GTL Energy filed a reply to the Dakota Resource Council complaint in accordance with the North Dakota Public Service Commission regulations. The Dakota Resource Council had filed a complaint with the North Dakota Public Service Commission asserting that GTL Energy was required by state law to apply for and be granted a permit as a coal mining operation before commencing construction of the coal beneficiation plant near South Heart, N. Dakota.

GTL Energy denied each material allegation in the complaint. In addition, GTL Energy stated that the beneficiation plant will operate separately and independently of any mine and especially the Great Northern Power Development mine and that GTL Energy plans to test on a commercial scale its beneficiation process on the coal from other sources and other mines.