Legalectric

Here it is, TransCanada’s Keystone XL Pipeline is baaaaaaaaaaack. From the Federal Register Notice:

On February 5, 2014, the Department invited members of the public to comment on any factor they deem relevant to the national interest determination that will be made for the Keystone XL project application (79 FR 6984) and it is not inviting further public comment at this time.

Really…

A cut and paste from the State Department site:

On January 26, 2017 TransCanada submitted a Presidential permit application to the Department of State. The application and other project documents can be found here.

Documents relating to TransCanada’s 2012 application can be found here.

Two days… they resubmitted the application two days later… and no comment period.  WHAT?!?!

Here’s the Federal Register Notice for TransCanada Keystone Pipeline (it did take about two weeks for that to come out, and it’s just after the Enbridge Line 67 Expansion Federal Register Notice!).

Here’s the decision:

Line 67 ruling Dec 2015

This decision is important because it is not just this pipeline — because the basis for it is the Presidential Permit, and the notion that issuance of a Presidential Permit may not be appealed applies to the Presidential Permit for the (Not-so) Great Northern Transmission Line too!

Interesting letter arrived today:

GNTL_Invitation to Consult

It says that “DOE is contacting you because you submitted comment(s) related to cultural resources during the open NEPA public scoping period for the proposed GNTL project.”

RRANT Scoping Comment

???

So what does that mean? What’s involved?  Sending info to them?  Sending more Comments?  Attending meetings? A free trip to D.C?  A self-funded trip to International Falls in February?

“Consultation” is a term of art in federal permitting, and is required with all Indian tribes, of which there are several in the area of the project.  In this case, they also specify “the State Historic Preservation Officer” and “the Advisory Council on Historic Preservation,” and also “certain individuals and organizations…”

Here’s the  National Historic Preservation Act of 1966 (NHPA)

Working with Section 106

Energy Development, Transmission and Historic Preservation

Are “historical resources” all that they’re concerned about, is there a special category for “cultural resources?”  Or are different people invited to consult on different categories?

And if this is something I want to do, and it is, I have to “include information about your demonstrated legal or economic relation to the undertaking” … (odd word, that)… ” or to properties potentially affected by the proposed GNTL project…”

Guess I’d better figure out what I said in those comments first!