Houston Chronicle

Dakota Access pipeline developer to keep fighting Indian artifacts case

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BISMARCK, N.D. — A dispute over whether the Texas-based developer of the Dakota Access oil pipeline improperly reported the discovery of American Indian artifacts in North Dakota will linger into the fall, as the company continues to fight a relatively minor violation and small fine.

Energy Transfer Partners has been battling since November when state regulators filed a complaint and proposed a $15,000 fine, which pales in comparison to the $3.8 billion cost of the pipeline that began moving oil last month.

The complaint came after the Public Service Commission, which oversees pipelines, was notified by a third-party inspector that pipeline crews last October had diverted constructi­on of the pipeline around Native American artifacts. The company had obtained the approval of the State Historic Preservati­on Office but not of the commission.

The artifacts weren’t disturbed, and ETP maintains it didn’t intentiona­lly do anything wrong. A public hearing on the issue was scheduled for Aug. 16, but the company requested that written arguments be made first. The PSC has agreed to a briefing schedule with a final deadline of Sept. 22. The hearing will be reschedule­d after that, Commission­er Julie Fedorchak said.

ETP didn’t comment on the reason for its request.

The pipeline began moving North Dakota oil to a distributi­on point in Illinois on June 1, after approval by the Trump administra­tion ended months of delays caused in part by protests in North Dakota that resulted in 761 arrests between August and February.

 ?? Blake Nicholson / Associated Press file ?? A work crew member stopped traffic last year near St. Anthony, N.D., so work could proceed on Energy Transfer Partners’ Dakota Access pipeline.
Blake Nicholson / Associated Press file A work crew member stopped traffic last year near St. Anthony, N.D., so work could proceed on Energy Transfer Partners’ Dakota Access pipeline.

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