October 19, 2022, IUB scheduling conference to discuss potential hearing dates

Today the Iowa Utilities Board (IUB) issued an order addressing an October 7, 2022, motion by NuStar pipeline Operating Partnership L.P. (NuStar) to reschedule the IUB’s public hearing date for the presentation of evidence and the cross-examination of witnesses from October 19, 2022, in Lee County, Iowa, to a date to be determined by the IUB. NuStar filed the motion to reschedule due to an error regarding sending notice to landowners and any affected person with an interest in the property over which eminent domain is being requested, as required by IUB rules found at 199 Iowa Administrative Code chapter 13.4(4)

Today’s order continues the hearing and sets a scheduling conference to be held at 10 a.m. October 19, 2022, in the IUB’s Hearing Room for the parties in the docket to discuss potential hearing dates.

During the IUB’s October 11 monthly public meeting, the motion to reschedule the hearing, including potential hearing dates was discussed by the IUB, a NuStar representative, and the Office of Consumer Advocate, a division of the Iowa Department of Justice. The IUB has reviewed the motion and an objection to rescheduling the hearing filed by Hayes Menke 9, LLC, and determined the hearing must be rescheduled from the original date to allow proper notice to be provided to all affected persons in compliance with IUB rules.

NuStar is proposing to build a hazardous liquid pipeline project that is pending before the IUB in Docket No. HLP-2021-0002. On January 27, 2022, NuStar filed a petition (application) with the IUB under Iowa Code chapter 479.B for a permit to construct, operate, and maintain 13.74 miles of hazardous liquid pipeline in Lee County to transport anhydrous ammonia.

Under Iowa Code section 479.B6(2), if the proposed hazardous liquid pipeline exceeds five miles in length, the public hearing shall be held in the county seat located at the midpoint of the pipeline. NuStar’s proposed pipeline would be located entirely in Lee County. Documents regarding the proposed NuStar pipeline project are available for review in the IUB’s electronic filing system under Docket No. HLP-2021-0002.