TransCanada gets some documents excluded from pipeline permit case

PIERRE — State regulators ruled out some of the documents, photographs and video Friday that opponents wanted to use in the hearing July 27 on TransCanada’s plan to build its Keystone XL oil pipeline through South Dakota.

Bill Taylor, a Sioux Falls lawyer representing TransCanada, wanted the state Public Utilities Commission to reject more than 1,000 sets of documents that Dakota Rural Action submitted last week as possible evidence.

The commission voted 3-0 Friday to reject dozens of the documents but allowed most of Dakota Rural Action’s possible evidence to remain available.

Most of the documents originated from TransCanada through Dakota Rural Action’s requests to the company in the discovery process.

Taylor argued that July 9 was the first time Dakota Rural Action revealed the documents its lawyers might use. The hearing opens July 27.

“It’s palpably unfair,” Taylor said.

Dakota Rural Action lawyer Robin Martinez of Kansas City, Mo., said the commission had compressed the timetable for discovery in the case into approximately six months.

He said a case of this size normally would have one to two years to complete the discovery process. He also noted Dakota Rural Action had to file with the commission a request to compel TransCanada to produce information.

“I see no way on Earth (that) TransCanada is prejudiced in any way by our document production,” Martinez said.

Martinez argued that TransCanada is trying to keep documents from becoming part of the public record.

The commission agreed with TransCanada to limit some of Dakota Rural Action’s evidence.

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