Last updated on 2014.11.29
The same lawyer who wrote up the SDGOP's feeble threat to sue TV stations for airing negative ads about Mike Rounds carried TransCanada's water yesterday in an effort to block citizens from fighting Keystone XL. And believe it or not, our Public Utilities Commissioners took the people's side!
43 individuals and organizations filed for intervenor status in the process under which the PUC will consider renewing TransCanada's permit to build the Keystone XL tar sands pipeline across West River. TransCanada sent Sioux Falls lawyer William Taylor to keep Bold Nebraska, 350.org, sixteen Nebraskans, and two Minnesota tribal members out of the process. At yesterday's party status hearing, Commissioners Gary Hanson, Chris Nelson, and Kristie Fiegen held the door open for every one of those interested parties:
Chairman Gary Hanson said the term “interested person” isn’t defined in the state laws governing PUC permitting. He said the laws also provide intervener status for environmental organizations.
“This is why we’re so lenient in granting party status, because the doors are so open on this,” Hanson told Taylor.
Commissioner Chris Nelson said he reads the laws to mean the commission has flexibility in deciding who can intervene, and Commissioner Kristie Fiegen said the Legislature “intentionally” wrote the law in broad language so the PUC could be inclusive [Bob Mercer, "43 Granted Intervener Status in Keystone XL Proceedings," Aberdeen American News, 2014.10.29].
Funny that TransCanada was arguing that non-South Dakotans can't participate in the South Dakota PUC's permitting process. By that logic, I would think the commissioners would have to bar the door to TransCanada as well, since none of their directors live in South Dakota. Luckily for them, Commissioners Hanson, Nelson, and Fiegen avoided that complication.