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Public Service Commissioners set consolidated Watford City hearing for Dakota Sound cases on July 3
Summary
The Public Service Commissioners agreed to schedule a consolidated administrative hearing in Watford City on July 3 for two Dakota Sound pipeline cases after limited availability of parties and an administrative law judge; staff will coordinate timing and notices.
The Public Service Commissioners agreed to schedule a consolidated administrative hearing in Watford City on July 3 to consider two Dakota Sound pipeline cases.
A staff member told commissioners that “there is only 1 date upon which the administrative law judge, external counsel, the company, and all 3 of you commissioners are available, and that date is July 3.” The staff member said notice deadlines and participants’ availability left few alternatives in June or early July.
Commissioners and staff discussed alternatives before settling on the date. Staff noted the company had “expressed a certain degree of discomfort” with delaying a hearing into August because that would “realistically push them into winter construction and then a winter pause and then spring construction.” Commissioners also raised the possibility of using a substantive administrative law judge (ALJ) or having agency staff act as the hearing officer to free up scheduling options. Staff said using a substantive ALJ on the combined cases would deviate from past practice, which has used a roughly 10-mile guideline as one factor; one pipeline at issue is about 28 miles long while the other is a very short bypass of a single landowner.
Staff warned that scheduling in June was constrained by tight timelines for notice requirements and that Dakota Sound’s primary employees planned vacations in late June. Commissioners asked staff to coordinate with the company on travel and witness arrangements and to start the hearing “as early in the day as possible” if July 3 remains the only available date.
The meeting record shows no formal roll-call vote; commissioners signaled agreement during the discussion and directed staff to finalize the July 3 hearing date in Watford City and to work with Dakota Sound on logistics and public notice. Staff also said it would explore whether agency staff could serve as hearing officer and check ALJ availability.
Other, nonbinding items discussed included internal scheduling for an agency chili cook-off and staff attendance at the ERC “Energizing North Dakota” event in June.
