LANSING, Mich. — A permit to build a new Line 5 tunnel in the Straits of Mackinac was approved by the Michigan Public Service Commission (MPSC) Friday.
The project by Enbridge would replace the current twin pipelines running on the lake bed below the waters of Lake Michigan.
The MPSC says they decided a replacement line is needed because other potential solutions are riskier and would require use of costly alternative fuel sources.
We’re told Line 5’s products could be transported with trucks, barges, trains or oil tankers but those methods would lead to increased risk of fuel spills and environmental harm.
Enbridge indicated they are able to build the new line with modern materials while following industry guidelines, the MPSC adds.
Officials say the project would cut down on the risk of the pipeline being hit by dropped anchors.
However, the state says Enbridge must meet these conditions:
- Acquire all necessary approvals and permits without changing the line’s route.
- Refrain from using outside utilities inside the tunnel without MPSC approval.
- Go above federal requirements to maintain the integrity of the replacement. This includes using low-hydrogen welds and making sure work needs “preheat and inter-pass temperature requirements.”
- Use nondestructive testing along the mainline welds.
We’re told Enbridge must also issue a risk-management plan to the state. It is also recommended they use electrical equipment as outlined by the National Electric Code.
The decision is one of the final regulatory hurdles for Enbridge's planned pipeline tunnel. The company says it is waiting for a Draft Environmental Impact Statement from the U.S. Army Corps of Engineers. Enbridge presented it's plan to the U.S. Army Corps of Engineers in December 2020.
A spokesperson for Enbridge released the following statement after the vote.
Through the Great Lakes Tunnel Project, Enbridge is reimagining infrastructure and energy delivery to Michigan and the region. The decision by the Michigan Public Service Commission (MPSC) is a major step forward in making the Great Lakes Tunnel Project a reality, protecting the Great Lakes and securing the vital energy people in Michigan and surrounding region rely on every day.
With the MPSC’s decision, the Michigan agencies involved in the permitting process have given the go ahead for this critical project. We recognize the tremendous investment of time and deliberation by the MPSC and staff leading to this decision. The MPSC carefully examined this complex issue and considered many viewpoints, questions, concerns, and ideas.
Ultimately, the MPSC agreed with its staff’s conclusions that Line 5 transports critically needed energy for Michigan and the region and placing the Line 5 pipeline in the Great Lakes Tunnel better protects the Great Lakes.
Enbridge would like to thank everyone who provided public comment on the project. We are also grateful to the organizations that intervened in the MPSC approval process to advance the project, including the National and Michigan Propane Associations, and the Michigan Laborers’ District Council. The input from intervenors on both sides of the issue raised important questions that challenge us all to get this right.
We are ready to begin work on this project. The only thing standing in the way of locating a replacement section of Line 5 into the tunnel is a decision on our permit application by the U.S. Army Corps of Engineers.
As we advance this energy modernization infrastructure project, Enbridge remains steadfast in our plan to reduce emissions to net-zero by 2050 by investing in renewables, modernizing our networks, and transporting and delivering these energy resources safely.
Environmental Justice Director Em Perry with Michigan United criticized Friday's approval with the following statement:
“The Michigan Public Service Commission has demonstrated yet again that it is not up to the task of regulating our state’s utilities. Despite years of sustained public outcry against DTE’s unreliable and unaffordable service, just in time for the holidays, the regulatory body has gifted the company yet another rate increase, while Michiganders are getting coal in the form of a bigger bill.
“Given that most of our state’s legislators take contributions from DTE and Consumers Energy, and that a majority of MPSC funding comes from these same companies, where should Michiganders direct their calls for accountability? Utility company money is polluting every corner of this state’s democracy. In the pursuit of a fair and transparent regulatory framework, Michiganders should rally behind efforts to restrict the sway of utility companies by advocating for the prohibition of political contributions from entities with government contracts, thereby fortifying the democratic foundations of our state. Michigan United is preparing to take that fight to Lansing.”
Attorney General Dana Nessel released the following statement regarding Friday's MPSC decision:
"In issuing its decision today [Friday], the Michigan Public Service Commission highlighted the risk posed by the pipelines currently located on the bottomlands of the Straits of Mackinac and the catastrophic effects an oil spill would have on the Great Lakes. Even with today's [Friday's] approval, the fact remains that we are still years away from the tunnel actually being built. In the meantime, Line 5 is a ticking timebomb in the heart of the Great Lakes.
"As Michigan's top law enforcement official, I filed a case in state court against Enbridge on behalf of the People of Michigan to protect Michigan's Great Lakes from the threat posed by Line 5. I am committed to seeing that case through, and I will always take action to protect Michigan's citizens and natural resources from the threat of pollution."
History of the tunnel project
Enbridge secured an agreement with the state to build the tunnel pipeline. Then-Governor Rick Snyder brokered a deal with the company, setting up the Mackinac Straits Corridor Authority to oversee the project. Just days after it was formed, the Mackinac Straits Corridor Authority approved the plans for the new Line 5.
The state legislature passed a bill during the 2018 lame-duck session to confirm the agreement.
That agreement faced a legal challenge by the Whitmer administration. A Michigan Court of Claims judge ruled in Enbridge's favor in October 2019.
Safety concerns
The existing Line 5 twin pipelines has experienced a number of safety concerns in recent history.
In 2017 the company said it found a number of gaps in the protective coating on the pipelines. Enbridge later admited it knew about the gaps for 3 years, but did not tell regulatory agencies.
In 2018 Enbridge revealed that erosion had left several stretches of the pipeline without proper support.
An anchor strike in April 2018 sparked fears of the pipeline leaking. Later evaluations revealed the pipeline was dented less than an inch.
In 2020 the company found that one of the supports for the east pipeline had shifted. Enbridge shutdown that side of the pipeline until repairs could be made. Governor Whitmer called for a complete shut down, asking a judge to order it.
On-going legal battles
Enbridge still faces a number of legal challenges over it's planned tunnel pipeline.
That 2018 law was later reviewed by Michigan Attorney General Dana Nessel at the request of Governor Gretchen Whitmer. Nessel ruled the law unconstitutional and Whitmer ordered the pipeline to shut down. Enbridge defied the order.
A month later, Whitmer said she is open to Enbridge's plan to drill a tunnel.
In June 2020, a judge in Ingham County ordered Enbridge to shut down Line 5.
A month later Whitmer told reporters that Enbridge was falling short of promises to prepare for a potential leak from Line 5 into the Great Lakes. In July the state's Department of Natural Resources formally requested the company pledge to financially cover the cost of any spill clean up.
The Pipeline and Hazardous Materials Safety Administration approved Enbridge's spill clean-up plan in 2019, though a Federal judge later ordered the agency to better explain why it approved the plan.
The state sued Enbridge directly against the existence of Line 5 first in 2019, saying the pipeline posed an "unacceptable risk." A 2nd lawsuit followed in 2020. Enbridge moved to have both cases heard by a federal judge, and won that argument.
RELATED: Federal Judge retains Enbridge pipeline lawsuits.
Enbridge also won a key legal battle in 2020 when a state administrative law judge ruled the Michigan Public Service Commission could have oversight on the tunnel project, but only as it related to public interest to move the pipeline into the tunnel. The MPSC was barred from considering broader issues.
In November 2021 Governor Whitmer said Enbridge was in violation of its easement agreement dating from 1953 and moved to revoke the deal. Enbridge responded 2 months later saying it would not shut down the pipeline.
Enbridge said there was no credible reason to terminate the easement agreement. A deadline of May 12, 2021 passed without any change in Line 5's operation.
Nessel also supports an effort by a Native American tribe in Wisconsin to shut down another portion of Line 5. A state level judge ordered Enbridge to close that portion of the pipeline within the next 3 years.
Enbridge also faces public scrutiny more than a decade after the worst pipeline spill in the continental U.S.
Progress in tunneling project
Despite the legal battles, Enbridge continues to prepare for the tunnel project. Rock sampling along the proposed path finished in November 2019.
Enbridge also sought needed approvals from several agencies, including the U.S. Army Corps of Engineers, and the Michigan Department of Environment, Great Lakes, and Energy.
The planned tunnel faced a number of criticisms, including from environmental activists.Many people staged protests and demonstrations in opposition to Line 5.
RELATED: Trio walks 300-plus miles to protest Enbridge Line 5 pipeline
In 2019 Enbridge said it could complete the tunnel pipeline as early as 2024. Construction has not yet begun, with approval from the U.S. Army Corps of Engineers still pending.
