TransCanada

Keystone XL Permit Hearing Concludes After Nine Contentious Days in South Dakota

TransCanada’s days of having its pipeline permit requests rubber-stamped are long over. A nine-day hearing to reconsider its Keystone XL permit through South Dakota proved that. 

Yet many left the hearing in Pierre, South Dakota, wondering if the proceedings were merely a formality.

Permits Required to Build TransCanada’s Keystone XL Pipeline in Jeopardy As Hearings Reveal Missteps

TransCanada’s decision to purchase all of the pipe needed to complete the Keystone XL Pipeline before receiving a presidential permit could prove a costly mistake.

Not only is President Obama expected to reject the permit TransCanada needs in order to cross the U.S.-Canadian border, the company must recertify an expired permit before it can install the pipeline though South Dakota as well.

At a hearing that began on July 29 in Pierre, South Dakota, the state Public Utilities Commission (PUC) is tasked to decide if it should recertify the company’s permit to build the Keystone XL pipeline through the state. Those opposing the Keystone XL, referred to as interveners, are making the case that TransCanada is not up to the job.

TransCanada Keystone XL Hits New Turbulence As South Dakota Permit Hearing Implodes Over Pipeline Corrosion, Market Demand

Keystone corrosion TransCanada root cause report

Holes too big to fix were poked in TransCanada’s narrative that its Keystone XL tar sands pipeline will be the safest pipeline ever built. And questions were raised about how the pipeline company’s financial dealings are set up during Public Utilities Commission hearings in Pierre, South Dakota this week where state regulators are tasked to decide if the company is capable of following the rules the state set when the original Keystone pipeline permit was granted in 2010.

A team of lawyers representing Native American tribes and the grassroots group Dakota Rural Action took the upper hand during the proceedings as they tried to have a TransCanada executive’s testimony impeached. The proceedings took on a circus-like atmosphere when TransCanada was unable to prevent lines of questioning it didn’t like. 

Evidence Released at TransCanada’s Keystone XL Permit Renewal Hearing Sheds Light On Serious Pipeline Risks

Keystone XL protest by Doug Grandt

Just because TransCanada continually states that the Keystone XL pipeline will be the safest pipeline ever built, doesn’t mean it is true.

The company’s pipeline construction record is facing intense scrutiny in America’s heartland, where many see no justifiable rationale to risk their water and agricultural lands for a tar sands export pipeline.

New documents submitted as evidence in the Keystone XL permitting process in South Dakota — including one published here on DeSmog for the first time publicly — paint a troubling picture of the company’s shoddy construction mishaps. This document, produced by TransCanada and signed by two company executives, details the results of its investigation into the “root cause” of the corrosion problems discovered on the Keystone pipeline.

FBI Advisory: Oil Trains At Risk of "Extremist" Attack, But Lacks "Specific Information" To Verify

A documentmarked “Confidential” and published a year ago today, on July 18, 2014, by the Federal Bureau of Investigation (FBI) concluded that “environmental extremists” could target oil-by-rail routes, as first reported on by McClatchyBut the Bureau also concedes upfront that it lacks “specific information” verifying this hunch.

Rail industry lobbying groups published the one-page FBI Private Sector Advisory as an exhibit to a jointly-submitted August 2014 comment sent to the U.S. Department of Transportation's (DOT), which has proposed “bomb trains” regulations currently under review by the White House Office of Information and Regulatory Affairs (OIRA)

Emails: Enbridge Attorney, Lobbyist Wrote Provisions into Wisconsin Budget for "Keystone XL Clone" Pipeline Leg

Emails reveal that an attorney and lobbyist for Canadian pipeline company giant Enbridge helped draft the controversial provision placed into the 2015 Wisconsin Budget set to fast-track expansion of the company's Line 61 pipeline. 

The emails, published by the Wisconsin Legislative Reference Bureau and first covered by Wisconsin Public Radio, emerge just months after DeSmog revealed emails showing Enbridge's attorney for its border-crossing Alberta Clipper expansion project proposal, which connects to Line 61 in Superior, Wisconsin, doing much the same to curry favor with the U.S. Department of State to fast-track permitting for that project.  

Together, Alberta Clipper (also called Line 67) and Line 61 are two parts of the four that make up the broader “Keystone XL Clone” pipeline system. That system carries tar sands bitumen extracted in Alberta down to Gulf coast refineries and the global export market.

Appeals Court Rules Keystone XL South Approval Was Legal, Lifting Cloud Over TransCanada

In a 3-0 vote, the U.S. Appeals Court for the Tenth Circuit has ruled that the southern leg of TransCanada's Keystone XL pipeline was permitted in a lawful manner by the U.S. Army Corps of Engineers. 

Keystone XL South was approved via a controversial Army Corps Nationwide Permit 12 and an accompanying March 2012 Executive Order from President Barack Obama. The pipeline, open for business since January 2014, will now carry tar sands crude from Cushing, Oklahoma to Port Arthur, Texas without the cloud of the legal challenge hanging over its head since 2012.

TransCanada's Keystone Pipeline Network Under Investigation by Federal Regulators

A month after revealing that TransCanada is under a compliance review for the Keystone 1 Pipeline, the Pipeline Hazardous Materials Safety Administration (PHMSA) disclosed it is also investigating the operations of Keystone XL's southern route, renamed the Gulf Coast Pipeline when the project was split in half.

Exclusive: TransCanada Keystone 1 Pipeline Suffered Major Corrosion Only Two Years In Operation, 95% Worn In One Spot

Julie Dermansky

Documents obtained by DeSmogBlog reveal an alarming rate of corrosion to parts of TransCanada's Keystone 1 pipeline. A mandatory inspection test revealed a section of the pipeline's wall had corroded 95%, leaving it paper-thin in one area (one-third the thickness of a dime) and dangerously thin in three other places, leading TransCanada to immediately shut it down.

Emails: How State Department Secretly Approved Expanding Piece of Enbridge's "Keystone XL Clone"

State Department Enbridge Emails

DeSmogBlog has obtained dozens of emails that lend an inside view of how the U.S. State Department secretly handed Enbridge a permit to expand the capacity of its U.S.-Canada border-crossing Alberta Clipper pipeline, which carries tar sands diluted bitumen (“dilbit”) from Alberta to midwest markets. 

The State Department submitted the emails into the record in the ongoing case filed against the Department by the Sierra Club and other environmental groups in the U.S. District Court for the District of Minnesota. Collectively, the emails show that upper-level State Department officials hastened the review process on behalf of Enbridge for its proposed Alberta Clipper expansion plan, now rebranded Line 67, and did not inform the public about it until it published its final approval decision in the Federal Register in August 2014.

According to a March 17, 2014 memo initially marked “confidential,” Enbridge's legal counsel at Steptoe & Johnson, David Coburn, began regular communications with the State Department on what the environmental groups have dubbed an “illegal scheme” beginning in at least January 2014. 

Enbridge State Department Emails
Image Credit: U.S. District Court for the District of Minnesota

Environmental groups have coined the approval process an “illegal scheme” because the State Department allowed Enbridge to usurp the conventional presidential permit process for cross-border pipelines, as well as the standard National Environmental Policy Act (NEPA) process, which allows for public comments and public hearings of the sort seen for TransCanada's Keystone XL pipeline.

Further, the scheme is a complex one involving Enbridge's choice to add pressure pump stations on both sides of the border to two pipelines, Enbridge Line 3 and Enbridge Line 67, to avoid fitting under the legal umbrella of a “cross-border” pipeline.

Hastening the approval process — and thus dodging both the conventional presidential permit and NEPA process — came up in a June 6, 2014 memo written by Coburn and his Steptoe co-counsel Josh Runyan. Enbridge's legal argument centered around ensuring profits for its customers “consistent with its obligations as a common carrier.”

State Department Enbridge Emails
Image Credit: U.S. District Court for the District of Minnesota

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