COMBINED RESPONSE TO MOTIONS TO RECONSIDER

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On June 25, 2024, the Iowa Utilities Commission (“Commission”) issued an extensive 507-page Final Decision and Order (“Final Order”) analyzing the voluminous record, applying the law, and properly approving the application of Summit Carbon Solutions (“Summit”) for a pipeline permit. Motions to Reconsider were filed by “the Counties” (a group including Boards of Supervisors from 7 of the 29 counties on the route), Hardin County (mainly a joinder), DAPEMA (mainly a joinder), Jorde Landowners, Sierra Club, RLIJ, Gordon Garrison and Bold Iowa. Overwhelmingly, however, these are issues that the movants had raised at the hearing, in their post-hearing briefs, or both, and which were considered and rejected by the Commission in its Final Order. See In re ITC Midwest, Docket No. E-22401 “Order Denying Application for Rehearing” (IUC, Nov. 8, 2021) at 3-4 (denying in part because “Mr. Brenneman raised issues for reconsideration that the Board addressed in the final order.”) Simply raising the same arguments and claiming the Commission decided wrongly is not a proper basis for reconsideration. As the Commission recently explained in another pipeline docket,
Furthermore, [Intervenor’s] reasons for reconsideration do not present new or additional arguments not already presented by [Intervenor] in its prefiled testimony, at hearing, or in its post-hearing briefs. These arguments were heard and ruled on by the Board. The Board carefully weighed and considered all evidence submitted during this proceeding. While the Board may not have used the words or reached the conclusions desired by [Intervenor], the Board Filed with the Iowa Utilities Commission on July 29, 2024, HLP-2021-0001 nonetheless heard and considered the evidence. . . . Therefore, the Board will deny HM9’s applications and motion.
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COMBINED RESPONSE TO MOTIONS TO RECONSIDER
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