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BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF SOUTH DAKOTA IN THE MATTER OF THE APPLICATION BY TRANSCANADA KEYSTONE PIPELINE, LP FOR A PERMIT UNDER THE SOUTH DAKOTA ENERGY CONVERSION AND TRANSMISSION FACILITIES ACT TO CONSTRUCT THE KEYSTONE XL PROJECT ) HP 09-001 ) ) ) PROOF OF NOTICE - FILING OF ) NOTICES FOR PUBLIC HEARINGS ) ) Brett Koenecke of May, Adam, Gerdes & Thompson LLP, hereby certifies that he is the attorney of record for TransCanada Keystone Pipeline, LP in the above noted action. TransCanada has published the Notice of Hearing pursuant to law and in a timely fashion in the following publications: Black Hills Pioneer Rapid City Journal Murdo Coyote Bison Courier Winner Advocate Faith Independent Pioneer Review Lyman County Herald Butte County Post Meade County Times Pennington County Courant Attached to this are Affidavits of Publications from all publications, except for the Pioneer Review. Dated this Z.3 day of April, 2009. :Y, I THOMPSONLLP BRETT KOENECKE Attorneys for TransCanada Keystone Pipeline LP 503 South Pierre Street P. O. Box 160 Pierre, SD 57501 (605) 224-8803

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BEFORE THE PUBLIC UTILITIES COMMISSIONOF THE STATE OF SOUTH DAKOTA

IN THE MATTER OF THE APPLICATIONBY TRANSCANADA KEYSTONE PIPELINE,LP FOR A PERMIT UNDER THE SOUTHDAKOTA ENERGY CONVERSION ANDTRANSMISSION FACILITIES ACT TOCONSTRUCT THE KEYSTONE XLPROJECT

) HP 09-001))) PROOF OF NOTICE - FILING OF) NOTICES FOR PUBLIC HEARINGS))

Brett Koenecke ofMay, Adam, Gerdes & Thompson LLP, hereby certifies that he is the attorneyof record for TransCanada Keystone Pipeline, LP in the above noted action. TransCanada haspublished the Notice ofHearing pursuant to law and in a timely fashion in the followingpublications:

• Black Hills Pioneer• Rapid City Journal• Murdo Coyote• Bison Courier• Winner Advocate• Faith Independent• Pioneer Review• Lyman County Herald• Butte County Post• Meade County Times• Pennington County Courant

Attached to this are Affidavits ofPublications from all publications, except for the PioneerReview.

Dated this Z.3 day of April, 2009.

:Y,I THOMPSONLLP

BRETT KOENECKEAttorneys for TransCanada Keystone Pipeline LP503 South Pierre StreetP. O. Box 160Pierre, SD 57501(605) 224-8803

£lffibahit of llublication

STATE OF SOUTH DAKOTACounty ofPennington 55.

02-609.Anril

first publication thereof being on the· -6l..'i<I:lUfe::::.;-nu..li!:7fL....=:..-...:;-h=t..,-Sl-'f:.L../JI...-_ day of7 J .

March ezpo 7' ; that the fees charged for the

publication thereofare --'5==!.'=e.:=l!.;::..ee.aau~drlL..------- Dollars

Subscribed and sworn to before me this ~--;/---(-- _

for __----'f<........L.L(O",,-__~__ successrve __~_"",!.J"""ee.",",*,,-,,....5 -,r the

upon her oath says: That she is now and was at all times hereinafter mentioned,

an employee of the RAPID CITY JOURNAL COMPANY, a corporation, of

Rapid City, South Dakota, the owner and publisher of the RAPID CITY JOUR­

NAL, alegal and daily newspaper printed and published in Rapid City, in said

County of Pennington, and has full and personal knowledge of all the facts

herein stated as follows: that said newspaper is and at all of the times herein

mentioned has b~en a legalan~ daily newspaper with a bonafide paid circula­

tion of at least"Two Hundred copies dm1y, a1td has been printed and published

in the English langUage, at and within an 'Office maintained by the owner and

publisher thereot at Rapid City, in sa.id Pennington County, cmd has been

admitted to the Uni£ed States mat? under the- seco~d class mat1ing privilege for

at least one'year'Prwr to the publication herein mentioned; that the advemse­

ment, a printed;copy of which, taken from said RAPID CITY JOURNAL, the

paper in which the same was published, is attached to this sheet and made a part. . . . .

of this af.ficlirvit, was published in said paper once each week

PUBLISHER'S AFFIDAVIT OF PUBLICATION

STATE OF SOUTH DAKOTA

Notice of Meetings

COUNTY OF JONES

Subscribed and sworn to before me this ---=2""n.=.d day of __A-Jp.:-r.:-i1 " 2009.

a printed copy of which is hereto attached, was printed and published in said newspaper

for_2_ successive issues, the first publication being on the 26th day of

March ,2009, and the last publication on the 2nd day of

April 2009, that $ 30.54 being the full amount of the fee for publi-

cation of the annexed notice solely to the benefit of the publishers of the said newspaper,

that no arrangement or understanding for a division thereof has been made with any per­

son and that no part thereof has been agreed to be paid to any other person whomsoev­

er.

)SS

Kelcy Nash , of said County and State, being duly sworn, on oath

says: THE MURDO COYOTE is a weekly newspaper of general circulation, printed and

published in MURDO, in said County and State and has been such newspaper during the

times hereinafter mentioned; that the said THE MURDO COYOTE is a legal newspaper

and has been in existence for more than one year immediately preceding the first publica­

tion herein mentioned; and has more than 200 bonified sUbscribers; that I, the undersigned

am Editor , of said newspaper, and in charge of the advertising department

thereof, and have personal knowledge of all facts stated in this affidavit; and that the adver­

tisement headed

Notary Public, State of South Dakota

My Commission ExpiresJanuary 24, 2014

______f\Jo-b'ce--.

a printed copy of which is hereto attached, was printed and publishedin said newspaper for ::,)... successive ~d consecutive weeks, the .first publication being made on the ~ay of Ka.rt::h,d.cxl9, andthe last publication on the .3::Jib.. dayof~, .;k:'Jo9, that the fullamount of fees charged for publishing same, to-wit: The sum of$ ~".Q.s:, insures solely to the benefit of the publisher Dfthe BLACKHILLS PIONEER, that no agreement or understanding for a divisionthereof has been made with any person and that no part thereof hasbeen agreed to be paid to any other person whomsoever.

n'! ,dLJoy

Notary Public, Lawrenc unty, South DakotaMy commission expires: 10- 4-2010

Subscribed and sworn to before me this -L-__

Affidavit of PublicationSTATE OF SOUTH DAKOTA:COUNTY OF LAWHENCE:Stewart Huntington of said County and State being first duly sworn,on his oath says: That the BLACK HILLS PIONEER is a leg8J. dailynewspaper of general circulation, printed and published in the City ofSpearfish, in said County and State by Stewart Huntington, and hasbeen such a newspaper during the times hereinafter mentioned; andthat said newspaper has a bonafide circulation of at least 200 copies·weekly, and has been published within said County in the English lan­guage for at least one year prior to the first publication of the noticeherein mentioned, and is printed in whole or in part in an office main­tained at the place ofpublication; arid that I, Stewart Huntington, theundersigned, am the Publisher of said newspaper and have personalknowledge of all the facts stated in this affidavit; and that the adver­tisement h~aded:

PUBLISHER'S AFFIDAVIT OF PUBLICATION

STATE OF SOUTH DAKOTA

)SS

COUNTY OF PERKINS

Elizabeth Hulm , of said County and State, beingduly sworn, on oath says: THE BISON COURIER is a weeklynewspaper of general circulation, printed and published in Bison, insaid County and State and has been such newspaper during the timeshereinafter mentioned; that the said BISON COURIER is a legalnewspaper and has been in existence for more than one yearimmediately preceding the first publication herein mentioned; andhas more than 200 bonafide subscribers; that I, the undersigned, amLegal Advertising Manager ,of said newspaper, and in charge of

the advertising department thereof, and have personal knowledge ofall facts stated in this affidavit; and that the advertisement headed

Notice

Subscribed and sworn to before me this _=2 day of April2009.

My commission expires:

June 27, 2012

AFFIDAVIT OF PUBLICATIONState of South Dakota, county of Tripp-ss.

Dan Bechtold

of said county being first duly sworn, on oath says that heis the Editor of

WINNER ADVOCATE

a weekly newspaper printed and published at Winner, saidcounty of Tripp, and has full and personal knowledge of allthe facts herein stated that said newspaper is a legalnewspaper and has a bona fide circulation of a least twohundred copies weekly and has been published within saidCounty for ·fifty-two successive weeks prior to thepublication of the notice herein mentioned, and wasprinted wholly or in part in a office maintained at saidplace of publication; that the

22 LINES @ 2 COLUMN RATE X 80%

PIPELINE PERMIT

May, Adam, Gerdes & Thompson LLP

a printed copy of which, taken from the paper in which thesame was published, is attached to this sheet, and is madea part of this affidavit, was published in said newspaper atleast one in each week for 2· successiveweeks, on the day of each week on which said newspaperwas regularly published to wit:

·03/25/0904/01/09

That the full amount of the fees for the publication of the

~=le~;WJiE

Notary PublicCounty of Tripp, South Dakota

Subscribed and sworn to before me this _---:.1:.st=-- _day of April, 2009

~XA~l~·~)

My.Commission Expires November 4, 2009

SEALPatricia Arvin

Notary Public(~: ~::.. rrH DAKOTA

,.~!~~~,..w",: .............--......---

AFFIDAVIT OF PUBLICATION

STATE OF SOUTH DAKOTACOUNTY OF BUTTE

Pam Capp, being duly sworn, says: That the Butte County Post is, and during all timeshereafter mentioned, was a legal newspaper as defined in SDCL 17-2-2, as amended,published at Belle Fourche, Butte County, South Dakota, by Lee Enterprises; thataffidavit is and, during all of said times, was employed as an Office Manager by thepublisher of such newspaper and has personal knowledge of the facts stated in theaffidavit; that the notice, order or advertisement, a printed copy of which is attached, waspublished in said newspaper for successive issues, bearing the following dates:

fllfJA.cA 2~ 200L 200--

!fpl'i/ I 200L 200

200-- 200__

200 200----

200 200----

that the full~ount of the fee charged for publishing the same, to-wit, the sum of$ :.J ~ ,ai ( insures solely to the benefit of the publisher of said newspaper; that noagreement or understanding fcir the division of the fee has been made with any person,

and.thal no part ofthe fee has been agreed IObe(}'~th<:;p.. . . () f-hce mq<I&Cl-~1A_

-_.. . ' .. ', .. ' _.. _ ,._...... . , , _ -..... _.., - .. -" , .. , .. --_ ,.,

Subscribed and sworn to before me this

/ U day of 4jn2~~d:/Jz~

,2009

~6()07 7SJ/1/':1 fL; ,;2 /

Account No.

Total Amount--------=----

Notary Public, South Dakota

~ CHRISANN L MATEER ~\~ NOTARY PUBLIC ~~ State of South Dakota '"

MY COMMISSION EXPIRES NOV. 28,.20j3

. ..;: :"~~

• c

Publisher's Affidavit of Publication

STATE OF SOUTH DAKOTA ))SS

COUNTY OF LYMAN )

Connie Penny, of said county and state being duly sworn on her oath says: The LymanCounty Herald is a weekly newspaper of general circulation and published in Presho,Lyman County, and State of South Dakota; and has been such newspaper during thetimes hereinafter mentioned; That said newspaper is a legal weekly, that it has a bonafidecirculation of more than 200 copies weekly, that it has been published within said Countyof Lyman more than fifty-two successive weeks next prior to publication of the noticehereinafter mentioned and maintained at the place of publication; That I, the undersignedam editor of said newspaper, in charge of the advertising department thereof, and havepersonal knowledge of all the facts stated in this affidavit; that the advertisement headed:

a printed copy' of which is hereto attached and· published in the said newspaper for__.::.~ c.onsecutive week(s)" .

The first publication of said notice in said neww~per aforesaid was onWednesday, the c:25 day of YJz4A---~ AD., 2009and that the succeeding PUblicatiom;~e se,,\,rallyWednesday, the L day of t-JI-f \C .. I AD., 2009Wednesday, the day of AD., 2009Wednesday, the day of AD., 2009Wednesday, the day of AD., 2009Wednesday, the day of AD., 2009Wednesday, the day of AD., 2009Wednesday, the day of AD., 2009Wednesday, the day of A.D., 2009

and the last publication on Wednesday, the -t-day of l.AV l J , 2009,that the full sum of fees charged for publishing the same,~ SULl of$ 3.:2 ./LP insures solely to the editor of The Lyman County Herald.That no agreem"ent or understanding for any division thereof had been made with anyother person, and that no part thereof has been agreed to be paid to any personWnatso'-er: . . c., . ..,.. ....• .

Notary Public

Subscribed and sworn to before methis~ day~OO9 .

MyCommi"ionexpires & / I~ ZdO /t ;200_r .. I

CAROLYN ANN McCLANAHANSEAL NOTARY PUBLIC SEALSTATE OF SOUTH DAKOTA

Publisher's Affidavit of Publication

,,'--~ , 7'

6 '-/ L I~ it. <..-~

a print~ copy of which is hereto attached and· pUblished in the said newspaper for__=-:.L. consecutive week(s).

I~"ts__Cu.t~t~J~ jJpr ('<:..-~

The first publication of said notice in said ne~er aforesaid was onWednesday, the..s25- day of fJ1CiA- AD., 2009and that the succeeding PUblication;tye se~rally

Wednesday, the --L-- day of v: .. I AD., 2009Wednesday, the day of A.D., 2009Wednesday, the day of AD., 2009Wednesday, the day of A.D., 2009Wednesday, the day of A.D., 2009Wednesday, the day of AD., 2009Wednesday, the day of AD., 2009Wednesday, the day of AD., 2009

and the last publication on Wednesday, the -l-day of 'v I J , 2009,that the full sum of fees charged for publishing the same, to- it; the SULl of$ 3.:2 .Iv insures solely to the editor of The Lyman County Herald.That no agreement or understanding for any division thereof had been made with anyother person, and that no part thereof has been agreed to be paid to '.any personwhatso~er ..

STATE OF SOUTH DAKOTA ))SS

COUNTY OF LYMAN )

Connie Penny, of said county and state being dUly sworn on her oath says: The LymanCounty Herald is a weekly newspaper of general circulation and published in Presho,Lyman County, and State of South Dakota; and has been such newspaper during thetimes hereinafter mentioned; That said newspaper is a legal weekly, that it has a bonafidecirculation of more than 200 copies weekly, that it has been published within said County .of Lyman more than fifty-two successive weeks next prior to publication of the noticehereinafter mentioned and maintained at the place of publication; That I, the undersignedam editor of said newspaper, in charge of the advertising department thereof, and havepersonal knowledge of all the facts stated in this affidavit; that the advertisement headed:

AFFIDAVIT OF PUBLICATION

STATE OF SOUTH DAKOTACOUNTY OF MEADE

Pam Buhler, being dilly sworn, says: That the Meade County Times Tribune is, andduring all times hereinafter mentioned, is a legal newspaper as defined in SDCL 17-2-2,as amended, published in Sturgis, Meade County, South Dakota, by Lee Enterprises; thataffidavit is and during all of said times, is employed as an Office Manager by thepublisher of such newspaper and has personal knowledge of the facts stated in theaffidavit, that the notice, order or advertisement, a printed copy which is attached, waspublished in said newspaper for successive issues, bearing the following dates:

~Cl5'1 200 '1'_~"--.--"I-lblL-""'-=-''"''''---4-/+-l-- 200Y_________200_________200_________200

____...,...-- 200_________200_________ 200___~ 200_________200

£j c9Q3 3 /0 Qj

.-t:J--. 80 (3 '3 /013

that" the :fuJ! pmount ofthe fee charged for publishing the same, to-wit, the sum of$ .Q fa, OLL, insures solely to the benefit ofthe publisher ofsaid newspaper: that noagreement or understanding for the division ofthe fee has been made with any person,

~~~~~::::s:rdto ~yoili~~rnon.

Subscribed and sworn to before me this

~~~'2002

Notary Public, S.ou1h~D~ Iln , 'V- "]"-'/3My Comm. ExpIres: ~~ () I c;;<.J.../

Account No. :/f Cd!;X)O 71E;/

Total Amount $f ()Jo ..J)

PUBLISHER'S AFFIDAVIT OF PUBLICATION

Notice

TransCanada Keystone Pipeline

day of April. 20 09.Subscribed and sworn to before me this 13th

a printed copy of which is hereto attached, was printed and published in said

newspaper for _two successiye issues, the first pUblication being on the_ 26th

day of March, 20 -illL, and the last publication on the 2nd day of April

20 --.illL- , that $ 31.84 being the full amount of the fee for publication of the

annexed notice insures solely to the benefit of the publishers of the said

newspaper; that no arrangement or understanding for a division thereof has been

made with any person and that no part thereof has been agreed to be paid to any

other person whomsoever.

Notary Public, State of South Dakota

My Commission Expires

Jan. 24,2014

Brittney Drury of said County and State, being duly sworn on oath

says: THE PENNINGTON COUNTY COURANT is a weekly newspaper of general

circulation, printed and pUblished in WALL, in said County and State and has

been such newspaper during the times thereinafter mentioned; that the said THE

PENNINGTON COUNTY COURANT is a legal newspaper and has been in

existence for more than one year immediately preceding the first publication

herein mentioned; and has more than 200 bonafide subscribers; that I, the

undersigned, am Administrative Assistant of said newspaper, and have personal

knowledge of all facts stated in this affidavit; and that the advertisment headed:

STATE OF SOUTH DAKOTA )

) SS

COUNTY OF PENNINGTON )

PUBLISHER'S AFFIDAVIT OF PUBLICATION

STATE OF SOUTH DAKOTA

)55

COUNTY OF MEADE

Subscribed and sworn to before me this __2_2_n_d__ day of A_p_ri_1 _

2009

County and State, being duly sworn, on oath says: THE FAITH INDEPENDENT

is a weekly newspaper of general circulation, printed and published in FAITH, in

said County and State and has been such newspaper during the times herein­

after mentioned; that the said THE FAITH INDEPENDENT is a legal newspaper

and has been in existence for more than one year immediately preceding the first

pUblication herein mentioned; and has more than 200 bona fide subscribers; that

I, the undersigned, am Legal Advertising Manager , of

said newspaper, and in charge of the advertising department thereof, and have

personal knowledge of all facts stated in this affidavit; and that the advertisement

headed Notice Trans Canada

a printed copy of which is hereto attached, was printed and published in said

newspaper for 2 successive issues, the first publication being on the

25th day of March 2009 , and the last publication on

the 1st day of April 2009 that

$ 30.52 , being the full amount of the fee for publication of the annexed

notice insures solely to the benefit of the publishers of the said newspaper; that

no arrangement or understanding for a division thereof has been made with any

person and that no part thereof has been agreed to be paid to any other person

whomsoever.

of saidDiane Isaacs

Notary Public, Meade ou ty

My Commission Expires --s; 40 ,;J, I Q 6J~