| January 2024 |
The Company Says They Will Refile “Soon”.
By Joyce Blumenshine
On December 4th, 2023, the Illinois Commerce Commission (ICC) expert staff assigned to the Wolf Carbon Solutions US LLC (WCSUS) permit application case issued their five page comment stating they did not object to WCSUS’s Motion to Withdraw Application Without Prejudice. That document contains this important comment from page 4:
11. Another factor the Commission should consider in reviewing the Company’s Motion, as discussed in Staff’s testimony, is the federal Pipeline and Hazardous Materials Safety Administration's (“PHMSA”) upcoming rulemaking to update and strengthen its regulations pertaining to CO2 pipelines. With the safety of Illinois citizens of paramount concern to Commission Staff, Staff recommended the Commission deny WCSUS’s Application based on safety concerns until such time that PHMSA completes its rulemaking process. (Staff Ex. 1.0, 44.) As Staff testified, approving the Company’s application prior to the conclusion of the PHMSA rulemaking could cause the Company to be out of compliance with the new regulations, causing safety concerns, costly modifications, a shutdown, or grandfathering in a non-complying pipeline, among other scenarios. (Staff Ex. 1.0, 32-33.) ..........
12. For these reasons, Staff encourages WCSUS to refrain from filing another application for a certificate of authority to construct and operate a carbon dioxide pipeline in Illinois until after the PHMSA publishes its final rule updating standard for carbon dioxide pipelines, and until such time that WCSUS is able to adequately address all of Staff’s concerns detailed in Staff’s Direct Testimony.
On January 3rd, 2024, the ICC full Board of Commissioners unanimously approved the request by Wolf to withdraw their application to build and operate a high-pressure carbon dioxide pipeline across nine counties in Illinois, including several in the HOI Sierra group area.
The Wolf document to withdraw their application was filed on November 20th, 2023, the day before the ICC deadline for the company to provide their responses to expert comments submitted by Citizens Against Predatory Pipelines. In their request to withdraw their permit Wolf stated that, “WCSUS intends to file a new application for a Certificate of Authority to construct and operate a carbon dioxide transportation pipeline pursuant to 220 ILCS 75/1 et seq. soon.”
CAPP – Citizens Against Predatory Pipelines, organized in July, 2023, specifically with the focus to stop the Wolf CO2 pipeline. The group hired an attorney, who submitted eighteen comments on October 24th, 2023, to counter claims made by Wolf experts and challenge the permit application. Wolf originally filed for this state permit June 16th, 2023. During the intervening six months, CAPP has actively been fundraising to pay attorney and expert fees. See the related article in this issue of Tallgrass Sierran regarding donations to CAPP.
Volunteers with Central Illinois Healthy Community Alliance began contacting groups, individuals, and organizations throughout areas expected to be impacted by the pipeline in early 2023 and efforts will continue. For more information or how you can help contact Joyce at 309-678-1011.
