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    Nebraska State Sen. Eliot Bostar & Sen. Adam Morfeld Letter To PSC Re: Keytone XL

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    hefflinger
    Senator Morfeld wrote to the Nebraska Public Service Commission regarding TransCanada's Keystone XL pipeline project. He noted that the presidential permit required for the project had been revoked, yet TransCanada continued condemnation actions against Nebraska landowners. Additionally, TransCanada had modified the approved pipeline route without seeking reapproval from the Commission as required by law. Senator Morfeld requested that the Commission describe its position on reopening its prior approval of the route or requiring TransCanada to cease condemnation efforts pending a reapplication given the route changes.

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    Nebraska State Sen. Eliot Bostar & Sen. Adam Morfeld Letter To PSC Re: Keytone XL

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    hefflinger
    720 views2 pages
    Senator Morfeld wrote to the Nebraska Public Service Commission regarding TransCanada's Keystone XL pipeline project. He noted that the presidential permit required for the project had been revoked, yet TransCanada continued condemnation actions against Nebraska landowners. Additionally, TransCanada had modified the approved pipeline route without seeking reapproval from the Commission as required by law. Senator Morfeld requested that the Commission describe its position on reopening its prior approval of the route or requiring TransCanada to cease condemnation efforts pending a reapplication given the route changes.

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    Nebraska State Sen. Eliot Bostar & Sen. Adam Morfeld letter to PSC re: Keytone XL

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    Nebraska State Sen. Eliot Bostar & Sen. Adam Morfeld letter to PSC re: Keytone XL

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    Senator Morfeld wrote to the Nebraska Public Service Commission regarding TransCanada's Keystone XL pipeline project. He noted that the presidential permit required for the project had been revoked, yet TransCanada continued condemnation actions against Nebraska landowners. Additionally, TransCanada had modified the approved pipeline route without seeking reapproval from the Commission as required by law. Senator Morfeld requested that the Commission describe its position on reopening its prior approval of the route or requiring TransCanada to cease condemnation efforts pending a reapplication given the route changes.

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    © All Rights Reserved
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    Download as pdf or txt
    720 views2 pages

    Nebraska State Sen. Eliot Bostar & Sen. Adam Morfeld Letter To PSC Re: Keytone XL

    Uploaded by

    hefflinger
    Senator Morfeld wrote to the Nebraska Public Service Commission regarding TransCanada's Keystone XL pipeline project. He noted that the presidential permit required for the project had been revoked, yet TransCanada continued condemnation actions against Nebraska landowners. Additionally, TransCanada had modified the approved pipeline route without seeking reapproval from the Commission as required by law. Senator Morfeld requested that the Commission describe its position on reopening its prior approval of the route or requiring TransCanada to cease condemnation efforts pending a reapplication given the route changes.

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    of 2

    SENATOR ADAM MORFElD

    COMMITTEES
    District 46
    State Capitol Education
    PO Box 94604 Judiciary
    Lincoln, Nebraska 68509·4604 Committee on Committees
    (402) 471·2720 Education Commission of the States
    [email protected]

    May 25,2021

    Nebraska Public Service Commission


    1200 N Street
    Suite # 300
    Lincoln, NE 68508

    Re: Order on TransCanada Application No. OP-0003

    Commissioners:

    TransCanada filed an Application, PSC No. OP-0003, with the Public Service
    Commission on February 16, 2017 seeking approval for the route of its proposed
    KXL Pipeline pursuant to the Major Oil Pipeline Siting Act (MOPSA).

    In its 2017 Application, TransCanada stated "Keystone is filing this Application for
    route approval. Keystone also has submitted a renewed application for a
    Presidential Permit to allow the border crossing from Canada to the United States."

    On November 20, 2017 the PSC entered an Order granting the Application.

    On January 20, 2021, an Executive action by President Joe Biden on protecting


    Public Health and the Environment and Restoring Sciences to Tackle the Climate
    Crisis revoked the March 29, 2019 Presidential Permit previously granted to
    TransCanada by former President Donald Trump and upon which construction of
    the KXL Pipeline was dependent and based. The 2021 revocation of the permit also
    found KXL disserves the U.S. National interest.

    Despite the revocation of the critical President Permit for completion of the
    proposed KXL pipeline, TransCanada continues condemnation actions against
    Nebraskans across this state. Those condemnation actions would result in taking
    Nebraska land forever for a project that cannot be built and is subjecting
    Nebraska landowners and citizens to on-going costs and uncertainty.

    Additionally, TransCanada has materially changed the Nebraska route after PSC
    approval, and under MOPSA, any substantive change to the approved route
    requires re-approval by the PSC.
    TransCanada has failed to seek re-approval despite admitting in recent court filings
    that the PSC has exclusive jurisdiction of this issue stating "Except as otherwise
    provided in the Administrative Procedure Act, the commission [Public Service
    Commission] shall have original exclusive jurisdiction to determine ... the scope or
    meaning of a ... permit, tariff, rule or regulation ... "

    The PSC does have jurisdiction to reopen this matter and alter or amend, including
    rescind, the prior Mainline Alternative Route approval, or in the alternative require
    all of TransCanada's efforts related to condemnation cease pending re-application
    given they have modified the approved route.

    Please describe the PSC position and what you believe your role is on the issues
    discussed above.

    Sen firfeld
    tor
    District 46
    Senator Eliot Bostar
    District 29

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