Commission sets December hearing on proposed oil pipeline

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PIERRE - A state hearing on a proposed pipeline that would pump crude oil through eastern South Dakota will be held in the first two weeks of December, the state Public Utilities Commission decided Tuesday.
The hearing will start Dec. 3 and could run through Dec. 14.
The three members of the PUC decided that all people giving formal testimony during the hearing must file written testimony in advance, but the PUC also will hold a separate public meeting at about the same time so commissioners can hear nontechnical opinions from the public.
The TransCanada Keystone Pipeline is seeking PUC approval of the South Dakota portion of the $2.1 billion pipeline that would run 1,845 miles from Hardisty, Alberta, to Patoka, Ill., with a possible extension to Oklahoma.
The company wants to negotiate easements with landowners along the route, including those who live on the 220-mile path through South Dakota. Many landowners are worried about possible leaks or other problems.
TransCanada hopes to start construction next spring and have the pipeline operating by 2009.
The company intends to ship 435,000 barrels of crude oil a day through a 30-inch, pressurized pipe with expansion capacity to nearly 600,000 barrels a day.
Much of Tuesday's meeting focused on whether everyone who testifies in December's hearing would be required to file written testimony in advance.
Aberdeen lawyer Rodrick Tobin, representing people who question the pipeline project, argued that some people should be allowed to speak at the formal hearing without filing written testimony in advance. Many people who would be affected by the proposed pipeline but are not represented by lawyers would not be comfortable writing formal testimony, he said.
But Pierre lawyer Brett Koenecke, representing TransCanada, said the company has the right to know in advance what testimony will be presented so it can respond during the formal hearing.
The commission settled on the two-pronged approach to provide as much public comment as possible.
The informal meeting will give people a chance to express their opinions and feelings about the project, said PUC Chairman Dusty Johnson. Testimony at the formal hearing will focus on the issues the commission is legally required to consider in making its decision, he said.
The PUC also gave its staff permission to hire its own experts to help in the case.

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