Nebraska PSC denies TransCanada Keystone XL reconsideration petition

Dec. 19, 2017
The Nebraska Public Service Commission unanimously denied TransCanada Corp.’s petition for reconsideration of the PSC’s earlier approval of a mainline alternative for the proposed Keystone XL crude oil pipeline through the Cornhusker State.

The Nebraska Public Service Commission unanimously denied TransCanada Corp.’s petition for reconsideration of the PSC’s earlier approval of a mainline alternative for the proposed Keystone XL crude oil pipeline through the Cornhusker State (OGJ Online, Nov. 20, 2017).

Opponents considered the Dec. 19 order a victory because it keeps TransCanada from filing an amended application for federal approval and forces it to submit a new one requiring fresh environmental reviews and setting the stage for more legal challenges.

“It’s absolutely the worst decision possible for TransCanada, and the best possible outcome for landowners and the protection of their property rights,” said Brian E. Jorde, a lawyer with DominaLaw Group LLC in Lincoln. “The PSC process is over now, and the appeal process of the PSC decision can begin and run all the way through the courts.”

In a statement, a TransCanada spokesman said the project’s sponsor was reviewing the ruling and considering the appropriate next steps in Nebraska.

“More importantly, Keystone XL remains a viable project with strong commercial support,” the spokesman said. “The project continues to have widespread support of the US and Canadian governments as well as state and provincial governments in Montana, South Dakota, Nebraska, Saskatchewan, and Alberta. President Trump and his administration continue to actively support Keystone XL and we expect to secure final federal permits in early 2018. We remain committed to the project,” he said.

Contact Nick Snow at [email protected].