Lu'm1W00DS FULLER. L!W SHULTZ SMITH P.C. - South Dakota

lu'm1W00DS FULLER.

L!W SHULTZ & SMITH P.C.

October 28, 2020

James E. Moore James.Moore@

Extension 613

VIA E-MAIL Patricia Van Gerpen Executive Director South Dakota Public Utilities Commission 500 E. Capitol Avenue Pierre, SD 57501

patty.vangerpen@state.sd.us

Re: TransCanada Keystone Pipeline Quarterly Report, Docket HP09-001

Dear Ms. Van Gerpen:

I attach for filing KXL Pipeline Project South Dakota Public Utilities Commission Quarterly Report for Quarter Ending September 30, 2020.

Yours very truly,

WOODS, FULLER, SHULTZ & SMITH P.C.

Attachment

James E. Moore

{03945743.1}

LAWYERS. EST. 1887 Street Address: 300 S. Phillips Avenue, Suite 300, Sioux Falls, SD 57104-6322

Mailing Address: P.O. Box 5027, Sioux Falls, SD 57117-5027 Phone: (605) 336-3890 ? Fax: (605) 339-3357

t~TC Energy

KEYSTONE XL PIPELINE PROJECT SOUTH DAKOTA PTAUBBLELIOCF CUOTNITLEINTTISES COMMISSION QUARTERLY REPORT

June 30

For the Quarter Ending: September 30, 2020

Keystone XL Pipeline Project September 30, 2020

TABLE OF CONTENTS

1.0 EXECUTIVE SUMMARY ...............................................................................................................3 2.0 PROJECT DESCRIPTION.............................................................................................................4 3.0 LAND ACQUISITION STATUS (South Dakota) .............................................................................4

3.1 Pipeline Right-of-Way Acquisition..........................................................................................4 3.2 Pump Stations.......................................................................................................................4 3.3 Pipe and Contractor Yards ....................................................................................................4 3.4 Contractor Housing Camps ...................................................................................................5 4.0 NON-ENVIRONMENTAL PERMITTING STATUS (South Dakota).................................................5 4.1 County Roads .......................................................................................................................5 4.2 State Roads ..........................................................................................................................5 4.3 Railroads ............................................................................................................................5 4.4 Pump Stations.......................................................................................................................5 4.5 Contractor Camps .................................................................................................................6 5.0 ENVIRONMENTAL PERMITTING STATUS (South Dakota)..........................................................6 6.0 FEDERAL PERMITS .....................................................................................................................6 6.1 Permit Compliance ................................................................................................................6 7.0 STATE PERMITS ..........................................................................................................................6 8.0 CONSTRUCTION STATUS ...........................................................................................................6 9.0 ENVIRONMENTAL CONTROL ACTIVITIES..................................................................................7 10.0 STATUS OF EMERGENCY RESPONSE AND INTEGRITY MANAGEMENT PLANS ...................8 10.1 Emergency Response Plan ...................................................................................................8 10.2 Integrity Management Plan for High Consequence Areas .....................................................8 11.0 OTHER COMPLIANCE MEASURES .............................................................................................8

Keystone XL Pipeline Project, September 30, 2020

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1.0 EXECUTIVE SUMMARY

This narrative discussion addresses pertinent actions and activities that have occurred since the last quarterly report was filed for the quarter ending June 30, 2020.

On June 6, 2019, the U.S. Court of Appeals for the Ninth Circuit entered an order granting TC Energy and the Government's motions to dismiss the appeals from the 2017 Presidential Permit as moot; granting TC Energy's motion to vacate the district court's judgments; dissolving the district court's permanent injunction orders; and remanding with instructions to dismiss the district court actions as moot. The order was based on the March 29, 2019 issuance of the new Presidential Permit, which superseded and revoked the 2017 Permit and moots the cases which challenged that Permit. Dissolution of the district court's injunction orders took effect July 29, 2019. Two judicial challenges to the 2019 Presidential Permit are pending in federal district court in Montana.

Keystone has received its grant of right-of-way and temporary use permit from the Bureau of Land Management, which included permission under 33 USC ? 408 permission from the US Army Corps of Engineers. Two judicial challenges to these authorizations are pending in federal district court in Montana. Keystone continues to pursue the remaining federal and state permits and authorizations.

Construction activities will only take place in South Dakota where the required permits and regulatory approvals have been obtained for any proposed construction site. The construction plan for the portion of the Keystone XL Pipeline Project through South Dakota is dependent on the timing of final regulatory approvals. Keystone will implement the conditions of any applicable federal and state permits at the times specified by those permits.

TC Energy has been conducting pre-construction activities including pursuing remaining outstanding permits; interfacing with landowners and acquiring necessary land rights; procuring pipe, materials and equipment, and other long lead-time items; and inspecting and refurbishing workforce camp modules, pipe and associated materials and equipment previously purchased. The company is also engaging with communities, including indigenous communities, as well as federal, state, and local governmental entities, agencies, and other stakeholders. The company is also hiring additional Project staff, and soliciting, engaging, and working towards contracting with potential construction contractors, specialty service providers, and suppliers. Additionally, TC Energy has conducted field activities including civil surveys; completing public county road upgrade activities as directed by county road superintendents; and maintaining security at Project pipe yard and workforce camps sites to ensure public safety, and

Keystone XL Pipeline Project, September 30, 2020

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maintaining environmental protections as required by permits and best management practices. Construction activity is underway at certain pump station, camp, and pipe and contractor yard locations.

The Field Office located in Rapid City is closed temporarily out of caution due to current health concerns. However, KXL officials, as well as the Liaison, are available via phone to address landowner and other stakeholder questions and concerns, to provide updates and general information on the project, and to advise of the Project schedule and activities taking place in the state.

2.0 PROJECT DESCRIPTION

The project will include approximately 1,210 miles of 36-inch diameter pipeline from Hardisty, Alberta to Steele City, Nebraska, including approximately 315 miles in South Dakota.

3.0 LAND ACQUISITION STATUS (South Dakota) 3.1 Pipeline Right-of-Way Acquisition

The pipeline crosses property owned by 314 landowners in South Dakota. Keystone has acquired easements across the property of 100% of the private landowners on the route in South Dakota.

Acquisitions of all easements in South Dakota are complete.

Keystone updated property ownership records along the pipeline route in South Dakota. Additional updates will be completed as necessary to support notification and pre-construction consultations with landowners.

3.2 Pump Stations

The pump stations will be located in Harding, Meade, Haakon, Jones, and Tripp County, South Dakota. Keystone has purchased all seven pump station sites. The size of each pump station site is approximately 711 acres.

3.3 Pipe and Contractor Yards

Keystone continues to lease 10 pipe yards and 7 contractor yards in South Dakota. The leases were originally for 36 months, with a yearly option to extend through December 31, 2022. The leases were extended through December 31, 2020. The yards are in Harding, Meade, Haakon, Jones, Lyman and Tripp

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