Proposed fine against Dakota Access company to get hearing

BISMARCK, N.D. -- The developer of the Dakota Access pipeline will have to present evidence at a hearing to prove the company didn't willfully violate North Dakota rules when it failed to provide details of how it planned to avoid disturbing Native American artifacts during construction, state regulators said.

Texas-based Energy Transfer Partners last October diverted construction of the $3.8 billion pipeline around artifacts without running the plan by the Public Service Commission, which oversees pipelines. Commission staffers say that warrants a fine of at least $15,000, even though the artifacts weren't disturbed.

ETP maintains it didn't intentionally violate state rules and that public comments in November by Public Service Commission Chairwoman Julie Fedorchak illustrate the minor nature of the incident. Fedorchak said she was "disappointed" with the developer's conduct but acknowledged it might have resulted from miscommunication within the company.

The three-member commission on Tuesday rejected the company's request to dismiss the complaint, saying whether there was a willful violation should be determined at a hearing. The commission's order also contends Fedorchak's comments aren't relevant.

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