BREAKING: IUB to DAPL: Get Insurance by Tuesday

Happy Friday Folks –

Below is the official order from the Iowa Utilities Board (IUB) regarding DAPL letting the insurance on its oil pipeline lapse (click here to see the original). Yeah, I know, releasing news on a Friday afternoon is a great way to suppress it. Let’s do what we can to change that. Read the order, below, and help circulate the press release I sent out here. Thanks! – Ed

[BREAKING AS OF 4:40 P.M. Central Time: Fallon just got off the phone with IUB staff person who said, “I can’t confirm whether Dakota Access does or does not have insurance right now.”]

IN RE:
DAKOTA ACCESS, LLC
STATE OF IOWA DEPARTMENT OF COMMERCE UTILITIES BOARD
DOCKET NO. HLP-2014-0001

ORDER REGARDING INSURANCE REQUIREMENT
(Issued June 9, 2017)

On March 10, 2016, the Utilities Board issued its “Final Decision and Order” in this docket. In the order, among other things, the Board directed Dakota Access, LLC (Dakota Access), to file and maintain at least $25,000,000 in general liability insurance, to be re-filed and reviewed each time it is renewed for the life of the pipeline. (See Ordering Clause No. 3.a at p. 153.)

On March 16, 2016, Dakota Access filed general liability, excess liability, and umbrella insurance policies with the Board, followed by public (redacted versions) on June 1, 2016. The filing included confirmation of coverage for the term from March 15, 2016, to March 15, 2017. On March 22, 2017, Dakota Access filed written endorsements extending the terms of the policies to May 1, 2017. Dakota Access said that it intended to renew or replace the policies for a longer term on or about May 1, 2017, and would file written evidence of the renewal or replacement promptly thereafter. Then, on May 15, 2017, filed endorsements further extending the terms of the policies to June 1, 2017, and said that because the pipeline was expected to go

DOCKET NO. HLP-2014-0001 PAGE 2

into service in the near future, it had secured new policies to replace the existing policies, which “will be filed with the Board as soon as they are available.”

As of June 7, 2017, no such filing has been made. It is important that the Board have accurate, up-to-date information regarding the insurance for this pipeline. Accordingly, the Board will direct Dakota Access to file, on or before June 13, 2017, either (a) the new insurance policies or (b) a detailed report describing the status of the policies and stating when they will be filed.

IT IS THEREFORE ORDERED:
On or before June 13, 2017, Dakota Access, LLC, shall file either (a) insurance policies complying with the requirements of Ordering Clause No. 3.a in the “Final Decision and Order” issued in this docket on March 10, 2016, or (b) a detailed report describing the status of insurance for the pipeline that is the subject of this docket, including a statement of when new insurance policies will be filed.

ATTEST:
/s/ Trisha M. Quijano
UTILITIES BOARD
/s/ Geri D. Huser
/s/ Nick Wagner

Executive Secretary, Designee
Dated at Des Moines, Iowa, this 9th day of June 2017.

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