of many coal-fired power plants before the Supreme Court remanded the case to the lower court in 2015, effectively blocking the rule. The decision centered on the fact that the EPA had not sufficiently considered the potential costs of the regulation. However, by that time, most power plants were forced to either close early or pass along the increased compliance costs to consumers, despite the 2012 rule’s legal deficiencies. The letter says the new proposal again does not sufficiently consider the costs and has dubious legal standing.

"This new proposal would replace the existing standards, which the EPA has already found to protect human health and safety following an eight-year technology review that was completed in 2020," the letter reads. "The EPA’s risk analysis of air toxins demonstrated that air toxics from power plants are already at an acceptable level, and notably, the EPA declined to reverse this finding in this new proposed rule."

"Given this tacit validation of the safety and effectiveness of current standards, it does not make sense for the EPA to target coal-fired power plants that are in compliance with existing standards with unnecessary new regulations," the letter continued.

The senators point out the rule threatens to shut down existing coal plants comes at a time when grid regulators, including members of the Federal Energy Regulatory Commission and the North American Electric Reliability Corporation, are issuing warnings about grid instability.

"The EPA’s proposed rule will only increase the danger of power outages across the county by removing critical generating capacity," the senators wrote.

The letter also criticizes the EPA for its elimination of the lignite subcategory, thereby imposing unachievable emission reduction standards on lignite-fired power plants in North Dakota and Gulf Coast states.

"It is concerning that EPA’s proposed rule fails to account for the chemistry difference between coal types and their utilization," the letter says. "Imposing an unworkable, one-size-fits-all mandate would disproportionately impact mine-mouth power generation facilities, including those in North Dakota that rely solely on fuel sourced from nearby lignite mines.

Click here to read the letter.

Gov. Doug Burgum and First Lady Kathryn Burgum kicked off this week's Strengthening Government to Government Partnerships and Relationships Conference this week, outlining progress made during the recent legislative session and beyond through collaboration between the state and the five sovereign tribal nations with whom North Dakota shares geography.

More than 400 people registered for the two-day conference, including tribal leaders and elders, state agency leaders and staff, statewide elected officials, local leaders, federal officials and legislators. The North Dakota Indian Affairs Commission office, led by Executive Director Nathan Davis, organized the conference at the Bismarck Event Center.

Burgum said North Dakota is fortunate that it's small and nimble enough that no challenge seems insurmountable when its people work together.

Click here to listen to Burgum's comments.

Burgum designated tribal engagement as one of his administration’s five strategic initiatives shortly after taking office in 2016. He cited several bills enacted by the 2023 Legislature that benefit Native American communities including:

• Allowing the State Water Commission to directly enter into agreements with tribal nations for a cost-share program that provides state funding for water development projects, including water supplies, flood protection and other general water management efforts, rather than having to go through an eligible non-tribal partner.
• Allowing each tribal nation to enter into a tax-sharing agreement with the state on alcoholic beverages sold at the retail and wholesale levels within their respective reservations. Tribal nations that adopt the alcohol tax will keep 80% of the tax revenue, while the state’s general fund will receive 20%.
• Doubling the Native American scholarship to nearly $1 million, and grants to tribally controlled community colleges were increased to $1.4 million through legislation.

Additional legislation will support recovery services, including grants for 10-bed inpatient behavioral health services in Dickinson and Williston, expansion of the Recovery Housing Program and Community Connect program, and $15 million to fully fund the Free Through Recovery program designed to increase recovery support services for individuals involved with the criminal justice system.

Lt. Gov. Tammy Miller also moderated a panel with students on empowering youth. Other conference topics included workforce, economic development, education, broadband access and supporting Native American artists, entrepreneurs and small business owners.

The chairman of the Mandan, Hidatsa and Arikara Nation said the tribe made a deliberate decision to develop oil and gas reserves on the Ft. Berthold Reservation, and has used its royalties and tax revenue to improve the lives of tribal members.

Speaking this week at the Strengthening Government to Government Partnerships and Relationships Conference in Bismarck, MHA Chairman Mark Fox said other tribes around the country may not understand or agree with MHA's decision to support petroleum development. But he said he believes oil and gas resources should be considered in the same way people look at other natural resources, and develop them for the benefit of their society.

Click here to listen to Fox's comments.

Fox went on to describe investments the MHA Nation has made on the reservation and elsewhere. He talked about plans to develop a new hotel and expand the Four Bears Casino to capitalize on tourism; the existing adjacent water park with plans in the works to add a riverboat and family entertainment center; construction of the MHA Interpretive Center, a new law and justice center and child safety center. Fox also pointed to construction of the Good Road Recovery Center in Bismarck, which provides behavioral health services to Native Americans.

He said in the first days of his chairmanship, he was confronted with a demand to do something about drug and alcohol addiction among tribal members, and became determined to make it happen.

Click here to listen to Fox's comments.

Fox said he sought advice from a tribe in Arizona that operated one of the most successful treatment centers for Native Americans. He built upon their experience, but said he heard criticism for making the investment to develop the drug and alcohol treatment center.

Click here to listen to Fox's comments.

Fox praised Governor Doug Burgum for his engagement with tribal nations in North Dakota, and said he believes Burgum spends more time with tribal governments than any governor in the country. He added that while it was a difficult decision, he intends to support Burgum's presidential campaign.

Fox concluded his remarks presenting gifts to the governor's office -- a hand-beaded brooch for the First Lady, a sacred eagle feather for the Governor, and presented a star quilt to Lt. Governor Tammy Miller. He said Miller plans to be on hand for the grand opening of MHA's new tribal headquarters, which he said is "our new Capitol."

First Lady Kathryn Helgaas-Burgum, who has made it her personal mission to end the shame and stigma associated with drug and alcohol addiction, shared her story of hope at this week's Strengthening Government to Government Partnerships and Relationships Conference.

The event, organized by the ND Indian Affairs Commission, featured presentations from tribal leaders throughout the state. Burgum said there were 110,000 overdose deaths in the United States last year, and described addiction as "an epidemic that is killing more people in a way we've never seen in our history." She said Native Americans are the population most adversely affected.

Burgum said statistics that show 13 percent of the Native population needs substance abuse treatment, but only three percent actually receive it. The shame of seeking help for addiction is one reason, she said, but there also aren't enough culturally-based treatment options available to Native Americans. However, Burgum said more treatment centers are being built on reservations and elsewhere in North Dakota, and other assistance is being provided.

Click here to listen to Burgum's comments.

Burgum shared with the audience the story of her own personal struggle with addiction. She said she had her first blackout from drinking while still in high school, "a blackout drinker from the beginning," and continued to struggle with addiction for more than two decades.

Click here to listen to Burgum's comments.

Burgum said she continued to feel hopeless, but one day while out for a walk she said to herself, "why don't you just ask for help?" She said she didn't have a lot of faith, but thought it was worth a try, so she put her thoughts into words and action.

Click here to listen to Burgum's comments.

Burgum said sharing her story has opened doors to meeting and partnering with people who are making significant progress in North Dakota communities and across the nation in eliminating the shame and stigma of addiction. She said she was grateful for the friendships she's made among tribal members, who are working hard to make a difference in their communities by expanding services to those struggling with behavioral health issues.

"That's really what I think it's all about. In the end, that's the most important way to bring about change and improve the lives of everyone," Burgum said. "People helping people."

Burgum was instrumental in establishing Recovery Reinvented, an annual conference to address behavioral health issues. This year it is scheduled to be held October 5 at Minot State University. Click here to learn more.

Vision West ND’s 3rd Summit on Behavioral Health in Energy Country, held this week in Dickinson, provided a platform for professionals from various backgrounds to exchange ideas and best practices, with the ultimate goal of fostering positive change.

Attendees included industry leaders, mental health experts, researchers, policymakers, and community representatives, each bringing their unique perspectives to the table. Approximately 170 people attended the event, as well as 35 vendors from throughout the state who offered their resources and expertise. 

Former state senator Erin Oban, now USDA Rural Development director, served as emcee for the event. Oban, a dedicated mental health advocate, guided attendees through the various sessions, ensuring a smooth flow of information and engaging discussions. Her passion for destigmatizing mental health resonated strongly with the audience, as she skillfully connected the diverse perspectives shared by other speakers and participants.

Kat Perkins opened the Summit with her “Fearless Living” presentation. Pam Sagness, Director of the Behavioral Health Division of the ND Department of Health and Human Services, recapped the results of the 2023 Legislature's actions on behavioral health. Sagness asked attendees to reach out to legislators to educate them on the state’s behavioral health shortcomings. 

Throughout the event, numerous workshops and panel discussions delved into critical topics such as stress management, burnout prevention, access to mental health resources, support for addiction, and strategies for building resilient energy communities. Participants actively engaged in the sessions, sharing personal experiences, success stories, and valuable insights. Collaborative efforts were emphasized, fostering a sense of unity and comradery in transforming the behavioral health landscape in western North Dakota, where resources are limited. Youth and issues related to mental health among that population, especially depression and suicide, were highlighted.

The summit also provided a platform to spotlight innovative solutions and initiatives. Janelle Stoneking showcased her groundbreaking approaches to promoting mental health and well-being in school-aged children. From lock-in programs to community outreach, the initiatives demonstrate the profound impact that can be achieved when individuals and organizations come together.

Dan Kelly, retired McKenzie Health CEO, is Vision West ND’s behavioral health committee chair.

“As we look to the future, it is our collective responsibility to foster an environment that prioritizes mental health and well-being," Kelly said. "By doing so, we not only support the individuals working in the energy sector, but we also strengthen our communities and ensure a brighter, healthier future for all.” 

Plans to build upon the outcomes of this year’s summit have already started for next year. 

Construction crews are working to replace a six-foot diameter culvert on Highway 85, forcing a detour that re-routes traffic to Highway 22 north of Dickinson.

Rob Rayhorn, Dickinson Region Engineer for the ND Department of Transportation, said crews discovered that the culvert, about 29 miles north of Belfield or just south of the Highway 200 junction, had failed following a heavy spring rain event.

"Our guys on their normal runs saw some settlement on the in-slope of the road and investigated it further and found the pipe was failing," Rayhorn said. "A heavy rain bent the inlet side of the pipe up, and once that happened water started flowing around the pipe, it just couldn't get in the pipe directly and that started causing some voids underneath the roadbed."

Rayhorn said there was about 30 feet of fill over the culvert "so there was a pretty good soil bridge above the voids," which gave NDDOT a little time to come up with a solution. He said they were able to keep the road open for a couple weeks, placing concrete barriers on the side of the road to protect the traveling public from the drop offs.

"But it kept progressing, and so while we had those barriers up, we still felt it was safe enough to travel over, but started lining up the repair work," he said.

Rayhorn said Road Closed signs were set up on the site as a precaution in case the road surface sunk or collapsed, but were kept covered until construction work began. He said the 1960s-era six-foot diameter corrugated steel culvert that failed is being replaced with six-foot diameter concrete pipe, which he said wasn't immediately available, so they had to have it made. The pipe comes in eight-foot sections, and will span 182 feet under the roadway when the segments are connected.

Highway 85 is the main road connecting Interstate 94 to Watford City in the heart of the oil patch, one of the busiest two-lane highways in the state, so Rayhorn said crews are working as quickly as possible. The detour means the traveling public can expect to see a lot additional heavy truck traffic on Highway 22 north of Dickinson.

The total cost of the repair work, barriers and signage will be about $900,000, Rayhorn said. Crews expect to complete the work and have the road open by the Fourth of July.

The Bureau of Land Management Montana/Dakotas State Office today opened a 30-day public scoping period to receive public input on 35 oil and gas parcels totaling 10,463 acres that may be included in an upcoming lease sale in North Dakota. 

The parcels the BLM is analyzing, as well as maps and instructions on how to comment, are available on the BLM’s ePlanning website. As authorized under the Inflation Reduction Act, BLM will apply a 16.67% royalty rate for any new leases from the sale. More information about the law is available in BLM's online fact sheet.  

Leasing is the first step in the process to develop federal oil and gas resources. Before development operations can begin, an operator must submit an application for a permit to drill detailing development plans. The BLM reviews applications for permits to drill, posts them for public review, conducts an environmental analysis and coordinates with state partners and stakeholders.  

All parcels leased as part of an oil and gas lease sale include stipulations to protect natural resources. Information on current and upcoming BLM lease sales is available through the National Fluid Lease Sale System.  

The comment period ends July 24. 

Senator John Hoeven recently helped introduce the Pay Less at the Pump Act, legislation sponsored by Wyoming Senator John Barrasso to lower energy prices for American families by repealing the $10.5 billion “Superfund Tax” on American energy production.

The long-expired tax on crude oil and imported petroleum products was reinstated in the Democrats’ reckless tax and spend bill, Hoeven said, raising from 9.7 cents per barrel to 16.4 cents per barrel. Reinstating the tax not only leads to higher prices for families and businesses today, but it was also indexed to inflation, which will result in an even higher tax burden in future years, he said.

“The cost of energy is built into the price of every good and service that we consume, so by reinstating and increasing a decades-old tax on crude oil, the Biden administration and Congressional Democrats are directly causing higher inflation for every American home and business,” said Hoeven. “Repealing this costly Superfund Tax is one important step we can take to push back on President Biden’s harmful agenda, support American energy security and help bring down prices at the pump.”

“Across the country, Americans are feeling the pain every time they go to fill up their gas tanks,” said Barrasso. “Reckless and out-of-touch taxes like this make already skyrocketing energy costs even higher, at a time when Americans can least afford it. We must repeal this tax and put forward proposals that unleash American energy and lower costs for Wyoming families.”

In addition to Hoeven and Barrasso, the legislation is cosponsored by Senators John Thune, Cynthia Lummis, Marsha Blackburn, James Lankford, Jim Risch, Mike Lee and Tim Scott. Congressman Mike Carey introduced companion legislation in the U.S. House of Representatives.

Click here to read the full text of the legislation.

Senator Kevin Cramer used a recent Senate Environment and Public Works Committee hearing to discuss the legal actions of federal agencies, focusing on those he believes are overstepping their authority.

During the hearing, Cramer questioned Federal Highway Administrator Shailen Bhatt on the agency's Greenhouse Gas Emissions Performance Measure Notice of Proposed Rulemaking. The agency announced last July the requirement of state departments of transportation and metropolitan planning organizations to establish declining carbon dioxide targets and a method of measurement and reporting emissions without receiving any additional authority from Congress. 

During his questioning, Cramer called attention to both the West Virginia vs. EPA and the Clean Water Act cases in which the Supreme Court decided that federal agencies had acted outside of their expressly granted authority.

Click here to listen to Cramer's comments. 

Additionally, Cramer illustrated the impracticality of the rule's application across a country as diverse as the United States, particularly for rural states like North Dakota. 

Click here to listen to Cramer's comments. 

Cramer concluded by stating that allowing such general authorities at the administrative level during one administration's term could be found objectionable should the next administration "be of a different persuasion."

View the full five-minute video here.

Construction has begun on Pioneer Generation Station Phase IV, Basin Electric Power Cooperative’s newest natural gas-fired generation project near the existing Pioneer Generation Station northwest of Williston.

Trenching and backfilling for underground piping and electrical work is currently taking place, a necessary step before work on the project’s concrete foundation can begin. 
Works is also underway on the combustion turbine generator area pile cap and grade beam concrete, which are part of the turbine generator's building foundation. Underground electrical duct bank and mechanical piping installation is occurring as well.

“The major objective is to get the buildings erected before winter so work can continue indoors throughout the winter,” said Darrell Slavick, Basin Electric’s North Dakota field coordinator.

Once complete, the natural gas turbine will generate about 600 megawatts of electricity. The new natural gas-fueled generation will be a combination of combustion turbine and reciprocating engine units to provide dispatch flexibility while addressing near-term load growth and long-term grid stability in the Bakken region.

Snow removal and earthwork began March 22 and was focused in the area where the combustion turbine and generator will be located.

"As they move dirt, they dig what they call a 'bathtub,' which is typically down as far as where the bottom of piping will be located and the bottom of the foundation. Then they work their way back up with gravel," Slavick said.

Slavick said safety is the main focus throughout the project with nearly 200 contractors currently working on the site.

The first thing people think of when they hear the word "congestion" is difficulty breathing, but it also applies to the energy industry when electric transmission lines get plugged up because there is inadequate capacity to move power freely.

Officials of Basin Electric posted a detailed explanation of the growing problem this week on the wholesale power cooperative's website.

"Simply put, congestion is the result of limited transmission,” said Alycia Kramer, Basin Electric supervisor of market analytics and strategy. “As more generation and load gets added to the power grid, the transmission system is running out of spare capacity, creating congestion.”

While congestion has always been present on the grid, it has become a bigger problem over the past five to 10 years as additional generation and load have come online. The buildout of wind and other generation projects, along with the addition of load, has been using up the existing margin on the grid, Basin explained. Insufficient transmission has been added as more generation and load is added to move the electricity to where it needs to go.

One example of “positive congestion” in Basin Electric’s service area is the Bakken region in North Dakota.

“The Bakken is a high load area that is transmission-constrained,” said Valerie Weigel, Basin Electric vice president of Asset Management and Commodity Strategy. “This leads to increased market prices for our generation and load in that area. The increased prices provide an incentive for extra generation to be produced in this area.” 

On the flip side, Weigel said Basin typically sees “negative congestion” in the area of Laramie River Station, a coal-based generation facility near Wheatland, Wyoming.

“This area is also transmission-constrained and does not have enough transmission to move out all the generation,” she said. “The negative congestion provides lower prices to the generation and load in the area that incentivizes generation to back down in this area to maintain system operating limits.”

Jeremy Severson, Basin Electric vice president of Transmission, said the cooperative is doing its part to help fix the problem and is on track to energize nearly 350 miles of high-voltage transmission line in western North Dakota by the end of 2027. The projects, summarized in a previous WDEA newsletter article, are being constructed to address concerns with future reliability, additional load service, and alleviation of economic congestion.

Gov. Doug Burgum has appointed former McKenzie County State's Attorney Charles “Chas” Neff Jr. to a judgeship in the Northwest Judicial District.

Neff has served as a staff attorney for the Northwest Judicial District Court since May 2020, assisting judges with research and drafting orders and opinions on a variety of topics including criminal motions, oil and gas matters, administrative appeals and complex civil pre-trial motions, in addition to providing trial assistance. He was McKenzie County state’s attorney in Watford City in 2017 and 2018 and an assistant state’s attorney from 2014 to 2017, prosecuting over 3,000 criminal cases, 23 jury trials, and advising the county commission on legal matters.

Neff also spent seven years as a reference staff attorney and consultant for the legal research platform Westlaw at Thomson Reuters in Eagan, MN, and worked for the Permanent Observer Mission of the Holy See to the United Nations during the 61st General Assembly.  He was born and raised in central Minnesota, and is a graduate of Shanley High School in Fargo and Cardinal Muench High School Seminary. He earned his bachelor’s degree in mass communications from NDSU and his law degree in 2006 from the University of St. Thomas School of Law in the Twin Cities. 

Neff is a member of the Upper Missouri Bar Association and the Long X Arts Foundation and has officiated several sports at the high school and collegiate levels. He will fill the Williston-based judicial vacancy created by the retirement of Judge Paul W. Jacobson.

Sixty elementary, middle, and high school teachers switched roles last week as they became students at an educational seminar conducted by the Lignite Energy Council.

The seminar was held June 12-15 at the National Energy Center of Excellence on the Bismarck State College campus. The seminar, titled "2023 Lignite Education Seminar: Energy, Economics, and Environment," provided teachers with the information and educational materials they need to teach their students how lignite is mined and used to produce energy for homes, farms and businesses in the Upper Midwest. The seminar covered lignite's economic impact on the region, as well as important environmental issues affecting the lignite industry.

Retha Mattern, LEC director of education and membership, said the seminar’s popularity with teachers stems from the variety of presenters and tours of the lignite mines and power plants. The LEC also pays for two graduate-level professional development credits for teachers who attend and complete a lesson plan. 

The seminar provides instruction on history, geology, land reclamation, environmental protection, and economics of the lignite industry, the need for more workers, energy conservation and transmission. Besides the classroom instruction and the tours, teachers will take home handouts, videos, coal samples and activities that can be used in the classroom. As part of the seminar, the teachers toured BNI Coal’s Center Mine, Minnkota Power Cooperative’s Milton R. Young Station, the Falkirk Mining Company’s Falkirk Mine, and Rainbow Energy Center’s Coal Creek Station. 

Since 1986, more than 3,900 teachers have attended the LEC seminar.

Some hefty thunderstorms in western North Dakota this week provided Wise Roads cameras a chance to capture some interesting weather phenomena, as well as a couple shots of daily life in the Bakken. Images from Wise Roads cameras are updated continuously throughout the daylight hours on the Wise Roads web page.

The Wise Roads project (Weather Information System to Effectively Reduce Oilfield Delays and Disruptions) was developed by WDEA to increase the efficiency of the movement of oilfield truck traffic. Most weather stations were placed in the core area of Bakken production, focusing on Dunn, McKenzie, Mountrail and Williams Counties. The project provides more accurate weather information to county road managers, especially about rain events, to minimize the need to impose weight restrictions when gravel roads get wet. It was developed in partnership with NDAWN, which maintains the stations for WDEA. The project was also assisted with a $250,000 grant from the Oil & Gas Research Council.

Thus far, 49 new stations have been installed, 39 of which are located in the four core counties. Prior to the start of the project, Dunn and McKenzie Counties had just one station each, Mountrail County had three and Williams County had four. Weather station data and high-resolution photos can be found at wiseroadsnd.com. Additional information is also available from NDAWN. 

Featured shots this week are clockwise from upper left, the new NDAWN Davis Dam site in Slope County with a view of a "mothership" supercell, Grenora 8N with a shot of a distant rainbow, Alexander with approaching farm machinery, and Antelope Creek with a late evening view of an active drilling rig. Click on the link for a high-resolution image.