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State puts hold on Enbridge construction application, seeks public comment

Enbridge Energy LP's application requests approval to do construction on a portion of Line 5 that runs under the Straits of Mackinac.

LANSING, Mich. — Due to significant public interest, the state is asking for public comment and has put a hold on an energy company's request to do construction on an underwater oil pipeline.

The Michigan Public Service Commission said Wednesday that Enbridge Energy LP's application, which was filed April 17, requests approval to do construction on the portion of Line 5 that runs under the Straits of Mackinac. The construction would include the creation of a tunnel to house the pipeline. The energy company said it already has approval from the Commission based on the original 1953 order granting authority for the Line 5 pipeline. 

The MPSC has now established a public comment period as it determines whether new authority is needed for Enbridge to carryout this project. 

If the Commission issues a ruling that Enbridge does not have authority, the application would be handled as a contested case, which includes public notice and a prehearing conference, according to the MPSC.

The MPSC says comments should only address the declaratory ruling issue and not the actual merits of Enbridge's application. 

"The Commission explicitly invited commenters to provide legal analysis of the issues presented in the request for a declaratory ruling, which could include references to statutes, rules and prior Commission orders relevant to the matter and analysis of their applicability to the Line 5 project," a statement from the Commission reads. 

Written or electronic comments must be submitted no later than May 13, 2020. Replies to comments on the declaratory ruling request must be filed no later than May 27, 2020. 

How to submit a comment:

  • All comments should reference Case No. U-20763. 
  • Electronic comments are preferred and may be e-mailed to mpscedockets@michigan.gov. 
  • Written comments may be addressed to: Executive Secretary, Michigan Public Service Commission, 7109 W. Saginaw Hwy., Lansing, MI 48917
  • All comments submitted will become public information on the Commission's website

The MPSC also launched a website, www.michigan.gov/MPSCLine5, dedicated to enable the public to monitor Enbridge’s siting application and related requests.

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