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TransCanada Asks PUC to Change Keystone XL Approval Conditions

April 9, 2010

Stephanie Trask and Luke Temple of Dakota Rural Action show photos of Keystone pipeline construction damage to Robert Jones of TransCanada

TransCanada has asked the South Dakota Public Public Utilities to “clarify or reconsider” the conditions the Commissioners put on their approval of the Keystone XL pipeline.

In its Motion for Limited Reconsideration in the Keystone XL proceeding, TransCanada seeks to modify a number of conditions that benefit landowners, including conditions related to:

1) Spills of hazardous materials (TransCanada proposed that notification be limited to spills greater than five gallons);

2) Limitation of the use of floating sediment curtains to flowing streams, with the result that floating sediment curtains would not be used in stock ponds or lakes;

3) Deferral to US Army Corps of Engineer wetlands requirements;

4) Deferral to US Fish & Wildlife Service for prairie chicken and sage grouse protection;

5) Deferral to US Department of State for protection of cultural resources; and

6) Various changes to conditions related to paleontological resources, including omission of the damage liability provision.

TransCanada also submitted four appendices to the Motion:
A. General Procedural Guidance for Paleontological Resource Management
B. Guidance for implementing the Potential Fossil Yield Classification (PFYC) System
C. Potential Fossil Yield Classification (PFYC) System
D. Guidelines for Assessment and Mitigation of Potential Impacts to Paleontological Resources

Plains Justice encourages landowners and interested members of the public to review these documents and contact the PUC if you have concerns.


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