Map of the proposed pipeline route is presented at an Empower ND event.

BISMARCK, ND (KFGO) – The North Dakota Public Service Commission (PSC) denied a siting permit for the Midwest Carbon Express CO2 Pipeline Project on Thursday but the company behind the project says it will revisit its application and reapply.

Summit Carbon Solutions (SCS) filed an application last fall to construct approximately 320 miles of carbon dioxide pipeline in the state. The proposed route of the pipeline would originate at facilities in Nebraska, Iowa, South Dakota, and Minnesota and cross through parts of Burleigh, Cass, Dickey, Emmons, Logan, McIntosh, Morton, Oliver, Richland and Sargent Counties. The CO2 would then be injected into pore space for permanent sequestration northwest of Bismarck.

Prior to denying the permit, PSC held five public hearings around the state which included hours of testimony and public comment during which concerns from landowners and citizens regarding eminent domain, safety, the policy of permanent CO2 sequestration and storage, setback distances, potential harm to drain tile systems, impacts on property values, and the ability to obtain liability insurance due to the project were raised.

PSC Chairman Randy Christmann said Summit failed to follow some of the steps in state law, when it comes to siting pipelines.

“SCS has not provided sufficient evidence to demonstrate that the location, construction, operation, and maintenance of the project will produce minimum adverse impacts upon the welfare of the citizens of North Dakota with the existing record,” he said.

In its release announcing the permit denial, the PSC said the State Historical Preservation Office (SHPO) raised concerns about the pipeline which were not addressed. In addition, the PSC said the U.S. Geological Survey noted 14 areas of potential geological instability within the project corridor, and Summit did not submit information demonstrating how it would address these concerns.

Summit Carbon Solutions said in a statement that it respects the decision by the PSC.

“We will revisit our proposal and reapply for our permit. We’re committed to understanding and incorporating the considerations outlined in the decision. We are confident that our project supports state policies designed to boost key economic sectors: agriculture, ethanol, and energy,” a statement from the company read.

The issues of eminent domain, safety compliance with the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration construction and operation, and permanent sequestration and storage of CO2 were outside the jurisdiction and consideration of the Commission.