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In The News

Illinois Register/Part 530-Accommodation of Utilities on Right of Way
Department of Transportation - Notice of Proposed Amendments

Oil Pipeline Projects in the Midcontinent Region – February 15, 2011. A helpful article that lists pipeline projects in the Midcontinent region, either recently completed or in the pipeline

FutureGen goes west - August 5, 2010. The green light is on for a new FutureGen project but the spotlight is off Mattoon.

Keystone XL Clears Hurdle in South Dakota – February 19, 2010. The South Dakota Public Utilities Commission granted a permit for the construction of the Keystone XL Pipeline in western South Dakota. The commission's approval of the construction permit is contingent upon Keystone meeting 50 conditions.

TransCanada Sees Keystone Start-Up in June – March 22, 2010. TransCanada Corp still expects its Keystone pipeline to be operating by the end of June, after delaying the completion of the project's first 435,000 barrel per day leg last month. TransCanada is also planning the Keystone XL line, which will expand the oil sands system to a capacity of 1.1 million bpd, including 500,000 bpd to the cluster of U.S. refineries on the Gulf of Mexico.

Potential Ethanol Pipeline to Create U.S. Jobs - January 13, 2010. A recent report from the consulting firm LECG shows that a proposed ethanol pipeline would be an economic boost fo rthe U.S., creating almost 80,000 direct, indirect, and induced jobs across the country. POET and Magellan Midstream Partners have formed a joint venture to assess the feasibility of a 1,800-mile ethanol pipeline from ethanol production facilities in the Midwest to distribution outlets in the northeast U.S. Once the feasibility study is complete, the pipeline would be operational as early as 2014. http://www.poet.com/news/showRelease.asp?id=185

Counter Complaint Filed in Eminent Domain Case - December 15, 2009. The land that Coles County officials say they need for th road to the county's newest Interstate 57 interchange shouldn't be divided the way the county wants, the current landowners say.

A counter claim in the eminent domain lawsuit against Freda Christen and Tom Donnell says the two tracts of land the county wants are "inseparably connected" to ground the family has farmed for years. Taking the two roughly 4-acre tracts out of farm production would damage the farming operation, the claim says.

For more of this story, click on or type the URL below:
http://www.jg-tc.com/articles/2009/12/16/news/doc4b27e8b0b3936835770264.txt

Progress Encourages FutureGen Exec - November 2, 2009. Michael Mudd said FutureGen officials will continue working on an electricity purchase agreement with the State of Illinois.

Mudd, the CEO of the FutureGen Alliance, said the Senate Energy Committee last week approved a bill that would authorize the state ot buy electricity from the proposed FutureGen power plant to be used for state facilities. For more of this story, click on the URL: http://www.jg-tc.com/articles/2009/11/03/news/doc4aefb3acbe796554641566.txt

New Legislation affecting Utilities. "The Crossing of Railroad Right-of-Way Act" was enacted by P.A. 96-595 and became effective August 18, 2009. It creates a new provision in the Utilities Section of the Illinois Revised Statutes and can be found in Section 220 ILCS 70/1 et seq.

The Act specifically applies to any construction, operation, and repair, maintenance of a facility over, under, or across a Rail Right-of-Way by a utility when the Right-of-Way is owned by a Land Management Company (hereinafter referred to as LMC ) and is not a registered rail carrier.

The Act enables a LMC that is the owner, manager, or agent of a railroad right of way that is not a registered rail carrier or any other interest holder in a former railroad right of way that has been acquired or is operated by a LMC or similar entity to charge a fee directly related to the cost of inspecting, monitoring, reviewing materials, engineering costs, document preparation fees or assessing damages with respect to a crossing. These fees are in addition to other permit fees or flagging requests that may be charged by a rail carrier.

The Act creates certain terms and conditions surrounding a request for a crossing and provides a time frame in which the LMC is to respond. It appears that after 30 days form the mailing a Notice or completing the engineering specifications or the payment of the fee, absent a claim of special circumstances, shall be deemed to give the utility authorization to commence crossing activities. Special circumstances appear to be subjective in meaning and remains to be seen how it will be applied. The fee for each crossing is fixed at $1,500.

The Act also sets provide for non-binding arbitration through the American Arbitration Association should the parties not agree on the special circumstances delay that the LMC is imposing.

In conclusion, this new legislation has been enacted to enable LMC s to bill for expenses associated with their review of documentation and preparation of agreements associated with utility work at rail crossings not owned or controlled by certified rail carriers. Utilities most likely refused to pay these fees in the past in that they were not part of any license, permit or easement agreement provisions. It also imposes time limitations for LMC s to turnaround the crossing request.

For specifics please refer to the Act:

Pipeline Would Carry Midwest CO2 to Gulf Coast's Oil Fields - October 13, 2009. The Midwestern Governors Association announced a goal to site and permit by 2012 at least one interstate pipeline to move carbon dioxide from the region's power plants to suitable underground storage sites. In July Denbury Resources Inc. said it was conducting a feasibility study into a 500-mile Midwest pipeline that would link capture-ready coal plants in Indiana, Illinois and Kentucky to the company's production fields in Mississippi. http://www.nytimes.com/gwire/2009/10/13/13greenwire-pipeline-would-carry-midwest-co2-to-gulf-coast-19951.html

Oil Pipeline on Track to Reach Patoka in 2010 - October 3, 2009. Work is almost completed on the Keystone 2,148-mile, 30-inch pipeline from Alberta, Canada, to refineries in Wood River, Illinois, and a tank farm at Patoka, Illinois. Initial crude oil shipments of 435,000 barrels a day are planned for the first quarter of 2010 with capacity increased to 590,000 barrels a day by the end of the year. http://www.courierpress.com/news/2009/oct/03/oil-pipeline-on-track-to-reach-patoka-in-2010/

Wind farm ordinance on agenda - October 5, 2009. The Edgar County Board will hold a public hearing Wednesday on a proposed wind farm ordinance prior to voting on the document. County officials drafted the proposed wind energy conversion system ordinance in response to three different developers expressing an interest in constructing wind farms in Edgar County. The hearing and subsequent meeting will be at 9 a.m. at the Edgar County Courthouse in Paris. http://www.jgtc.com/articles/2009/10/05/news/doc4acaafed64a91229657282.txt

Wind farm ordinance to get further review - October 7, 2009. The Edgar County Board on Wednesday tabled a proposed wind farm ordinance so it can be reviewed further and possibly revised. Board member Dan Winans, who led the drafting of the wind energy conversion system ordinance, said the review will look at concerns raised at the public hearing Wednesday morning and prior to the hearing. http://www.jgtc.com/articles/2009/10/07/news/doc4acd5041ca768750277876.txt

Wind farm ordinance tabled - October 8, 2009. The Edgar County Board tabled action on a Wind Energy Conversion System Ordinance at a meeting Wednesday morning. The goal of the ordinance is to protect county and township infrastructure during the building of giant towers that convert wind power into electricity. Board member Dan Winans has mostly worked alone to create the ordinance by borrowing from existing ordinances in neighboring counties. http://parisbeacon.com/articles/2009/10/08/news/doc4ace10b638cbc835054682.txt

Pipeline promises prosperity - August 10, 2009. One of the largest pipeline projects in the country is slowly snaking its way through this region, bringing with it jobs and, ultimately, the oil with which the area hopes to grease its economy. http://www.thetelegraph.com/common/printer/view.php?db=alton&id=29955

TransCanada's Keystone Oil Pipeline is Coming!

  TransCanada is currently planning to build one of the largest pipeline projects in over 30 years,   a portion of which will extend into Illinois.  TransCanada's Keystone Pipeline will have some   impressive features.

  Keystone Pipeline Project MapThe total length of the proposed Keystone Pipeline is 2,148 miles (3,456 kilometers).

Approximately 1,379 miles (2,219 kilometers) of new pipeline will be constructed in the U.S.

The Canadian portion of the proposed project includes the construction of approximately 232 miles (373 kilometers) of new pipeline and the conversion of approximately 537 miles (864 kilometers) of existing TransCanada pipeline from natural gas to crude oil transmission.

The new pipeline will be 30 inches (76 centimeters) in diameter to Illinois and 36 inches (91 centimeters) from the Nebraska/Kansas border to Cushing, Oklahoma.

  The pipeline will be buried with a minimum depth of cover of four feet (1.2 meters),   depending on land use.

  The estimated operating pressure of new pipeline sections will be 1,440 psig (9,930 kPa). The   existing pipeline proposed for conversion to crude oil transportation will be operated at its   current approved allowable operating pressure of 880 psig (6,067 kPa).

  More information about TransCanada's Keystone Pipeline project can be found by reviewing the
  project's map [Adobe PDF] and fact sheet [Adobe PDF]. Go to the Keystone Pipeline Web site   to get all the latest news about this exciting project.

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International Right of Way Association