# DAKOTA GASIFICATION COMPANY — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 32024036NOPV
- **title:** DAKOTA GASIFICATION COMPANY — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** current
- **official:** true
- **published on:** 2024-06-28
- **effective on:** Not available
- **summary:** OPEN notice of probable violation citing 195.452(f)(1), 195.452(f)(3), 195.452(g)(1), 195.452(g)(4), 195.54(a), 195.577(a).
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- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-32024036nopv.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-32024036nopv
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/32024036NOPV
**body:**

Notice of Probable Violation involving DAKOTA GASIFICATION COMPANY. PHMSA's enforcement data identifies the cited regulations as 195.452(f)(1),  195.452(f)(3),  195.452(g)(1),  195.452(g)(4),  195.54(a),  195.577(a). The case was opened on 2024-06-28 and is reported as open. Proposed civil penalty: $78,600. Assessed civil penalty: $48,800. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

32024036NOPV_Consent Agreement and Order_06232025_(23-264742).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024036NOPV/32024036NOPV_Consent%20Agreement%20and%20Order_06232025_(23-264742).pdf

32024036NOPV_Consent Agreement and Order_06232025_(23-264742)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024036NOPV/32024036NOPV_Consent%20Agreement%20and%20Order_06232025_(23-264742)_text.pdf

32024036NOPV_Consent Agreement Modification (Second)_06182026_(23-264742).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024036NOPV/32024036NOPV_Consent%20Agreement%20Modification%20(Second)_06182026_(23-264742).pdf

32024036NOPV_Consent Agreement Modification (Second)_06182026_(23-264742)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024036NOPV/32024036NOPV_Consent%20Agreement%20Modification%20(Second)_06182026_(23-264742)_text.pdf

32024036NOPV_Consent Agreement Modification_03312026_(23-264742).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024036NOPV/32024036NOPV_Consent%20Agreement%20Modification_03312026_(23-264742).pdf

32024036NOPV_Consent Agreement Modification_03312026_(23-264742)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024036NOPV/32024036NOPV_Consent%20Agreement%20Modification_03312026_(23-264742)_text.pdf

32024036NOPV_Operator Response to Notice and Request for Hearing and Request Informal Settlement Consultation and Statement of Issues_09092024_(23-264742).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024036NOPV/32024036NOPV_Operator%20Response%20to%20Notice%20and%20Request%20for%20Hearing%20and%20Request%20Informal%20Settlement%20Consultation%20and%20Statement%20of%20Issues_09092024_(23-264742).pdf

32024036NOPV_PCP PCO_06282024_(23-264742).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024036NOPV/32024036NOPV_PCP%20PCO_06282024_(23-264742).pdf

32024036NOPV_PCP PCO_06282024_(23-264742)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024036NOPV/32024036NOPV_PCP%20PCO_06282024_(23-264742)_text.pdf

32024036NOPV_PHC Hearing Rescheduled_03272025_(23-264742).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024036NOPV/32024036NOPV_PHC%20Hearing%20Rescheduled_03272025_(23-264742).pdf

32024036NOPV_PHC Hearing Rescheduled_03272025_(23-264742)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024036NOPV/32024036NOPV_PHC%20Hearing%20Rescheduled_03272025_(23-264742)_text.pdf

32024036NOPV_PHC Hearing Rescheduled_05212025_(23-264742).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024036NOPV/32024036NOPV_PHC%20Hearing%20Rescheduled_05212025_(23-264742).pdf

32024036NOPV_PHC Hearing Rescheduled_05212025_(23-264742)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024036NOPV/32024036NOPV_PHC%20Hearing%20Rescheduled_05212025_(23-264742)_text.pdf

32024036NOPV_PHC Hearing Scheduled_10102024_(23-264742).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024036NOPV/32024036NOPV_PHC%20Hearing%20Scheduled_10102024_(23-264742).pdf

32024036NOPV_PHC Hearing Scheduled_10102024_(23-264742)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024036NOPV/32024036NOPV_PHC%20Hearing%20Scheduled_10102024_(23-264742)_text.pdf

32024036NOPV_Consent Agreement Modification (Second)_06182026_(23-264742)_text.pdf

U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
Dakota Gasification Company, ) CPF No. 3-2024-036-NOPV
)
)
)
Respondent. )
____________________________________)
MODIFICATION TO CONSENT AGREEMENT
From August 15 through August 17 and August 22 through 23, 2023, representatives of the
Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety
(OPS), pursuant to Chapter 601 of Title 49, United States Code (U.S.C.), inspected Dakota
Gasification Company’s (DGC or Respondent) carbon dioxide pipeline in North Dakota.
As a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,
by letter dated June 28, 2024, a Notice of Probable Violation, Proposed Civil Penalty, and Proposed
Compliance Order (Notice).
On June 12, 2025, PHMSA and Respondent (the Parties) entered into a Consent Agreement
(Agreement) to resolve the Notice. The Agreement was approved by the Acting Associate
Administrator for Pipeline Safety, PHMSA, and incorporated by reference into a Consent Order
that was issued pursuant to 49 CFR § 190.219 on June 23, 2025.
Paragraph 28 of the Agreement states that the Agreement may be modified by mutual agreement
of the Parties and that such modifications must be in writing and signed by both parties. The parties
modified the Agreement pursuant to Paragraph 28 on March 31, 2026.
In accordance with Paragraph 28 of the Agreement, the Parties hereby agree to modify Paragraph
22.a. of the Agreement. The modification to Paragraph 22.a does not otherwise change any of the
other terms of the Agreement, which remain in full force and effect unmodified. This modification
supersedes and replaces the March 31, 2026 modification.
I. Modification:
Paragraph 22.a. of the Agreement is hereby struck and replaced with the following:



DGC must conduct an AC interference study and consider and prioritize the need for AC
mitigation in the areas identified as having an elevated AC risk within 15 months from
receipt of the Consent Order. The 15-month deadline may be extended upon mutual
agreement by the Parties in writing.
II. Ratification:
1. The Parties’ undersigned representatives certify that they are fully authorized to enter into
the terms and conditions of this modification and to execute and legally bind such party to this
document.
2. The Parties hereby agree to all findings, conditions, and terms of this modification.
[Signature Lines on Following Page]



For Dakota Gasification Company:
_______________________________
________________________
Date
For PHMSA:
________________________________________
Director, Central Region, Office of Pipeline Safety
________________________
Date

32024036NOPV_PHC Hearing Rescheduled_03272025_(23-264742)_text.pdf

Date: March 27, 2025
From: Joseph St. Peter
To: File
Re: Continuance of Informal Hearing in CPF No. 3-2024-036-NOPV (Dakota Gasification
Company)
By electronic mail on February 26, 2025, Ryan McClure, Counsel for Central Region, provided a
joint status update indicating that the parties have initiated settlement discussions to potentially
resolve the issues raised in the Notice of Probable Violation. The parties therefore requested the
scheduled April 2, 2025, hearing date in this matter be continued. The request is granted, and the
informal hearing in this case will be held on Thursday May 29, 2025, at 8:30 a.m. Central
Daylight Time. Pre-hearing submissions under 49 CFR § 190.211(d) are due no later than May
19, 2025.

32024036NOPV_Consent Agreement and Order_06232025_(23-264742)_text.pdf

June 23, 2025
VIA ELECTRONIC MAIL TO: tbrickhouse@bepc.com
Todd Brickhouse
President & CEO
Dakota Gasification Company
1717 East Interstate Avenue
Bismarck, ND 58503
CPF No. 3-2024-036-NOPV
Dear Mr. Brickhouse:
Enclosed please find a Consent Order incorporating the terms of the Consent Agreement between
the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Dakota
Gasification Company, which was executed on June 12, 2025. Service of the Consent Order and
Consent Agreement by electronic mail is deemed effective upon the date of transmission and
acknowledgement of receipt, or as otherwise provided under 49 CFR § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Linda Daugherty
Acting Associate Administrator
for Pipeline Safety
Enclosure: Consent Order and Consent Agreement
cc: Christopher Breiner, Compliance Supervisor, Dakota Gasification Company
cbreiner@bepc.com
Dale Johnson, Sr. VP & Plant Manager, Dakota Gasification Company, dalej@bepc.com
Maggie Olson, Senior Staff Counsel, Basin Electric Power Cooperative,



molson@bepc.com
James Martin, Outside Counsel, Beatty & Wozniak, PC, jmartin@bwenergylaw.com
CONFIRMATION OF RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
Dakota Gasification Company, ) CPF No. 3-2024-036-NOPV
)
)
)
Respondent. )
____________________________________)
CONSENT ORDER
By letter dated June 28, 2024, pursuant to 49 CFR § 190.207, the Pipeline and Hazardous
Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), issued a Notice of
Probable Violation, Proposed Civil Penalty, and Proposed Compliance Order (Notice) to Dakota
Gasification Company (DGC or Respondent).
In response to the Notice, Respondent contested the proposed civil penalty and the proposed
compliance order for certain alleged violations and requested a hearing (Response). DGC also
requested to meet informally with PHMSA to discuss the matters raised in its Response.
Respondent and PHMSA (the Parties) subsequently met on April 30, 2025. As a result of those
discussions, the Parties have agreed to a Consent Agreement by which PHMSA makes findings
of violations for each of the Items alleged in the Notice, Respondent will pay a reduced civil
penalty in the amount of $48,800, and Respondent will complete certain compliance actions.
Accordingly, the Consent Agreement is hereby approved and incorporated by reference into this
Consent Order issued pursuant to § 190.219. DGC is hereby ordered to comply with the terms of
the Consent Agreement pursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to
comply with this Consent Order may result in the assessment of civil penalties as set forth in
49 U.S.C. § 60122 and 49 CFR § 190.223, or in referral to the Attorney General for appropriate
relief in a district court of the United States.
The terms and conditions of this Consent Order are effective upon service in accordance with
49 CFR § 190.5.
______________________ ______________________
Linda Daugherty Date Issued



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
Dakota Gasification Company, ) CPF No. 3-2024-036-NOPV
)
Respondent. )
____________________________________)
CONSENT AGREEMENT
From August 15 through 17 and August 22 through 23, 2023, representatives of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant
to Chapter 601 of Title 49, United States Code (U.S.C.), inspected Dakota Gasification
Company’s (DGC or Respondent) carbon dioxide pipeline in North Dakota.
As a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,
by letter dated June 28, 2024, a Notice of Probable Violation, Proposed Civil Penalty, and
Proposed Compliance Order (Notice). In accordance with 49 CFR § 190.207, the Notice
proposed finding that DGC committed four violations of 49 CFR Part 195 (Items 1 – 4),
proposed ordering Respondent to take certain measures to correct the alleged violations, and
proposed a civil penalty of $78,600.
After receiving an extension of time to respond to the Notice, DGC submitted a substantive
response by letter dated September 9, 2024 (Response). Respondent contested several of the
alleged violations, the proposed civil penalty, and the proposed compliance order, and requested
a hearing. DGC also requested to meet informally with PHMSA to discuss the matters raised in
its Response. DGC supplemented its response by letter dated January 17, 2025 (Supplemental
Response).
PHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the
Response. As a result of those discussions and as explained in more detail below, the Parties
have agreed to a Consent Agreement by which PHMSA makes findings of violations for each of
the Items alleged in the Notice, Respondent will pay a reduced civil penalty in the amount of
$48,800, and Respondent will complete certain compliance actions.
Having agreed that settlement of this proceeding will avoid further administrative proceedings or
litigation and will serve the public interest by promoting safety and protection of the
environment, pursuant to 49 U.S.C. § 60101, et seq. and 49 CFR Part 190, and upon consent and
agreement, the Parties hereby agree as follows:



I. General Provisions
1. Respondent acknowledges that as the operator of the pipeline facilities subject to
the Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the
Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative
orders issued thereunder. For purposes of this Consent Agreement (Agreement), Respondent
acknowledges that it received proper notice of PHMSA’s action in this proceeding and that the
Notice states claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq.,
and the regulations and orders issued thereunder.
2. After Respondent returns this signed Agreement to PHMSA, the Agency’s
representative will present it to the Associate Administrator for Pipeline Safety, recommending
that the Associate Administrator adopt the terms of this Agreement by issuing an administrative
order (Consent Order) incorporating the terms of this Agreement. The terms of this Agreement
constitute an offer of settlement until accepted by the Associate Administrator. Once accepted,
the Associate Administrator will issue a Consent Order incorporating the terms of this Agreement.
3. Respondent consents to the issuance of the Consent Order, and hereby waives any
further procedural requirements with respect to its issuance. Respondent waives all rights to
contest the adequacy of notice, or the validity of the Consent Order or this Agreement, including
all rights to administrative or judicial hearings or appeals, except for the Dispute Resolution
provisions set forth herein. Respondent agrees to withdraw its request for an administrative
hearing regarding the Notice.
4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its
officers, directors, and employees, and its successors, assigns, or other entities or persons
otherwise bound by law. Respondent agrees to provide a copy of this Agreement and any
incorporated work plans and schedules to all of Respondent’s officers, employees, and agents
whose duties might reasonably include compliance with this Agreement.
5. This Agreement constitutes the final, complete and exclusive agreement and
understanding between the Parties with respect to the settlement embodied in this Agreement.
The Parties acknowledge that there are no representations, agreements or understandings relating
to settlement other than those expressly contained in this Agreement, except that the terms of this
Agreement may be construed by reference to the Notice.
6. Nothing in this Agreement affects or relieves Respondent of its responsibility to
comply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,
et seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters
PHMSA's right of access, entry, inspection, and information gathering or PHMSA's authority to
bring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the
regulations and orders issued thereunder, or any other provision of Federal or State law.
7. For all transfers of ownership or operating responsibility of Respondent’s pipeline
system referenced herein, Respondent will provide a copy of this Agreement to the prospective



transferee at least 30 days prior to such transfer. Respondent will provide written notice
of the transfer to the Director no later than 60 days after the transfer occurs.
8. This Agreement does not waive or modify any Federal, State, or local laws or
regulations that are applicable to Respondent’s pipeline systems. This Agreement is not a
permit, or a modification of any permit, under any Federal, State, or local laws or regulations.
Respondent remains responsible for achieving and maintaining compliance with all applicable
Federal, State, and local laws, regulations and permits.
9. This Agreement does not create rights in, or grant any cause of action to, any third
party not party to this Agreement. The U.S. Department of Transportation is not liable for any
injuries or damages to persons or property arising from acts or omissions of Respondent or its
officers, employees, or agents carrying out the work required by this Agreement. Respondent
agrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,
and representatives from any and all causes of action arising from any acts or omissions of
Respondent or its contractors in carrying out any work required by this Agreement.
10. Except as set forth herein, this Agreement does not constitute a finding of
violation of any other federal law or regulation and may not be used in any civil proceeding of
any kind as evidence or proof of any fact, fault or liability, or as evidence of a violation of any
law, rule, regulation, or requirement, except in a proceeding to enforce the provisions of this
Agreement or in future PHMSA enforcement actions.
II. Findings of Violation:
11. Item 1- 49 CFR § 195.54(a): The Notice alleged DGC failed to report three
reportable accidents within the 30-day time frame required by § 195.54(a). Respondent does not
contest the allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of
49 CFR § 195.54(a).
12. Item 2 – 49 CFR § 195.452(f)(3): The Notice alleged that DGC failed to provide
in its Carbon Dioxide Pipeline Integrity Management Plan (IMP), revised July 2023, adequate
guidance for assessing risk on its pipeline. DGC does not contest the allegation of violation as
alleged in the Notice. As such, PHMSA finds a violation of 49 CFR § 195.452(f)(3).
13. Item 3 – 49 CFR § 195.452(g)(4): The Notice alleged that DGC failed to perform
information analysis relevant to pipeline integrity and risk by the October 1, 2022 deadline
required by § 195.452(g). DGC does not contest the allegation of violation as alleged in the Notice.
As such, PHMSA finds a violation of 49 CFR § 195.452(g)(4).
14. Item 4 – 49 CFR § 195.557(a): The Notice alleged that DGC failed to protect its
pipeline which was exposed to stay currents by not having an effective program to minimize the
detrimental effects of such currents. DGC does not contest the allegation of violation as alleged
in the Notice. As such, PHMSA finds a violation of 49 CFR § 195.557(a).
15. Items 1 – 4 will be considered by PHMSA as prior offenses in any future PHMSA
enforcement action taken against Respondent.



V. Civil Penalty:
16. Item 1: The Notice proposed assessing a civil penalty in the amount of $19,100
for Item 1. Respondent did not contest the proposed civil penalties for this Item. As such,
Respondent shall pay a civil penalty in the amount of $19,100 for Item 1.
17. Item 4: The Notice proposed assessing a civil penalty in the amount of $59,500
for Item 4. Respondent requested a reduction of the proposed civil penalty. During the Parties’
informal discussions, DGC provided evidence showing that a change to the gravity factor
selected in the Violation Report was appropriate. PHMSA agrees that a reduction to the
proposed civil penalty is appropriate based on reconsideration of the gravity factor as supported
by the additional information provided by Respondent. Respondent agrees to pay a reduced civil
penalty in the amount of $29,700 for the violation in Item 4.
18. Respondent will pay a total reduced civil penalty in the amount of $48,800,
pursuant to the payment instructions at 49 CFR § 190.227(a), to be paid in full no later than 20
days from the Effective Date of this Agreement.
VI. Compliance Order:
19. Item 1: The Notice did not propose any compliance order actions to address the
non-compliance alleged for Item 1. As such, no compliance action is required. During the
informal discussion between the parties, DGC explained to the satisfaction of the Director that it
had completed measures to prevent the actions described in Item 1 from reoccurring.
20. Item 2: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Respondent initially contested the Proposed Compliance
Order. Following informal discussion with PHMSA, Respondent agrees to undertake the
corrective measures proposed in the Notice for Item 2:
a. DGC must revise and amend its Carbon Dioxide Pipeline Integrity Management
Plan and any relevant associated procedures in order to comply with the
requirements of § 195.452, and provide the revisions to the Director for review
and approval within 90 days of receipt of the Consent Order. Specifically, the
procedures must be revised to provide adequate guidance for performing a valid
risk analysis of sufficient sophistication to address all relevant risk factors,
including but not limited to those in § 195.452(i)(2).
21. Item 3: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Respondent initially contested the Proposed Compliance
Order. Following informal discussion with PHMSA, Respondent agrees to undertake the
corrective measures for Item 3:
a. DGC must develop a risk model, in accordance with the updated procedures
required by Paragraph 20 of this Consent Agreement, which incorporates all
available information and considers all threats and consequences, and provide it to



the Director for review and approval within 90 days of receipt of the Consent Order.
b. DGC must apply the risk model within 90 days of the Director’s approval of it
and use the new risk analysis to review its assessment methods, assessment
intervals, and preventative and mitigative measures. Results of the review must
be submitted to the Director for review no later than 90 days after DGC’s review
is completed.
22. Item 4: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Respondent initially contested the Proposed Compliance
Order. Following informal discussion with PHMSA, Respondent agrees to undertake the
corrective measures for Item 4:
a. b. c. DGC must conduct an AC interference study and consider and prioritize the need
for AC mitigation in the areas identified as having an elevated AC risk within 9
months from receipt of the Consent Order;
Having identified areas having an elevated AC risk, if any, DGC must develop a
schedule for mitigation work in the location(s) having the highest priority, and
submit the plans to the Director for review within 90 days of receipt of the results
of the interference study referenced above in provision a.
After Director approval of the plan, DGC must implement the applicable AC
mitigation measures in accordance with the schedule and submit documentation to
the Director within 30 days of completion of the mitigation work at each location.
VII. Enforcement:
23. This Agreement is subject to all enforcement authorities available to PHMSA
under 49 U.S.C. § 60101, et seq., and 49 CFR Part 190, including administrative civil penalties
under 49 U.S.C. § 60122, of up to $272,926 per violation for each day the violation continues and
referral of the case to the Attorney General for judicial enforcement, if PHMSA determines that
Respondent is not complying with the terms of this Agreement in accordance with the
determinations made by the Director, or in accordance with decisions of the Associate
Administrator if resolved pursuant to the Dispute Resolution process herein. The maximum civil
penalty amounts are adjusted annually for inflation. See 49 CFR § 190.223. All work plans and
associated schedules set forth or referenced in Section VI (Compliance Order) are automatically
incorporated into this Agreement and are enforceable in the same manner.
VIII. Review and Approval Process:
24. With respect to any submission under Section VI (Compliance Order) of this
Agreement that requires the approval of the Director, the Director may: (a) approve, in whole or
in part, the submission; (b) approve the submission on specified, reasonable conditions; (c)
disapprove, in whole or in part, the submission; or (d) any combination of the foregoing. If the
Director approves, approves in part, or approves with conditions, Respondent will take all
actions as approved by the Director, subject to Respondent’s right to invoke the dispute
resolution procedures with respect to any conditions the Director identifies. If the Director
disapproves all or any portion of the submission, the Director will provide Respondent a written
notice of the deficiencies with an explanation of those particulars wherein Respondent’s actions



fail to satisfy the requirements of the Compliance Order in Section VI. Respondent will correct
all deficiencies within the time specified by the Director and resubmit it for approval. PHMSA
will promptly respond to any requests for clarification or submissions from DGC.
IX. Dispute Resolution:
25. The Director and Respondent will informally attempt to resolve any disputes
arising under this Agreement, including any decision of the Director under the terms of Sections
VI (Compliance Order) and VIII (Review and Approval Process). If Respondent and the
Director are unable to informally resolve the dispute within 15 calendar days after the dispute is
first raised, in writing, to the Director, Respondent may submit a written request for a
determination resolving the dispute from the Associate Administrator. Such request must be
made in writing and provided to the Director, counsel for the Central Region, and to the
Associate Administrator, no later than 10 calendar days from the 15-day deadline for informal
resolution referenced in this paragraph. Along with its request, Respondent must provide the
Associate Administrator with all information Respondent believes is relevant to the dispute.
Decisions of the Associate Administrator under this paragraph will constitute final agency
action. The existence of a dispute and PHMSA’s consideration of matters placed in dispute will
not excuse, toll, or suspend any term or timeframe for completion of any work to be performed
under this Agreement during the pendency of the dispute resolution process.
X. Effective Date:
26. The term “Effective Date,” as used herein, is the date on which the Consent Order
is issued by the Associate Administrator incorporating the terms of this Agreement.
XI. Recordkeeping and Information Disclosure:
27. Unless otherwise required in this Agreement, Respondent agrees to maintain
records demonstrating compliance with all requirements of this Agreement for a period of at
least five (5) years following completion of all work to be performed, unless a longer period of
time is required pursuant to 49 CFR parts 190-199. For any reports, plans, or other deliverables
required to be submitted to PHMSA pursuant to this Agreement, Respondent may assert a claim
of business confidentiality or other protections applicable to the release of information by
PHMSA, covering part or all of the information required to be submitted to PHMSA pursuant to
this Agreement in accordance with 49 CFR Part 7. Respondent must mark the claim of
confidentiality in writing on each page, and include a statement specifying the grounds for each
claim of confidentially. PHMSA determines release of any information submitted pursuant to
this Agreement in accordance with 49 CFR Part 7, the Freedom of Information Act, 5 U.S.C. §
552, DOT and PHMSA policies, and other applicable regulations and Executive Orders.
XII. Modification:
28. The terms of this Agreement may be modified by mutual agreement of the Parties.
Such modifications must be in writing and signed by both parties.



XIII. Termination:
29. This Agreement will remain in effect until the Civil Penalty in Section V is paid
in full and the Compliance Order in Section VI is satisfied, as determined by the Director. The
Agreement shall not terminate until the Director confirms, in writing, that the Agreement is
terminated in accordance with this paragraph. Nothing in this Agreement prevents Respondent
from completing any of the obligations earlier than the deadlines provided for in this Agreement.
The Respondent may petition in writing the Director to terminate the Agreement upon
Respondent’s determination that the terms of the Compliance Order have been satisfied.
Disputes shall be resolved by reference to Dispute Resolution Section IX.
XIV. Ratification:
30. The Parties’ undersigned representatives certify that they are fully authorized to
enter into the terms and conditions of this Agreement and to execute and legally bind such party
to this document.
31. The Parties hereby agree to all findings, conditions, and terms of this Agreement.
[Signature Lines on Following Page]



For Dakota Gasification Company:
___________________________________
________________________
Date
For PHMSA:
________________________________________
Acting Director, PHMSA Central Region, Office of Pipeline Safety
Acting Associate Administrator
for Pipeline Safety

32024036NOPV_Consent Agreement Modification_03312026_(23-264742)_text.pdf

U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
Dakota Gasification Company, ) CPF No. 3-2024-036-NOPV
)
)
)
Respondent. )
____________________________________)
MODIFICATION TO CONSENT AGREEMENT
From August 15 through August 17 and August 22 through 23, 2023, representatives of the
Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety
(OPS), pursuant to Chapter 601 of Title 49, United States Code (U.S.C.), inspected Dakota
Gasification Company’s (DGC or Respondent) carbon dioxide pipeline in North Dakota.
As a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,
by letter dated June 28, 2024, a Notice of Probable Violation, Proposed Civil Penalty, and Proposed
Compliance Order (Notice).
On June 12, 2025, PHMSA and Respondent (the Parties) entered into a Consent Agreement
(Agreement) to resolve the Notice. The Agreement was approved by the Acting Associate
Administrator for Pipeline Safety, PHMSA, and incorporated by reference into a Consent Order
that was issued pursuant to 49 CFR § 190.219 on June 23, 2025.
Paragraph 28 of the Agreement states that the Agreement may be modified by mutual agreement
of the Parties and that such modifications must be in writing and signed by both parties.
In accordance with Paragraph 28 of the Agreement, the Parties hereby agree to modify Paragraph
22.a. of the Agreement. The modification to Paragraph 22.a does not otherwise change any of the
other terms of the Agreement, which remain in full force and effect unmodified.
I. Modification:
Paragraph 22.a. of the Agreement is hereby struck and replaced with the following:
DGC must conduct an AC interference study and consider and prioritize the need for AC
mitigation in the areas identified as having an elevated AC risk within 12 months from
receipt of the Consent Order.



II. Ratification:
1. The Parties’ undersigned representatives certify that they are fully authorized to enter into
the terms and conditions of this modification and to execute and legally bind such party to this
document.
2. The Parties hereby agree to all findings, conditions, and terms of this modification.
[Signature Lines on Following Page]



For Dakota Gasification Company:
_______________________________
________________________
Date
For PHMSA:
________________________________________
Acting Director, Central Region, Office of Pipeline Safety
________________________
Date

32024036NOPV_PHC Hearing Scheduled_10102024_(23-264742)_text.pdf

October 10, 2024
VIA ELECTRONIC MAIL TO: molson@bepc.com and gregory.ochs@dot.gov
Ms. Maggie Olson
Senior Staff Counsel
Dakota Gasification Company
1717 East Interstate Avenue
Bismark, ND 58503-0564
Mr. Gregory Ochs
Director, Central Region
Pipeline and Hazardous Materials Safety Administration
901 Locust Street, Suite 480
Kansas City, MO 64106-2641
Re: Notice of Hearing, Dakota Gasification Company
CPF No. 3-2024-036-NOPV
Dear Ms. Olson and Mr. Ochs:
In accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of
Probable Violation, Proposed Civil Penalty, and Proposed Compliance Order issued by the
Pipeline and Hazardous Materials Safety Administration in the above-referenced case. The
hearing will take place on April 2, 2025, beginning at 8:30 a.m. Central Time.
The hearing will be held at the PHMSA Central Region office, 901 Locust Street, Suite 480,
Kansas City, Missouri 64106. Upon arrival at the building, attendees will be required to present
photo identification to security personnel. A contact phone number for the day of the hearing is
(816) 329-3800.
At least 10 calendar days prior to the hearing (or by March 24, 2025), both parties must submit
and exchange any additional written materials they intend to present at the hearing and the name
and email address of each attendee. This information should be provided electronically.
Materials not submitted by this date may be excluded. If you have any questions, please do not
hesitate to contact me.



Sincerely,
Larry White
Presiding Official
cc: Mr. Todd Brickhouse, President and CEO, Dakota Gasification Company,
tbrickhouse@bepc.com
Mr. Ryan McClure, OPS Central Region Counsel, PHMSA,
ryan.mcclure@dot.gov
Ms. Mia Petrucci, OPS Central Region Law Clerk, PHMSA,
mia.petrucci@dot.gov

32024036NOPV_PHC Hearing Rescheduled_05212025_(23-264742)_text.pdf

May 21, 2025
VIA EMAIL TO: Molson@bepc.com, Ryan.McClure@dot.gov et al.
Ms. Maggie Olson, Esq.
Counsel for Dakota Gasification Company
1717 East Interstate Avenue
Bismark, ND 58503-0564
Mr. Ryan McClure, Esq.
Counsel for the Agency
Pipeline and Hazardous Materials Safety Administration (PHMSA)
1200 New Jersey Ave., S.E.
Washington, DC 20590
Re: PHMSA CPF No.: 3-2024-036-NOPV, Dakota Gasification Company, Notice of
Hearing and Order Regarding Prehearing Statement
Dear Ms. Olson and Mr. McClure,
In accordance with 49 C.F.R. § 190.211, a hearing will be held regarding the Notice of
Probable Violation, Proposed Civil Penalty and Proposed Compliance Order issued by
PHMSA in the above referenced case. The hearing will take place on August 5,
2025, beginning at 9:30 a.m. Eastern Time. The hearing will be held virtually via
Microsoft Teams. Hearing login information will be provided later.
Each party is directed to submit to the presiding official and the other party by email a
pre-hearing statement, due no later than July 23, 2025, including the following
information:
1. A statement of facts
2. A list of all agreed upon facts
3. Defenses (by Respondent)
4. A witness list including a description and anticipated length of each witness’
anticipated testimony. The description must be sufficient to show how the
anticipated testimony may prove or disprove a fact significant to the case.
5. A copy of all exhibits with an index identifying the documents. All exhibits must
be marked for identification in the lower right corner of each page. Documents
already in the case file should not be included.



The parties must confer regarding item 2 above. Failure to submit items 4 and 5 above
may result in disallowance of that evidence at the hearing. The parties may supplement
their hearing exhibits or witness list with fair notice to the other party and the presiding
official.
A brief pre-hearing conference may be held 7-10 days prior to the hearing if the
presiding official deems it appropriate.
The presiding official strongly recommends that a court reporter transcribe the hearing.
If Respondent elects to transcribe the hearing, Respondent should notify the presiding
official (with copy to the other party) as soon as practicable.
The Agency is required to be represented by counsel for these proceedings.
Regards,
Dolores Francis
Presiding Official
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