March 27, 2020 -- A World of Hearts
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The south side of the North Dakota Capitol will be lit in the shape of a heart through the weekend as part of
#AWorldOfHearts
campaign in response to the coronavirus pandemic.
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Conflicting DAPL Decisions Issued
Iowa Board Okays Optimization Project
Federal Judge Rules DAPL Needs EIS
In what some are calling an "inexplicable" ruling, a federal judge ruled this week that the U.S. Army Corps of Engineers must complete an environmental impact statement (EIS) of the original Dakota Access Pipeline project. Meanwhile, Iowa regulators today gave the go-ahead to plans of Energy Transfer Partners to nearly double DAPL's capacity.
The decision issued Wednesday by Judge James Boasberg of the DC District Court said the Corps failed to fully examine whether the pipeline’s effects were likely to be "highly controversial" as they apply to the National Environmental Policy Act (NEPA). The decision is difficult to explain because DAPL has been fully operational for nearly three years, which suggests an EIS would be of no value because the environmental disturbance has already occurred.
Craig Stevens, spokesmann for the GAIN Coalition (Grow America's Infrastructure now), called the decision "stunning" and said it "flies in the face of decades of widely accepted practice." Stevens said the Corps met or exceeded guidelines when conducting its Environmental Assessment. The state of North Dakota also conducted a 13-month study before the Public Service Commission permitted construction.
"The Dakota Access Pipeline is already the most studied, regulated, and litigated pipeline in the history of our country and has been safely operating for nearly three years," Stevens said. "These companies that invest and support large scale infrastructure projects want certainty from the government, but now a court is putting their work in potential peril."
Boasberg did not rule on whether oil could continue to flow through DAPL, which began moving up to 570,000 barrels of crude per day when it went into service in June 2017. Instead, the judge ordered parties to present briefs on whether the pipeline easement should be vacated during the Corps' review.
In reaching his conclusion, Boasberg cited a recent decision (
National Parks Conservation Association v. Semonite) in which the Corps was ordered to vacate a permit it had issued to a utility company to build transmission towers across the James River in Virginia, and a full EIS was ordered. In his
48-page decision Boasberg said, “Unrebutted expert critiques regarding leak-detection systems, operator safety records, adverse conditions, and worst-case discharge mean that the easement approval remains ‘highly controversial’ under NEPA. Boasberg is the same judge who authorized the pipeline's construction in a
September 2016 ruling, which was immediately usurped by the Obama administration's Dept. of Justice.
In a bit of good news for Dakota Access LLC, the Iowa Utilities Board today issued
an order granting DAPL's request for an amendment to its original construction permit. The optimization project requires upgrades to three pumps at the DAPL pumping station near Cambridge, Iowa, as well as adding two more pumps to increase its capacity. The Iowa board ruled that because construction is limited to the Cambridge pump station on Dakota Access property, that no additional landowners will be affected, and that information provided shows the increased capacity will not have a significant effect on the safety of the pipeline, it would grant the amendment.
North Dakota regulators have already approved the expansion project, as did the Lincoln County Commission in South Dakota. The Illinois Commerce Commission has yet to rule on the application.
Click
here to see a short video that explains the optimization project.
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State Virus Response Continues
Contingencies Announced for Child Care and June Election, Tax Filing Extended
Gov. Doug Burgum announced modified operating practices and an emergency grant program this week to ensure the availability of child care services for health, safety and other lifeline workers responding to the ongoing coronavirus pandemic.
An alternative mail-in ballot option for the June 9 election is also being implemented, and state and federal tax filing deadlines are extended to July 15.
The state today reported 10 new infections with the novel coronavirus, bringing the statewide total to 68. The state also recorded its first death associated with the virus, a man in his 90s from Cass County. The new cases are three each in Cass and Morton Counties, and two each in Burleigh and Stark Counties. Eleven people are hospitalized.
Burgum said the childcare initiative recognizes the high percentage of working families in North Dakota. In more than 70 percent of households with children under age 12 both parents have a job, which he said means adequate childcare is essential to the state's economy.
Click
here to listen to Burgum's comments.
Chris Jones, director of the Department of Human Services, said the program has three components:
- Guidance on how child care providers can continue to safely serve children through modified operating practices. This includes precautions such as a limit of 10 people per room, a screening process for access to the provider and guidelines for meals and playtime.
- A Child Care Emergency Operating Grant to cover extra operating costs associated with the modified practices and to sustain vital child care services now and during the COVID-19 recovery. The grants will be available to all child care providers licensed by the state who agree to prioritize children of health, safety and other lifeline households.
- Added flexibility to allow school districts to help care for children in grades K-5 whose parents work in vital health, safety and lifeline services.
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Jaeger: The June Election Has Already Begun
North Dakota is initiating changes to ensure that every eligible voter can cast a ballot in June, while protecting the health and safety of voters and poll workers.
The changes in an executive order issued by Gov. Burgum waive the requirement that counties must provide at least one physical polling location on primary election day. Secretary of State Al Jaeger said it will give counties the flexibility and local control to conduct the June 9 primary election by mail-in ballot if the county chooses to do so. He said currently 33 of the state's 53 counties offer mail-in ballot voting in addition to the physical polling locations required by law.
Jaeger urged counties that wish to offer voting by mail to act quickly because June 9 isn't that far off.
Click
here to listen to Jaeger's comments.
Jaeger said it bothers him that some people think of the June vote as the primary election because he said it amounts to the general election for cities, school boards and park boards.
Burgum noted that the mail-in voting procedure protects the safety and well-being of poll workers, many of whom are retirees who may have greater vulnerability to COVID-19.
Click
here to read Governor Burgum's executive order.
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Tax Filing Deadline Extended to July 15
Following the federal government's lead, the North Dakota Tax Department has extended the tax filing deadline for all individuals and businesses to July 15.
Tax Commissioner Ryan Rauschenberger said extension of the deadline by the U.S. Treasury Department is intended to keep $300 billion of liquidity in the economy to help citizens pay their bills.
Click
here to listen to Rauschenberger's comments.
Rauschenberger said individual taxpayers who believe they will be owed a refund on their income taxes should continue to file as they normally would. He said all refunds will be issued in a timely manner.
Businesses that have already electronically filed their return and scheduled an electronic payment to be made April 15 can have the payment cancelled by contacting the Tax Department. Rauschenberger said department staff are also working on a case-by-case basis with individual businesses seeking an extension on payment of other taxes which are administered by the department.
Click
here to see the department's Q&A on COVID-19 Tax Guidance.
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State Lifts Highway Weight Restrictions
Extends Mileage Allowed on State Roads
Most County Load Limits to Remain in Place
The North Dakota Department of Transportation has temporarily lifted seasonal load restrictions on all state highways to minimize disruption of the supply chain during the COVID-19 public health emergency.
The change is based on an
executive order issued by Gov. Burgum. In a
letter to county commissioners today, DOT Director Bill Panos also said DOT will provide some relief to counties regarding large loads like workover rigs. Panos said the policy will increase the 10-mile limit on state highways to 15 miles under section B-1 of its guidance; and increase the three-mile limit on state highways to six miles under section B-2 of its guidance.
The governor's executive order on load limits affects only state highways. It does not apply to interstate highways or any county, city or township roads. Individual counties can decide whether to follow the DOT's lead or continue to maintain frost law limits on rural roads. Most
LoadPass member counties and cities intend to keep limits in place because roads are most vulnerable to damage as they begin to thaw.
Counties will consider exceptions if it involves movement of vital food or medical supplies in response to the coronavirus emergency. Counties will also continually review road conditions and will lift restrictions as soon as it is practical.
Oil industry truckers or others with questions about individual county or city policies should contact the highway or public works department in that jurisdiction or view the
LoadPass Restricted Road Map.
Load restriction information on state roads is available by calling 511 or on DOT's
Travel Map.
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Real-Time Info: COVID-19 Business Briefing
GNDC and Commerce Dept. Hosting Weekly Call
Every business owner in North Dakota is struggling to manage their way through the coronavirus pandemic. To help them wade through the myriad of information coming out each day, the Greater North Dakota Chamber of Commerce along with the North Dakota Department of Commerce are hosting a weekly business briefing Thursdays at 11:00 a.m. Central.
Commerce Commissioner Michelle Kommer said the state has launched a one-stop web site -
ND Response.gov - with COVID-19 employer resources across all of state government.
“You can find this information on
ndresponse.gov, click Business and Employer Resources, and you will find the recordings from our phone calls as well as leave-behinds and materials we are developing to help you understand new information in real-time,” Kommer said.
Kommer said the state's efforts are being coordinated with local and regional chambers along with economic development organizations so efforts are not duplicated and information is shared. She said it's the product of a newly-formed Economic Resiliency Team to ensure there is a coordinated approach to the pandemic. The task force includes agency leaders from across state government.
The focus of this week’s call was the Coronavirus Aid Relief and Economic Security Act, otherwise known as the CARES Act, with the major focus on emergency business financing. Al Haut, district director of the U.S. Small Business Administration, addressed plan specifics noting that after Congress passes the bill and President Trump signs it, it will still be “a week or two” before the SBA interprets the legislation and offers guidance to small business.
Click
here for Haut’s comments on timing of CARES Act relief in North Dakota. Click
here and advance to the 31:59 mark to listen to all of Haut's remarks. Click
here for general information on the SBA disaster loan program and a summary of the CARES Act.
GNDC President Arik Spencer said 974 business people registered for the conference call. Click
here to register for future calls or to listen to previous calls.
Click
here for guidance on business communications during the coronavirus crisis.
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McLean County Adopts Zoning Change
Amendment Could Impact Coal Creek Station
The McLean County Commission last night approved amendments to its zoning ordinances related to transmission lines and power plants in an effort to discourage the possible closure of Coal Creek Station.
The
amendments are a response to concerns that Great River Energy will consider shutting down one or both units at Coal Creek. The lignite-fired plant located just south of Underwood has a rated capacity of 1,100 megawatts. The zoning changes drafted by McLean County State's Attorney Ladd Erickson are "intended to ensure the rich history of environmentally sound electrical generation in McLean County and has legal siting rules to protect our citizen's 'general prosperity' and 'public welfare.'"
In a
letter submitted to the county by GRE President and CEO David Saggau, the company requested the county remove changes that apply a one-mile setback from the Missouri River, Lake Sakakawea, and Lake Audubon to electrical power transmission lines from permitted wind turbines. Saggau's letter described GRE's plans in the event Coal Creek is retired, including investing $1.5 billion to construct 800 megawatts of wind energy that would be interconnected to the company's high voltage lines on the site of Coal Creek Station
During the hearing, Erickson said the setback language is consistent with county ordinances requiring similar setbacks for oil drilling operations. He pointed out the importance of protecting county recreation interests, noting that the stretch of the Missouri River running through the county is one of the last natural stretches remaining in the Dakotas.
Bob Harms, representing North Dakotans for Comprehensive Energy Solutions, a wind energy lobbying group, urged the county to reject the changes.
"You don't want to signal that McLean County is closed to new investment and hurt the very people you're trying to help," Harms said. "The zoning ordinance change that's hostile to future development won't keep Coal Creek open, and it may encourage new investment to go to other counties or other states."
A Facebook group called Faces of North Dakota Coal had initially planned to hold a tailgate party prior to the hearing to show support for Coal Creek Station and the nearby Falkirk Mine that provides lignite to the facility. However, Mark Pierce, the administrator of the Facebook group, said the gathering was cancelled to prevent the spread of the coronavirus. Pierce said the pro-coal group was formed to point out the unfairness of renewable energy subsidies that support wind energy development, and that ultimately threaten the viability of coal-fired generation.
"The production tax credit is destructive policy. It artificially gives wind power the appearance of being cheap," Pierce said. "We are not anti-wind, but we are anti-federal government policy that uses taxpayer dollars to destroy our industry. All Coal Country wants is a level playing field in which to compete fairly."
Click
here to see the Faces of North Dakota Coal Facebook page, which includes amateur video of last night's hearing at a gymnasium in Underwood.
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Easton Named Permanent President of DSU
The ND State Board of Higher Education this week named interim Dickinson State University President Stephen D. Easton the permanent president of DSU.
Easton had been serving as interim president since November. Board Chairman Nick Hacker said Easton was selected based on the leadership he has shown during necessary budget cuts happening at DSU.
“President Easton has proven he can lead during difficult times," Hacker said. "The board has confidence he can bring Dickinson State University to the next level to meet the new dual mission model to serve student and workforce needs now and in the future.”
During his interview, Easton talked about his leadership philosophy.
“My dad, a DSU grad and longtime college administrator, taught me to put students first, whenever possible," Easton said. "This unusual and challenging semester demonstrates faculty and staff's commitment to our students, working overtime to continue the quality education of DSU’s wonderful students, even though we cannot meet with those students face-to-face in traditional classrooms."
As interim, Easton replaced Dr. Thomas Mitzel, who was named president of Kentucky Wesleyan last fall.
Easton, who graduated summa cum laude from DSU in 1980 with a bachelor’s degree in Business Administration and Accounting, and a minor in political science, was the third generation of his family to choose Dickinson State. After earning his undergraduate degree at DSU, Easton enrolled in Stanford Law School where he earned his Juris Doctorate in 1983. Easton practiced law for almost 20 years before returning to higher education as a professor and administrator.
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Behavioral Health Summit Rescheduled
Another event has fallen victim to the COVID-19 pandemic. The Summit on Behavioral Health in Energy Country, originally scheduled for April 28-30, has been rescheduled for October 26-28 in Watford City.
“After much consideration and discussion, the conference committee decided to postpone the Summit on Behavioral Health in Energy Country,” event organizers said in a Facebook post. They added the decision to move the event to the fall was to follow to the CDC guidelines related to large events and mass gatherings.
“The Summit on Behavioral Health in Energy Country is an important event for improving the quality of life for North Dakota as a whole. We look forward to hosting this event in the safest way possible.”
The conference will include an awards ceremony that will recognize Excellence in Behavioral Health Care; a Champion of Change; Community Innovation; Corporate Excellence in Behavioral Health; and, a Young Influencer Award. Organizers are seeking sponsors for the event which will be used to provide scholarships to attend the summit.
The summit is being organized by Vision West ND in partnership with USDA Rural Development. The North Dakota Division of Behavioral Health and the Mountain Plains Addiction Technology Transfer Centers are also part of the planning process.
Click
here for additional details and registration information. Click
here to see the summit agenda.
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One Basin-One Way: Distance Learning
To address the social distancing and gathering requirements of the COVID-19 pandemic, North Dakota Petroleum Council's One Basin-One Way safety training will be offered online.
This is a temporary solution to ensure workers still receive the orientation required while avoiding unnecessary exposure.
In this model, students will take the course from the convenience of their own computer, laptop or cell phone while still having the ability and expectation to interact with the instructor in a real-time setting.
Click
here for more information and for the distance training requirements.
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Workshop: The 3 P's of Gravel Quality
The North Dakota Local Technical Assistance Program of the Upper Great Plains Transportation Institute is offering training designed for anyone who works with gravel or gravel roads including motor grader operators, county road superintendents, county and township officers, contractors and gravel suppliers.
Among the many topics to be discussed by the instructors include identifying what is good gravel, how to balance gravel quality with local resources, solving gravel deficiencies, prospecting tips, a review of production practices and enhancing gravel quality.
The registration deadline is one week prior to the workshops and each class is limited to 30 attendees. The registration fee is $50 per attendee.
Click
here for the training description and registration.
Training sessions:
- April 28: 9 to 4 pm (CT); Casselton City Auditorium
- April 29: 9 to 4 pm (CT); Community Center; Granville
- April 30: 9 to 4 pm (MT); Stark County Highway Department; Dickinson
Click
here for more information about this valuable workshop.
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Write it Down on Your Calendar!
WDEA 2020 Annual Meeting
Get this date on your calendar! The Annual Meeting of the Western Dakota Energy Association will be held:
October 7-8, 2020
The Grand Williston Hotel & Conference Center
Williston, ND
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Quick Connect
- Bakken oilfield adjust working conditions for COVID-19 pandemic -- KFYR-TV
- Gas prices plummet to near historic lows, 99¢ a possibility -- Fargo Forum
- ND braces for bleak oil future: layoffs, idled wells, tax loss -- Bismarck Tribune
- Bakken company using flares to power up computers to model COVID cures -- Williston Herald
- Liberty Oilfield Services talks about strategy to get through downturn -- Williston Herald
- ND to double COVID-19 tests in coming days after 9 new positives -- Associated Press
- Governor Burgum: Before it's over every county will have positive tests -- Bismarck Tribune
- Montana Governor Steve Bullock orders 1 million residents to stay at home -- KFYR-TV
- Burgum: School districts have until April 1 to launch new learning platforms -- KFYR-TV
- North Dakota governor hasn't ruled out special legislative session -- Bismarck Tribune
- ND receives Medicaid waiver to streamline process during pandemic -- Williston Herald
- Governor Burgum: Unemployment numbers in the state at record high levels -- KXMB-TV
- An influx of people working from home is putting a strain on computer networks -- KFYR-TV
- Douglas Jensen selected as new leader for Bismarck State College -- Bismarck Tribune
- School board grants superintendent emergency powers to address COVID-19 -- Beulah Beacon
- SAT and ACT standardized testing canceled for now due to COVID-19 outbreak -- KFYR-TV
- Student loan debt through Bank of North Dakota to be deferred six months -- Minot Daily News
- Blood centers struggle to maintain adequate supply during coronavirus pandemic -- KFYR-TV
- North Dakota Democrats endorse 2020 state, congressional candidates -- Bismarck Tribune
- Proposed initiated measure to eliminate ND property tax gets approval to circulate -- KXMB-TV
- ND GOP to support state superintendent candidate after June primary -- Bismarck Tribune
- Grand Williston to close its doors, leaving more than 50 people without jobs -- Williston Herald
- Norsk Hostfest cancelled, Scandinavian festival will resume in 2021 -- Minot Daily News
- Southwest Water Authority awarded for best tasting tap water, 5th in nation -- Dickinson Press
- China trade deals with ND ag, energy getting shut down by coronavirus -- Williston Herald
- Opinion: It’s time to practice social and economic distancing from China -- Washington Post
- California sets goal to double clean energy by 2030 with new emissions target -- Reuters
- EPA citing coronavirus concerns drastically relaxes environmental rules -- New York Times
- India lockdown: Domestic demand hit, cheaper crude offers opportunity to store -- S&P Global
- COVID-19 pandemic demonstrates the importance of plastics from oil -- Energy In Depth
- Double disaster we must avoid — blackouts during the COVID-19 pandemic -- Inside Sources
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Factoid of the Week
North Dakota is working hard to slow the spread of the coronavirus. The ND Department of Health and other state agencies are sharply focused on providing the resources needed right now. Gov. Burgum urges residents to seek up-to-date information that focuses on facts not fear, and preparation over panic.
For the latest information on COVID-19, click
here
. To view the Governor’s daily media briefing at 4:00 p.m. (CT), click
here
.
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April 1
Bismarck
April 1
Bismarck
April 2
Bismarck
April 9
Bismarck
April 28-30
Casselton, Granville and Dickinson
April 28-30
Watford City
May 19
Bismarck
June 8-11
Bismarck
September 1-3
Bismarck
September 30 - October 1
Bismarck
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Oil prices and rig count
March 27, 2020
WTI Crude: $21.51
Brent Crude: $25.10
Natural Gas: $1.63
North Dakota Active Rigs: 45 (down 6)
3/27/
2019
-- 66 rigs
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Geoff Simon
Editor/Executive Director
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