A North Dakota lawmaker is calling into question a state law change that drew a lot of attention this week.

At issue is a regulatory decision for a planned underground pipeline to store carbon dioxide. North Dakota's Public Service Commission said local ordinances to set route restrictions for such of projects are preempted by state rules.

At least two counties have adopted ordinances for a pipeline proposed by Summit Carbon Solutions. The company wants to transfer carbon dioxide from ethanol plants and store it underground in North Dakota.

Rep. SuAnn Olson, R-Baldwin, wonders whether recent changes to the law tied to the decision should be in place anymore.

"It was never envisioned, I'm sure, to be this far-reaching," Olson contended. "No doubt the PSC, all they can do is wrestle with what the current Century Code said. What it said to me is that the Legislature really needs to look at that, this next session."

The Legislature is not expected to meet again until next year, and Olson could not speak to whether a special session is necessary. Public hearings on the latest permit proposal from Summit could begin several weeks from now. The company said the project would have several benefits, including environmental. But skeptics are dubious about the claim and cited worries about safety and landowner rights.

Summit has argued the local ordinances are unreasonably restrictive, and contended it will use strong safety measures. But Olson, who represents an area along the proposed route, does not feel reassured.

"If there is a breach, this pipeline is near so much population -- or has the ability to touch so many people -- that the route they're proposing, north of Bismarck, is untenable, in my view," Olson asserted.

After its initial permit application was denied by North Dakota regulators, the company submitted a new plan to reroute almost 10 miles north of Bismarck city limits. Summit noted it addresses concerns about city growth and future development. Meanwhile, an attorney representing landowners fighting the project said his team plans to appeal the Public Service Commission decision.


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On the heels of a regulatory victory, utilities and various energy groups in Minnesota are expressing more optimism about the region's power grid - and its ability to accommodate a diverse set of electricity sources. In late January, the Minnesota Public Utilities Commission approved a permit request for the Northland Reliability Project, a new 140-mile transmission line stretching from the Iron Range to the St. Cloud area. Utilities behind the effort say this creates more grid space and ensures reliability as they focus on renewables such as wind and solar.

Rachel Stuckey, executive director of the Minnesota Conservative Energy Forum, says that peace of mind isn't just tied to meeting higher electricity demands.

"If a weather event happens or, God forbid, some kind of cyberattack, that we can either withstand or bounce back from that," she explained.

Her organization favors an "all of the above" approach when it comes to energy sources. Stuckey added that as these grid modernization projects come on board, it's important all voices are heard, including property owners worried about new power lines going up. The Northland project also calls for replacing two 20-mile stretches of existing lines and is scheduled to be ready by 2030.

Amelia Vohs, climate director is with the Minnesota Center for Environmental Advocacy, which prioritizes non-fossil fuel sources, says the region can't slow down in trying to modernize the power grid because demand keeps accelerating.

"Some of it [comes] from increasingly electrified appliances, or electric vehicles, but especially from the growth of data centers," she said.

Vohs added that creating more room on the grid eases the backlog of clean-energy development waiting to advance, and that while Minnesota has been a leader in trying to meet these challenges, it remains an open question of whether the state has enough transmission proposals coming together to keep pace. At least three other projects are being looked at by Minnesota regulators.


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A North Dakota legislative committee on Thursday took up a trio of bills about landowners' rights as states in this region are eyed for carbon-capture projects.

The measures stem from public scrutiny of Summit Carbon Solutions' plans for a multistate pipeline in the Midwest, to capture ethanol plant emissions for underground storage in North Dakota. State regulators have signed off on it, but some landowners don't like the idea of signing land deals with the company.

Ann Bernhardt of Linton, who lives near the proposed route, provided testimony in favor of a bill to block developers of these projects from turning to "eminent domain."

"All we're asking for from our representatives is a little bit of protection," she said. "Just do what's right."

Eminent domain is a legal move where private property is forcefully turned over for public use, with compensation provided. Groups such as Dakota Resource Council have questioned whether a venture such as Summit's has a public benefit or is driven by corporate profit. The company has said voluntary agreements are the goal but added that these legal tools are needed for the state to take advantage of this technology.

Bernhardt countered that if concerns from landowners and other opponents are overblown, as the project backers imply, then Summit would have all the land agreements in place already.

"If it's a good project, if it's good for everybody," she said, "there's no need for eminent domain."

The company told lawmakers that so far it has agreements with more than 80% of affected landowners in North Dakota for the pipeline to go through their property.

Beyond landowner rights, other concerns include safety issues in the event of a pipeline rupture, and skeptics say this project is touted as an environmental aid but could be used to expand fossil-fuel production.

No action was taken Thursday, but Charlie Adams, Summit's agriculture and stakeholder relations manager, did urge the panel to maintain existing laws that define carbon pipelines as a "common carrier," meaning they transport commodities. He said revoking that status and restricting eminent domain would set North Dakota back.

"Without this law," he said, "there will be no additional development of CO2 projects."

Eastern Kentucky's largest utility, Kentucky Power, is proposing to expand its energy efficiency programs for residential and commercial customers.

After weeks of bitter cold, most residents will see higher energy bills, especially if they live in homes that lack insulation or rely on outdated heating systems.

Wesley Bryant, a Letcher County resident, said he is shelling out a hefty chunk of his income to pay utility bills. He pointed out any help with weatherization would allow him to reduce costs and use the money for other basic needs, such as food and medical bills.

"I pay two power bills because my home was destroyed in the flood but we still have to keep power on there, in hopes of getting back there," Bryant explained. "And on top of that, we're helping to pay the power bill at my mother-in-law's."

The deadline to submit comments on Kentucky Power's Demand Side Management program is Feb. 3. The company said expanding the program will help address health, safety or structural issues in homes that would otherwise not be eligible for the Weatherization Assistance and Targeted Energy Efficiency programs.

Consumer advocates said the company's proposed funding levels are unlikely to have much effect on overall energy demand in the region. Bryant noted the demand for weatherization and repairs is even greater, as many people displaced in the 2022 floods are still struggling to get long-term housing.

"Kentucky Power has a chance to power Kentucky by investing in the communities, by investing in weatherization," Bryant contended. "We've been experiencing cold here that that's not been felt here in years."

Byron Gary with the Kentucky Resources Council said while he is concerned about how Kentucky Power said it will recover costs, the program should be tailored to serve the most vulnerable residents.

"These programs run out of money before everybody who has applied can be served," Gary observed. "A lot of times, they end up prioritizing houses where the fixes are what you might call 'low-hanging fruit;' they're a lot easier to do."

Kentucky Power ratepayers already paid the state's highest average residential electricity bill in 2023, at $187 a month, according to state data.