BISMARCK - The Public Service Commission wants to know why it's still getting North Dakota landowners' complaints that Keystone Pipeline agents won't negotiate easement terms and, instead, are threatening condemnation proceedings.
"They talk about good faith negotiations but all I've seen from them is: 'This is the offer. If you don't like it then it is too bad,' " wrote one landowner, Jim Belanus of Walhalla, last week, in an e-mail to the PSC. "Their easement guys say, 'Take it or leave it.' "
Commissioners said Wednesday that they'll write to TransCanada, developers of the crude oil pipeline, asking about complaints and the company's standard easement-buying procedures.
"For me, this is an ongoing concern," said Commissioner Tony Clark. "We were told at the (Sept. 5-6) hearing that this was taken care of and it wasn't."
Commissioner Susan Wefald said that other states may allow a pipeline company to obtain easements easier than in North Dakota. But here, she said, "Negotiations are part of the process."
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The commission's lawyer suggested setting up a meeting with the company if the complaints continue to come.
The TransCanada Keystone Pipeline would be built next year, north-to-south between Walhalla and Oakes, part of a 1,845-mile line from northern Alberta, Canada, to refineries in Illinois.
The PSC is considering whether to grant a sitting permit allowing the line to be built through the state. The decision could come next month. More than 600 landowners in North Dakota are affected.
Landowners also testified at the PSC's September hearing about similar tactics. Others had testified at July 23-24 hearings in Valley City and Park River, commissioners said.
Last month company representatives testified that its policy is to treat landowners politely and respectfully, and that it would not tolerate noncompliant behavior by agents.
A spokesman for the Keystone project, Jeff Rauh, said Wednesday that the company has been trying to reach the landowners who have complained, in an attempt to work out problems, but has been unsuccessful reaching them.
"We treat allegations like this very, very seriously," he said.
Commissioners said Wednesday they have no power in state law to regulate how easements are obtained. They debated whether they can take any kind of advocacy role for North Dakotans.
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"Furthermore, we have been admonished several times by the attorney general not to give legal advice," Commissioner Kevin Cramer wrote to one landowner who complained, Barry Vculek, of Oakes.
Cole works for Forum Communications Co., which owns The Forum. She can be reached at (701) 224-0830 or forumcap@btinet.net
