If The Forum is going to continue to opine about the North Dakota Public Service Commission's actions related to the Keystone Pipeline being proposed through eight counties of our state, they ought to try to get a few of the facts accurate.
In its editorial on Friday, Oct. 26, Forum editors made several wrong statements.
They claim the PSC "reluctantly decided to reopen hearings" to accommodate the city of Fargo's late motion. The first error is the PSC has not decided Fargo's motion to reopen the hearings. That would be illegal. We must first give notice 10 days before having a meeting to discuss that possibility. Then we have to notice the meeting where the vote will take place. I'm surprised The Forum isn't more familiar with the state's open meetings laws.
The Forum specifically referenced my frustration over Fargo officials' negligence for not raising concerns about the proposed pipeline sooner. As frustrated as I am, I would think The Forum and residents of Fargo would be even more concerned that two years worth of open meetings, countless news reports, printed maps, legal notices and four public evidentiary hearings were not responded to by the people charged with looking out for Fargo's interests. I made the motion to delay the decision on permitting the pipeline for more than five weeks against the objections of the company and a colleague because the people of Fargo should not be punished by the negligence of their local officials. My motion prevailed, and the decision has been delayed to accommodate the possibility of late-filed information. My decision was not "reluctant."
The Forum further contends, and has in several other editorials, that the PSC appears more interested in the priorities of the Canadian company than in the objections of North Dakotans. Only a newspaper could make such a claim without evidence. The Forum ought to look through the voluminous evidentiary record in this case and read the
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1,070-page transcript of sworn testimony to see if we have denied residents the right to have concerns raised and heard.
The fact is each member of the PSC and our staff has given more than the legal standard of evidentiary diligence to the concerns of the residents of North Dakota in this case and will continue to. If you don't believe me, ask the company attorneys or the judge in the case.
Beyond the public meetings and hearings, I have met with residents and landowners along the route. I have been to farms and walked along rivers. I have accessed satellite photos and maps to get a clear idea of the potential impact of the pipeline.
The Forum ought to be as concerned about the residents of North Dakota as the members of the PSC have been in this case. The Forum ought to ask Fargo's public officials where they were the past two years when maps and notices were being published and meetings being held.
At the properly noticed work session scheduled for Wednesday, I will ask my fellow commissioners to reopen the case so Fargo officials can testify and bring their evidence into the record. I do it willfully and enthusiastically with no reluctance. Not because The Forum editors suggest it, but because the residents of Fargo deserve it. If at least one of my colleagues agrees with me, we will have the opportunity to hear the testimony of Fargo's witnesses and to cross-examine them. It would be a good opportunity for Forum editors to actually see firsthand how the Public Service Commission works. Maybe then they could be a little better informed.
Cramer is commissioner with the N.D. Public Service Commission. E-mail kcramer@nd.gov
First, Forum should get facts about how the PSC operates By Kevin Cramer 20071030
