N.D. Public Service Commission fines Oliver Wind $50,000 for cultural‑site damage; sets hearings on pipeline, rate filing

The North Dakota Public Service Commission on Feb. 19 approved a consent agreement assessing Oliver Wind 4 LLC a $50,000 civil penalty for construction activity that damaged archaeological and cultural sites, voted to suspend Otter Tail Power Company’s small power production cogeneration rates and seek public comment, and set a public hearing for Thunder Butte Pipeline LLC’s crude oil pipeline application.

The commission adopted the Oliver Wind consent agreement after staff and company negotiators reached a settlement over damage that occurred during construction of a 345‑kilovolt transmission line authorized by a corridor and route permit in April 2024. Commissioner Greensand summarized the matter: "In April 2024, the commission issued a corridor and route permit to Oliver Wind 4 LLC for construction, operation, and maintenance of an approximately 19 and a half mile long 345 kV electric energy transmission facility" and said the company later reported impacts to cultural resources and engaged in corrective measures.

Why it matters: commissioners said the case raises concerns about protections for tribal and archaeological resources during large energy projects and about developer practices on fast construction schedules. Commissioner Hogan Hoffert called the removal of protective fencing and the unplanned construction "very disappointing," and urged stronger developer training and respect for marked sites.

Details on the Oliver Wind consent agreement: commissioners said Oliver Wind’s consultants identified areas to avoid, construction began in May 2024, and consultants later observed that protective fencing near archaeological sites had been removed and unplanned work had occurred. The transcript records that three sites were impacted and that Oliver Wind voluntarily stopped work, notified the North Dakota State Historical Preservation Officer (ND SHPO) and participating tribes, and implemented corrective measures. Under the consent agreement, Oliver Wind agreed to pay a $50,000 civil penalty. Commissioners described the agreement as a negotiated remedy and voted to adopt it.

On a separate vote, the commission voted to suspend Otter Tail Power Company’s proposed 2025 small power production and cogeneration rates (case PU25‑63) and to issue a notice of opportunity for hearing. Commissioner Hogan Hoffert moved the action and explained that interested parties may file written comments and that parties desiring a hearing must file a written request identifying their interest and the reason for a hearing. The commission set a filing deadline for comments and hearing requests of April 7, 2025, and noted it may choose to resolve the matter without a formal hearing if appropriate.

The commission also voted to issue a notice of filing and set a public hearing for Thunder Butte Pipeline LLC’s combined application for a certificate and route permit for a crude oil transmission pipeline (case PUDash24Dash86). Commissioners said the proposed project includes about 4 miles of new pipeline — roughly 3 miles of which would lie within the Fort Berthold Indian Reservation — and conversion of about 31 miles of existing gathering pipeline in Ward and Mountrail counties. Staff deemed the application complete and scheduled a public hearing for Wednesday, April 2, 2025, at 10 a.m. Central at the American Legion, Main Street, Parshall.

Votes at a glance: Oliver Wind 4 LLC consent agreement (case PUDash23Dash318) — motion to adopt consent agreement; mover: Commissioner Greensand; second: not specified in the public record; outcome: approved; penalty: $50,000. Otter Tail Power Company (case PU25‑63) — motion to suspend proposed rates and tariff and issue notice of opportunity for hearing; mover: Commissioner Hogan Hoffert; second: not specified; outcome: approved; filing deadline for comments/hearing requests: April 7, 2025. Thunder Butte Pipeline LLC (case PUDash24Dash86) — motion to issue notice of filing and set public hearing; mover: Commissioner Greensand; second: not specified; outcome: approved; hearing scheduled April 2, 2025 at 10 a.m. Central in Parshall.

Other business and announcements: the commission approved the single consent‑agenda item and previous minutes at the start of the meeting. Chair Randy Christman thanked staff for monitoring legislation and said, "our staff has just done a tremendous job this year of watching things and making sure that we can access the information we need." The commission also announced upcoming formal hearings in the Basin Electric transmission line docket (case PUDash24Dash361), with hearings Feb. 26 in Underwood and March 6 in Stanley.

The meeting record shows commissioners voiced concern that large projects rushed into a single construction season may increase the likelihood of oversights that harm cultural resources, and several members said they expect stronger mitigation and developer training in future projects.