Updated October 17, 2024
Note: Some activity in these dockets refer to the Iowa Utilities Commission by the agency's name prior to July 1, 2024, Iowa Utilities Board (IUB).
Summit Carbon Solutions - SCS Carbon Transport Dockets
Summit Carbon Solutions (Summit Carbon) and an affiliated company, SCS Carbon Transport LLC (SCS), propose to construct the following 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, a pipeline the company proposed to construct in an application in Docket No. HLP-2021-0001. On June 20, 2023, Sierra Club Iowa Chapter filed a motion to consolidate 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 - On June 28, 2024, SCS filed a request to hold public informational meetings from August 26 to September 20, 2024, for a carbon capture and sequestration project spanning 23 counties with approximately 340 miles of 6- and 8-inch diameter CO2 pipeline. SCS proposes to build 18 trunk and lateral pipelines that would connect POET Bioprocessing (POET) and Valero Renewables (Valero) facilities to Summit Carbon's proposed Midwest Carbon Express. SCS provided county-specific maps in the respective dockets. The IUC approved the meeting dates by letter on July 5. All informational meetings have now concluded. They were held in the following counties (docket numbers shown in parentheses):
Adams County β 6 p.m. August 26, 2024 β Corning Opera House Cultural Center, 800 Davis Ave., Corning (HLP-2024-0006)
Montgomery County β Noon August 27, 2024 β Red Coach Inn, 1200 Senate Ave., Red Oak (HLP-2024-0006)
Guthrie County β 6 p.m. August 27, 2024 β Guthrie County Activity Center, 209 State St., Guthrie Center (HLP-2024-0004)
Greene County β Noon August 28, 2024 β Clover Hall, Greene County Fairgrounds, 601 E. Lincoln Way, Jefferson (HLP-2024-0004)
Webster County β 6 p.m. August 28, 2024 β Cardiff Center, Fort Frenzy, 3232 First Ave S., Fort Dodge (HLP-2024-0003)
Hamilton County β Noon August 29, 2024 β Jewell Golf Club Banquet Room, 1225 Main St., Jewell (HLP-2024-0002)
Hardin County β 6 p.m. August 29, 2024 β Albrights Bluff, 119 Main St., Iowa Falls (HLP-2024-0002)
Buchanan County β 6 p.m. September 9, 2024 β Hazleton American Legion, 105 Hayes St. W., Hazleton (HLP-2024-0001)
Fayette County β Noon September 10, 2024 β Oelwein Coliseum, 101 First St. S.W., Oelwein (HLP-2024-0001)
Bremer County β 6 p.m. September 10, 2024 β The Centre Hall, 1211 Fourth St. S.W., Waverly (HLP-2024-0001)
Butler County β Noon September 11, 2024 β Greene Community Center, large room, 202 W. South St., Greene (HLP-2024-0001)
Floyd County β 6 p.m. September 11, 2024 β Swartzrock Community Center, Floyd County Fairgrounds, 2516 Seven Mile Road, Charles City (HLP-2024-0001, HLP2024-0008)
Mitchell County β Noon September 12, 2024 β South Square, 202 S. Washington St., St. Ansgar (HLP-2024-0009)
Worth County β 6 p.m. September 12, 2024 β Lanterns and Lace, 3586 Orchid Ave., Manly (HLP-2024-0009)
Hancock County β Noon September 13, 2024 β Viaduct Center, 255 US Highway 69 St., Garner (HLP-2024-0010)
Kossuth County β 6 p.m. September 16, 2024 β Eagle Center, 401 Smith St., Lakota (HLP-2024-0010)
Palo Alto County β Noon September 17, 2024 β Iowa Lakes Community College, half of fourplex, 3200 College Drive, Emmetsburg (HLP-2024-0011)
Clay County β 6 p.m. September 17, 2024 β Occasions, First Avenue East, Spencer (HLP-2024-0012)
Osceola County β Noon September 18, 2024 β Melvin American Legion Community Building, 225 State Highway 313, Main Street, Melvin (HLP-2024- 0014)
OβBrien County β 6 p.m. September 18, 2024 β Primghar Community College, 215 First St. SE., Primghar (HLP-2024-0013, HLP-2023-0014)
Sioux County β Noon September 19, 2024 β Prairie Winds Event Center, 908 Eighth St. S.E., Orange City (HLP-2024-0007)
Ida County β 6 p.m. September 19, 2024 β Cobblestone Holstein, 2011 Indorf Ave., Holstein (HLP-2024-0005)
Buena Vista County β Noon September 20, 2024 β Cobb Tavern Ballroom, 98 Lakeshore Drive, Lakeside (HLP-2024-0012)
At the meetings, the IUC's role was to verify SCS complied with the informational meeting requirements in 199 Iowa Administrative Code 13.2. SCS began filing its permit applications in these dockets on October 11, 2024.
Initial Application filed by Summit Carbon Solutions - Docket No. HLP-2021-0001
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 in the overall project proposed by Summit Carbon.
Regarding Docket No. HLP-2021-0001, over 34 months the IUC:
- 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 IUC issued its Final Decision and Order in Docket No. HLP-2021-0001 on June 25, 2024. Read the complete order.
The order begins with an executive summary:
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 Carbonβs 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 Carbonβs 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 Boardβs 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 Carbonβs 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 Boardβs 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 the 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.
Permit issued
On August 28, 2024, the IUC issued a permit to Summit Carbon Solutions to construct the 688.01-mile hazardous liquid pipeline. The IUC found Summit Carbon was in substantial compliance with the Final Decision and Order issued in the docket and noted that Summit Carbon, although receiving a permit, still must meet all conditions of the June 25 order before it is allowed to begin construction.
Additional Information
Pipeline Permit Process
The IUC 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 IUC. 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 IUCβs 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@iuc.iowa.gov.
- In writing - Submit written comments to Iowa Utilities Commission, 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 IUC.
The IUC does not respond to or address written comments, but they are reviewed and when the IUC makes its decision in the case.
Learn more
Common Questions for affected landowners (regarding the public evidentiary hearing in Docket No. HLP-2021-0001)
News releases
IUB concludes public evidentiary hearing for proposed Summit Carbon pipeline (November 9, 2023)
IUB approves Summit Carbon's hazardous liquid pipeline application with modifications (June 25, 2024)
IUC issues pipeline permit to Summit Carbon Solutions (August 28, 2024)