CONDITIONAL EXCLUSION PROCEDURES AND DETERMINATION

Subpart 1. Procedures. A pipeline company having a reasonable basis to assert that a pipeline routing permit is not required to construct or operate a proposed pipeline under Minnesota Statutes, section 216G.02 , shall so notify the commission and the county board of each county through which the pipeline will be constructed. The commission shall make a determination on whether to grant a conditional exclusion provided for in part 7852.0300 , subpart 2, only when the pipeline company: A. completes the environmental assessment worksheet (EAW) review procedures as provided in parts 4410.1000 to 4410.1700 ; and B. provides information that will allow the commission to determine if there has been a significant change in land use or population density in or near the right-of-way since the first construction of pipeline in the right-of-way, or since the commission first approved the right-of-way. This information will be distributed with the EAW for comments. Subp. 2. Determination. Based on the record of the EAW decision, including the information required by part 7852.0500 , subpart 1, item B, the commission shall grant a conditional exclusion unless it finds that: A. there is a significant chance of an adverse effect on the environment; or B. there has been a significant change in land use or population density in or near the right-of-way since the first construction of the pipeline in the right-of-way, or since the commission first approved the right-of-way. Subp. 3. Granting of conditional exclusion. When an exclusion is granted, the applicant must comply with the requirements provided by Minnesota Statutes, sections 117.49 and 216G.03 . No further review under Minnesota Statutes, section 216G.02 , and this chapter is required. Subp. 4. Denial of exclusion. If the commission does not grant an exclusion, the pipeline company may submit an application for a pipeline routing permit under either the partial exemption procedures in parts 7852.0600 to 7852.0700 or the full pipeline route selection procedures in parts 7852.0800 to 7852.1900 .