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PUC votes down request for early ruling on Navigator application

Navigator CO2 Ventures has completed its main case in its application to the PUC to construct a pipeline shipping carbon dioxide in parts of South Dakota.

The attorney representing landowners challenged the commission with motions to dismiss Navigator’s pipeline application.

Attorney Brain Jorde made two motions to return or dismiss Navigator’s application Thursday. Jorde said Navigator’s application failed to meet the PUC’s standards.

“So in that case, landowners make a motion to renew the motion to return or dismiss based on the failure to notify the 204 people, and then we make a new motion to dismiss and return the application on the basis that Navigator and their case, in chief, has failed to live up to the four factors required under South Dakota law,” said Jorde.

PUC commissioners had previously ruled on Jorde’s first motion to reject Navigator’s application based on the company failing to notify over 200 landowners on their proposed route.

Chris Nelson is a PUC commissioner. He responded to Jorde’s second motion to dismiss Navigator’s application based on not meting state law.

“I’ve been saying for a year, I need to get all the facts on the table in order to make a decision as to whether or not this project meets the criteria of state law. And we are well into that process, we have learned a lot, but there are still things we need to learn," said Nelson. "There’s a group of people out here, landowners, that we haven’t heard from yet. I wanna hear from them.”

Nelson also mentioned a Navigator rebuttal witness he desires to hear from as many questions he had were deferred to her.

All three commissioners voted to dismiss Jorde’s motions.

The hearings end Saturday. The PUC has until September make a decision on Navigator’s application.

Evan Walton is an SDPB reporter based in Sioux Falls. Evan holds a Master’s in English Literature from Southern New Hampshire University and was honorably discharged from the United States Army in 2015, where he served for five years as an infantryman.