Updated June 25, 2024
Summit Carbon Solutions, LLC (Summit Carbon), filed a petition (application) in January 2022 to construct, maintain, and operate 688 miles of of 6- to 24-inch diameter pipeline. The project, known as the Midwest Carbon Express, is the main pipeline proposed by Summit Carbon.
Over 34 months, the IUB:
- conducted 33 public informational meetings
- received approximately 50,000 pages of prefiled testimony and exhibits from hundreds of witnesses and landowners
- held a public hearing over 25 days
- accepted more than 150 intervenors into the docket
- heard testimony at hearing from more than 200 witnesses and landowners
- reviewed nearly 7,500 pages of hearing transcript, and
- reviewed almost 4,200 written comments, including 600 filed after the deadline set by Iowa law.
Final Decision and Order issued
Having reviewed the record, the IUB issued its Final Decision and Order in Docket No. HLP-2021-0001 on June 25, 2024. Read the complete order. Following is the Executive Summary provided with the order:
On January 28, 2022, Summit Carbon Solutions, LLC (Summit Carbon), filed its petition, as revised, to construct, operate, and maintain approximately 688.01 miles of hazardous liquid pipeline through 29 Iowa counties. The hearing regarding Summit Carbon’s petition occurred in Fort Dodge, Iowa, beginning on August 22 and concluding on November 8, 2023. During the hearing, the Board admitted tens of thousands of pages of testimony and exhibits, heard testimony from more than 200 witnesses, and admitted approximately 4,180 comments, objections, and letters of support filed in the docket, including approximately 600 comments filed after the deadline set by Iowa law.
After weighing numerous factors for and against Summit Carbon’s petition, the Board found that the service to be provided by Summit Carbon will promote the public convenience and necessity. The Board found Summit Carbon could be vested with the right of eminent domain and, based upon this finding, the Board examined each of the 859 outstanding parcels subject to a request for eminent domain to determine, based upon the record, whether to approve, deny, or modify each request.
Additionally, as part of the order, Summit Carbon will be required to submit numerous revised exhibits as compliance filings for the Board’s review, prior to the Board issuing the permit or Summit Carbon commencing construction. Several conditions will be attached to the permit as well, including but not limited to requiring Summit Carbon to obtain and maintain at least a $100 million insurance policy, comply with certain construction methods, and ensure landowners and tenants are compensated for damages that may result from the construction of Summit Carbon’s hazardous liquid pipeline.
Included with the order, Board Chair Helland issued a concurrence in part and dissent in part in which he agreed with all of the findings and conclusions except for a condition that prohibits Summit Carbon from beginning construction until it has obtained agency-level approval for a route and sequestration site in North Dakota and a route in South Dakota. Board Chair Helland stated he would not have placed this condition on the permit as it gives away the Board’s authority to another jurisdiction, contrary to the duties assigned to the Board by the Iowa Legislature.
Board Member Byrnes issued a concurrence in part and dissent in part in which he agreed with all of the findings and conclusions except for the approval of the lateral between the Quad County Corn Processors, Inc., facility in Ida County, Iowa, and the Green Plains Shenandoah facility in Fremont County, Iowa. Board Member Byrnes stated he does not find that portion of the route to be just and proper after weighing the evidence.
The concurrences in part and dissents in part do not impact the findings and conclusions of the order as all three Board members find the proposed service provided by Summit Carbon is in the public convenience and necessity and vest Summit Carbon with the right of eminent domain.
NOTE: The purpose of this executive summary is to provide readers a brief summary of the decision. While the executive summary reflects the order, it shall not be considered to limit, define, amend, or otherwise affect in any manner the body of the order, including the findings of fact and conclusions of law.
All material filed in the docket can be found in the IUB's electronic filing system (EFS) under Docket No. HLP-2021-0001.
Related Dockets
Summit Carbon and an affiliated company, SCS Carbon Transport, LLC (SCS), propose the following additional hazardous liquid pipeline projects in 15 dockets:
Docket No. HLP-2023-0004 - Summit Carbon filed on June 19, 2023, a request for informational meetings in Floyd and Mitchell counties regarding an additional 31-mile, 6-inch diameter pipeline that would connect to the Midwest Carbon Express. On June 20, 2023, Sierra Club Iowa Chapter filed a motion to consolidate the docket with Docket No. HLP-2021-0001. The IUB issued an order on July 27, 2023, denying the motion for consolidation. Public informational meetings have been held in Floyd and Mitchell counties, as required. Summit Carbon has not yet filed its permit application.
Docket Nos. HLP-2024-0001 through HLP-2024-0014 - SCS filed a request on March 4, 2024, to hold public informational meetings in 22 counties regarding a proposal to construct 340 miles of 6- and 8-inch diameter hazardous liquid pipelines. The company proposes to build 18 trunk and lateral pipelines that would connect POET Bioprocessing (POET) and Valero Renewables (Valero) facilities to the proposed Midwest Carbon Express. On March 11, 2024, the company filed an additional request to hold a 23rd informational meeting. SCS proposed informational meeting dates for April 22 to May 9, 2024, for the project. The IUB responded by letter on March 14, requiring the company to select alternative dates. The company has not filed for alternative informational meeting dates.
Additional Information
Permit Process
The IUB has authority over the routing and siting of hazardous liquid pipelines in Iowa. When a company wants to build a pipeline to transport a hazardous liquid, it must first get a permit from the IUB. Requirements can be found in Iowa Code chapter 479B. Public informational meetings are the first step in the process. A company cannot file an application until at least 30 days after an informational meeting has been held in the affected county.
Comments, objections, and letters of support
You may submit information in any open docket by one of these methods:
- Online - Use the IUB’s Open Docket Comment Form. You can also choose whether to receive email notifications when there are filings in the docket.
- By email - Send to customer@iub.iowa.gov.
- In writing - Submit written comments to Iowa Utilities Board, Attn: Customer Service, 1375 E. Court Ave., Des Moines, IA 50319-0069.
Be sure to include the docket number on your comments.
All written comments, objections, and letters of support are filed in the docket and become part of the public record. This information is made available to the Office of Consumer Advocate (OCA), a division of the Department of Justice, which represents the public interest in cases before the IUB.
The IUB does not respond to or address written comments, but they are reviewed and when the IUB makes its decision in the case.
Learn more
Common Questions for affected landowners (regarding the public evidentiary hearing in Docket No. HLP-2021-0001)
IUB concludes public evidentiary hearing for proposed Summit Carbon pipeline (News release, November 9, 2023, in Docket No. HLP-2021-0001)