ExecutiveOrdersEO
OtherOtherTrump 45 · R

Other

Authorizing TransCanada Keystone Pipeline, L.P., To Operate and Maintain Existing Pipeline Facilities at the International Boundary Between the United States and Canada

This July 29, 2020 presidential permit authorizes TransCanada Keystone Pipeline, L.P. to operate and maintain existing pipeline border facilities at the U.S.-Canada border in Cavalier County, North Dakota, for transporting hydrocarbons and petroleum products. The permit supersedes and revokes the prior 2008 permit issued to the same company, while adding conditions allowing throughput capacity changes and bidirectional flow.

Federal Register Open PDF 85 FR 47005

Impact dates

  1. Permit supersedes and revokes prior March 11, 2008 presidential permit

  2. Prior March 11, 2008 permit superseded and revoked

Key directives

  • Grant permission to operate and maintain existing 30-inch diameter pipeline border facilities at Cavalier County, North Dakota
  • Permit supersedes and revokes prior March 11, 2008 presidential permit
  • Permittee may change average daily throughput capacity to any achievable volume without requiring amendment
  • Permittee may change directional flow of products without requiring amendment
  • Permittee must allow free and unrestricted access to federal, state, and local agency representatives
  • Permittee must hold harmless and indemnify United States from liability including environmental contamination
  • Permittee must maintain facilities in good repair and compliance with applicable law
  • Permittee must file required sworn statements and reports with President or designee and appropriate agencies
  • Permittee must immediately communicate any ownership/control transfers or name changes in writing

Who is ordered

Timeline

Immediate

  • Permit takes effect upon issuance, authorizing continued operation of existing border facilities
  • Prior March 11, 2008 permit superseded and revoked

Near term (90d)

—

Long term

  • Ongoing operation and maintenance subject to presidential discretion to terminate, revoke, or amend
  • Potential future amendments for substantial changes to facilities

Risks & tensions

  • Permit explicitly revokes 2008 Obama-era permit, continuing pattern of Keystone XL policy reversals between administrations
  • Expanded throughput and bidirectional flow flexibility may increase environmental and spill risks without additional review
  • Article 9 disclaimer of enforceable rights may limit judicial recourse for permittee or third parties
  • Presidential reservation of unilateral termination/revocation authority creates regulatory uncertainty for long-term infrastructure investment
  • Hold harmless clause for environmental contamination shifts liability substantially to private entity
Other: Authorizing TransCanada Keystone Pipeline, L.P., To Operate and Maintain Existing Pipeline Facilities at the International Boundary Between the United States and Canada · Executive Orders