Afforded the opportunity to comment on the Corps of Engineers' draft Environmental Impact Statement on the Dakota Access Pipeline's easement for crossing the Missouri River south of Bismarck, the State of North Dakota unleashed targeted comments totaling 210 pages in length.

The Corps’ draft EIS includes five alternatives for the pipeline’s future operation. State officials say three of the alternatives would force a shutdown of the pipeline. 

In a cover letter signed by Governor Doug Burgum, the state urged the Corps to reinstate the easement previously issued for the 30-inch crude oil pipeline, and "follow the law, facts, science and common sense and put an end to this prolonged, unnecessary and highly politicized process."

"Of the more than 18,000 water crossings in the United States, it is absurd that the Corps continues to fixate on one of the most modern crossings in the country," the cover letter read.

The state's comments highlighted the extensive siting review of the ND Public Service Commission, which granted a construction permit that considered whether the facility produced minimal adverse effects on the environment, while ensuring that energy needs are met.

"With respect to the chosen Lake Oahe crossing, the Commission heavily evaluated the route and considered its location relative to existing utility lines and pipelines," the comments emphasize. "To minimize disruptive construction and enhance efficient operation, the approved route was based upon the opportunity to locate DAPL in proximity to existing infrastructure, minimize safety concerns, avoid environmentally sensitive areas, avoid indigenous and federally owned lands and other high consequence areas as defined by the federal Pipeline and Hazardous Materials Safety Administration and state law."

The comments also point out that pipelines are far and away the best method to transport crude oil, and that forcing DAPL to shut down would increase environmental and safety risks.

"The safest, most environmentally friendly, most efficient, most effective, and most reliable method of transporting crude oil from North Dakota to out-of-state refining facilities is through the existing pipeline infrastructure that has operated under Lake Oahe without incident for more than six years, and maintaining this effective status quo is therefore the optimal path forward," the comments state. "DAPL transports over 50% of the crude oil produced in North Dakota. Any reduction in available pipeline capacity will increase risk and the cost of transporting North Dakota crude oil to refining facilities."

Click here to read or download the state's comments.

ND Superintendent of Schools Kirsten Baesler says a possible shutdown of the Dakota Access Pipeline would cause “extensive harm” to the state’s public schools by reducing oil tax revenues that they rely upon.

In comments submitted on the Corps of Engineers draft Environmental Impact Statement on the Dakota Access Pipeline's Missouri River crossing south of Bismarck, Baesler noted that oil tax revenues make up a substantial chunk of the state aid that North Dakota provides to its K-12 schools.

A pipeline shutdown would reduce those revenues and cause “extensive, immediate, and irreparable harm … to more than 130,000 North Dakota public and nonpublic school students and their families, as well as the teachers, administrators and school staff who support them,” Baesler said.

The 2023 Legislature agreed to spend $2.38 billion in state aid to education over two years, the superintendent said. About $1.7 billion will be from the state’s general fund, which is reliant on oil and gas taxes. The state’s Common Schools Trust Fund ($500 million) and its Foundation Aid Stabilization Fund ($157 million) also contribute substantial amounts. Both funds depend on oil and gas production for large chunks of revenue.

“So, a potential shutdown of the Dakota Access Pipeline would greatly disrupt state aid to local K-12 schools,” Baesler said. “It would reduce state revenues available to provide instruction to public school students. It would hamstring initiatives to increase the pay of our classroom teachers, and to relieve our shortages of both teachers and school administrators.”

A shutdown “would damage our efforts to support students with special needs,” Baesler continued. “It will shift the responsibility for supporting local schools away from the state, which now provides more than 70 percent of local education expenditures, to local property taxpayers. This would lead to further inequities of access and opportunities for our students of color and special needs.”

A federal judge has ruled that the U.S. government must stand trial to defend itself against actions of the Corps of Engineers that led to the violent protests against the Dakota Access Pipeline in the Bismarck-Mandan and Morton County area in 2016-17.

Judge Daniel Traynor rejected the United States’ argument that the Court lacks subject matter jurisdiction because the U.S. did not owe North Dakota a duty under the state's tort law. The state is seeking to recoup $38 million in law enforcement costs and expenses relating to clean-up at the campsite that at one time was occupied by as many as 10,000 protesters.

The judge noted the Corps discussed issuing a permit with the Standing Rock Sioux Tribe after people began gathering on land controlled by Corps to protest the pipeline. Traynor pointed out the Corps issued a news release indicating it had issued a permit and sent a letter to the tribe indicating it had established a "free speech zone" where protesters could gather, but the permit was never issued. 

"The Court has repeatedly concluded, the damages in this case flow directly from the Corps’ failure to follow the permitting process” and concluded that “the Corps had a non-discretionary duty to follow its permitting procedures as a matter of law. It failed to do so. This is undisputed.”

Judge Traynor rejected the DOJ's argument that the Corps actions were not a direct cause of North Dakota’s emergency response cost damages, ruling that the issue was inappropriate for summary judgment and would be decided at trial. 

“Indeed, reading the facts in the light most favorable to North Dakota on this issue, a reasonable fact finder could conclude the Corps actively encouraged and invited the protestors onto its land thereby encouraging the destructive behavior at issue in this case," Judge Traynor wrote. "But that is a question for resolution at trial, not summary judgment.”

The case is currently scheduled for a 12-to-13-day bench trial in federal district court in mid-February.

Click here to read the judge's order.

The U.S. Department of Energy announced this week that it has awarded Project Tundra a grant of up to $350 million from its Carbon Capture Demonstration Projects Program that was funded as part of the Bipartisan Infrastructure Law.

The project is being developed by Minnkota Power Cooperative, TC Energy, Mitsubishi Heavy Industries and Kiewit and its affiliates. Project Tundra is designed to capture up to 4 million metric tons of carbon dioxide annually from Milton R. Young Station near Center. The captured CO2 will be permanently stored in saline geologic formations beneath and surrounding the coal-fired power plant. The project can store up to 222 million metric tons of CO2 in two permitted CO2 storage facility, which are the largest in the United States.

“We’re grateful that the Department of Energy recognizes the importance of developing carbon capture systems and is positioning the United States to be a leader in the advancement of this critical clean energy technology,” said Mac McLennan, Minnkota president and CEO. “Innovation is our path forward through the energy transition. Project Tundra has the potential to help pave the way toward a future where electric grid reliability and environmental stewardship go hand in hand.”

Project Tundra is currently in its final development phase. The completion of advanced engineering and design work on the carbon capture facility is scheduled for the spring of 2024. A final decision on whether to move forward with the project is expected in mid-2024.

Gov. Doug Burgum applauded news of the DOE grant for Project Tundra, which has also benefited from state financial assistance. The North Dakota Industrial Commission approved a $150 million loan for the project in July through the state’s Clean Sustainable Energy Authority, which is in addition to a similar $100 million CSEA loan approved by the Industrial Commission in 2022. The NDIC also previously approved $15 million from the state’s Lignite Research Fund to help pay for front-end engineering and design for the CO2 capture project.

“The technology being developed for Minnkota’s project has the potential to be a game-changer for our state, the nation and the world by curbing emissions and ensuring that the reliable, affordable energy we’ve come to expect from coal continues to keep the lights on,” Burgum said. “We’re grateful to the Department of Energy and North Dakota’s congressional delegation for supporting this promising technology, which will benefit consumers, the environment and the coal and oil industries that provide thousands of good-paying jobs and economic development resulting in billions of dollars in tax revenue to our state and local governments.” 

Senators Kevin Cramer and John Hoeven also congratulated Minnkota on the funding awarded to Project Tundra. The senators led the North Dakota delegation in outlining the benefits of the project to the Department of Energy in May of this year.

View the delegation's letter to the DOE here. 

“North Dakota is a global leader in the deployment of carbon capture solutions,” said Senator Cramer. “Congratulations to Minnkota. Once Project Tundra is completed, it will be a major feather in the cap for North Dakota’s innovative energy system, keeping miners on the job while putting clean, reliable electricity on the grid.”

“Project Tundra is a vital component to the future of our coal-fired electric industry. North Dakota has led the way in reducing SOx, NOx and mercury emissions, and now with Project Tundra, we’re leading the technology development of carbon capture and storage on a traditional coal-fired power plant," Hoeven said. "We started working on this in 2008 and are one of only two places in the country that can do it. “This federal investment along with the 45Q tax credit we have put in place will enable Minnkota and its partners to advance this project to help ensure the next generation of coal-fired power is here today and for future generations.” 

Other projects getting the 2021 DOE funding include a CCS system at the Baytown Energy Center natural gas plant in Texas, and one at the Sutter Energy Center gas plant in Yurba City, California.

The board of directors of MISO (Mid-Continent Independent System Operator) has approved the transmission operator's 2023 Transmission Expansion Plan (MTEP23).

MISO manages the electric grid in 15 states and provinces, including parts of North Dakota. The construction plan focuses on MISO’s efforts to ensure reliability as the grid evolves. MTEP23 is the largest in MISO’s history both by volume and investment. The $9 billion in transmission enhancements will fund 572 projects addressing aging infrastructure, new load and added generation due to retiring traditional resources. The projects total more than 700 miles of new or upgraded lines.

“I am extremely proud of the commitment and quality of work my team members and others throughout the organization did to make MTEP23 possible. It took extensive stakeholder processes and significant modeling and analysis over the past year,” said Aubrey Johnson, MISO’s Vice President of System Planning & Competitive Transmission. 

Unlike typical MTEP cycles in which investment is spread across the region, $3.9 billion (or 43% of the total investment) is planned for projects in Louisiana and Texas. This is largely in response to an increase in generation retirements and load associated with economic development.  

The changing resource mix continues to add complexity to both MTEP and long-range transmission planning. In response, MISO planning tools and processes must also evolve to sustain their role as key initiatives of its reliability imperative. 

The ND Industrial Commission has announced a special grant round seeking proposals to promote the state's emerging opportunities in the carbon dioxide capture, storage and re-use industry.

The 2023 Legislature appropriated $300,000 to the Industrial Commission to contract for carbon capture and utilization education and marketing proposals. The funding was split equally among the state's three energy research councils (Oil and Gas, Lignite and Renewable), which will be jointly responsible for reviewing grant applications and making a funding recommendation. 

At a minimum, the education/marketing project must include:

• Public outreach and stakeholder engagement as a component of plan development
• Development of educational materials
• Safety of carbon dioxide transportation and utilization  

The project sponsor will be required to provide regular updates to the Industrial Commission. Projects are also encouraged to provide a non-state match for the grant dollars. 

A special grant round of the Lignite Research, Renewable Energy, and Oil and Gas Research Councils will be scheduled in February 2024, with the date and venue to be announced later. The Industrial Commission will only consider application(s) that receive a positive recommendation from all three research councils, and will act on the recommendations at its February 28, 2024 meeting. 

Applications are due by 5:00 pm on January 31, 2024.

The ND Department of Transportation has been awarded a $55 million grant from the U.S. DOT for the expansion of US Highway 85, also known as the Theodore Roosevelt Expressway, in western North Dakota.

The funding will be used to four-lane about 13 miles of the highway between the LongX Bridge and the junction with Highway 200. The project will not cover the entire stretch south of the bridge, according to NDDOT Director of Planning Chad Orn. He said the project does not include the 6.5 miles immediately south of the bridge. Orn said it also does not include plans for construction of a roundabout at the junction of Hwy 85 and 200 (see map). 

Right-of-way acquisition is expected to start early next year, with utility relocation scheduled from fall 2024 thru fall 2025, Orn said. Bid letting is tentatively planned for the fall of 2025, with construction to occur in 2026 and 2027. Orn said the construction and engineering associated with the grant portion is expected to cost $110 million, half of which is provided by the federal grant. The 2023 Legislature authorized NDDOT to borrow up to $50 million from the Bank of North Dakota to match the federal grant. Orn said a Flexible Transportation Fund created by the 2023 Legislature could also be used for matching grants, as well as funding other road and bridge projects.

The federal grant award was announced jointly last week by North Dakota's Congressional delegation. 

“The Theodore Roosevelt Expressway is the primary north-south roadway in western North Dakota, serving as a vital corridor to help connect our region’s energy and agricultural sectors to other parts of the country,” said Senator John Hoeven. “We worked to advance this critical transportation project, as the existing two-lane highway is narrow and does not meet the needs of travelers and local industry. This project will help reduce traffic delays, saving time and money for the traveling public, while improving safety and supporting the region’s economic growth for years to come.”

"I am especially pleased to see funding from the Infrastructure Investment and Jobs Act come to the Theodore Roosevelt Expressway," said Senator Kevin Cramer. "It is critically important to western North Dakota’s access and participation in interstate commerce. Widening the expressway will increase safety for local residents and travelers and support the efficient transportation of goods through the region."

Members of a legislative Redistricting Committee are considering the next step after a federal judge denied the state's request to extend a December 22 deadline to develop new boundaries for District 9 and District 15.

Judge Peter Welte ruled that the two districts, which encompass portions of the Spirit Lake and Turtle Mountain Indian Reservations, did not comply with the purpose of the Voting Rights Act of 1965, that the map “prevents Native American voters from having an equal opportunity to elect candidates of their choice.” Secretary of State Michael Howe has appealed the ruling, and Legislative Management has petitioned to intervene in the case.

Welte will impose one of two legislative districts maps proposed by tribal plaintiffs, both of which combine the reservations into a single district, if the legislature doesn't come up with a plan by the deadline. The issue is further complicated because the two districts Welte has proposed also affect adjoining Districts 14 and 29, which would force those districts to reorganize. Welte's ruling not to extend the deadline was appealed to the 8th Circuit Court of Appeals, but the court backed Welte's decision.

Legislators were highly critical of the judge's ruling. In the 2021 redistricting process, legislators created a Subdistrict 9A for the Turtle Mountain Band of Chippewa Indians, as well as Subdistrict 4A for the Fort Berthold Reservation. But they opted not to create a subdistrict for Spirit Lake because the 2020 Census numbers didn't justify one.

House Majority Leader Mike Lefor of Dickinson said the December 22 deadline was unrealistic because of the amount of work required to redraw district boundaries. 

Click here to listen to Lefor's comments.

Lefor said drawing new boundaries is highly-detailed work, so it's unlikely the legislature's redistricting committee can meet the deadline.

Click here to listen to Lefor's comments.

The Redistricting Committee has issued a request for proposals from qualified independent consultants to provide legal and advisory services for analysis and application of the Voting Rights Act. The committee is scheduled to meet again December 20.

Click here to watch legislative video of the Redistricting Committee's December 13 meeting. Click here to read an article about the meeting from North Dakota Monitor.

A project to strengthen career preparation for North Dakota youth has received a $1.5 million donation from Marathon Petroleum Corporation (MPC).

The funding will support completion of a regional career and technical education center in Mandan that is intended to serve as a resource for 10 high schools in the west-central region of the state. The facility will offer college dual-credit opportunities and instruction in high-demand occupational fields, including construction, agriculture, health care and welding.

The Heart River Career and Technical Education Center, which will be attached to the new Mandan High School that’s under construction, is scheduled to open in the fall of 2024 with classrooms, laboratories and other learning spaces. The facility will offer instruction that provides hands-on experience in construction, agriculture, manufacturing, health care, welding, culinary arts and other high-demand occupational fields.

“The new center will not only meet the needs of our growing student population, but will also foster creativity and critical thinking, and promote a skilled and capable workforce in the community,” said Mandan Superintendent Mike Bitz. “We are incredibly grateful for this partnership."

Establishing a dedicated facility to serve the west-central region of the state is intended to provide new opportunities for students, educators, adult learners and businesses in the area to collaborate on workforce development.

“This facility will serve as a hub for learning, innovation and engagement, and we are proud to be a part of this exciting endeavor,” said Marathon Mandan Refinery Manager Chris Staats. “We believe that investing in education is an investment in the future."

MPC’s grant adds to initial construction funding that came from a CTE capital projects grant the North Dakota Legislature established in 2021. MPC’s ongoing work with North Dakota tribal-affiliated institutions also resulted in an agreement to provide dual-credit opportunities to students who attend United Tribes Technical College (UTTC) in Bismarck.

“These programs enhance skills to help students develop the confidence needed for college-level coursework,” said UTTC President Leander McDonald. “Dual credit programs like these create educational pathways from high school to post-secondary schools and local employment, which not only benefits students, but also strengthens the overall community.”

Governor Doug Burgum will deliver his 2024 State of the State Address at 10 a.m. MST January 23 at Dickinson State University’s Dorothy Stickney Auditorium.

Burgum and Lt. Gov. Tammy Miller this week marked the completion of the administration’s seventh year, reflecting on a year of landmark legislation and milestones that included a record tax relief package, major investments in child care, workforce and infrastructure, and expanded support for law enforcement and the military. 

“The historic progress made in the past year reminds us that even the most intractable and seemingly insurmountable challenges can be solved when we work together with the best interests of North Dakota’s incredible citizens at heart,” Burgum said. “These accomplishments are a testament to the innovation by our strong private sector, the hard work of our citizens and the relentless efforts by our state team members who strive every day to empower people, improve lives and inspire success.”

The administration’s seventh year began with Burgum appointing Governor’s Office Chief Operating Officer Tammy Miller to serve as lieutenant governor, succeeding former Lt. Gov. Brent Sanford, who returned to the private sector. 

Miller, the former CEO of Fargo-based electrical distributor Border States, officially assumed the role of lieutenant governor on Jan. 3, 2023 – the same day the 68th Legislative Assembly convened for a regular session that would see the passage of several landmark pieces of legislation.

Click here to read a news release that details the administration's accomplishments. Click here to watch Burgum's video recapping 2023.

Basin Electric’s board of directors announced this week their selection of Todd Brickhouse as the chief executive officer and general manager of the cooperative effective immediately. Since July 2023, Brickhouse has held the position on an interim basis.

Basin Electric board president Wayne Peltier said the action is a reflection of Brickhouse’s record as interim CEO and general manager and his previous service as the cooperative’s senior vice president and chief financial officer.

“The Board has worked closely with Todd Brickhouse during his tenure at Basin Electric and believes he has the skills, strategic vision, work ethic and integrity to lead the organization,” said Peltier.

“I thank the board of directors for their confidence and support, and I look forward to working closely with them and our members as we pursue Basin Electric’s mission of providing reliable and affordable power, products, and services to sustain the quality of life for our member-owners across rural America,” Brickhouse said.

Brickhouse joined Basin Electric in June 2022 as its senior vice president and CFO after 21 years at Old Dominion Electric Cooperative (ODEC) in Glen Allen, Virginia. Prior to his career at ODEC, Brickhouse was employed in the financial services industry and held positions in the areas of securities trading, investment management, and investment banking. He is a graduate of the Virginia Military Institute where he earned a Bachelor of Arts degree in economics and business.

The ND Department of Environmental Quality is now accepting applications for its State Clean Diesel Grant Program.

Schools, cities, counties, and other government agencies that require larger, heavy-duty vehicles are encouraged to apply for the grant awards. DEQ will issue $410,000 in grants funded by the U.S. Environmental Protection Agency to purchase new or newer, diesel-powered, zero-emission, hybrid, or alternatively fueled vehicles.

The purpose of the funding is to reduce diesel emissions in accordance with the Diesel Emissions Reduction Act of the Energy Policy Act of 2010. To date, 120 older vehicles in North Dakota have been replaced using this funding, with a reduction in air emissions of about 225 tons over the lifetime of those vehicles.

Click here to see the application and program guidelines. Applications can be mailed to the ND Department of Environmental Quality, Division of Air Quality, 4201 Normandy Street, 2nd Floor, Bismarck, ND 58503-1324 or emailed to [email protected]. Applications must be received by 5:00 p.m. CST on January 31, 2024. 

North Dakota Monitor Staff

Wintry weather and snow-covered landscapes can produce some interesting and striking images of western North Dakota, not to mention the steady flow of oilfield traffic. Images of those scenes were captured this week by the high-definition cameras on WDEA's Wise Roads weather stations. Photos 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.

Fifty new stations have been installed, 39 of which are located in the four core oil-producing 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, Dublin, with a shot of the setting sun taken through a frost-covered lens; Shell Lake, with a beautiful sunset in the southwest; Four Bears, with a parade of trucks and other vehicles on a gravel road; and Center, with a sun pillar on the horizon. Click on the link for a high-resolution image.