Michigan Commission to Decide on Siting Authority for Enbridge’s Line 5 Pipeline Segment

The Michigan Public Service Commission deferred action on Enbridge Energy LP’s application seeking approval for the replacement of a pipeline segment under the Straits of Mackinac while it considers whether new siting authority is required to build the portion, according to an April 22 news release. Enbridge sought a declaratory ruling that it already has authority under the commission’s original 1953 order approving the Line 5 oil and gas pipeline.

Enbridge filed an application on April 17 requesting siting approval to replace and relocate the Line 5 section into a tunnel to be constructed beneath the Straits. In the alternative, the company requested a declaratory ruling that it already has the authority from the commission to build the segment based on the 1953 order.

If the commission finds that Enbridge does not already have the authority for the project, the application would be reviewed as part of a contested case, beginning with public notice and a prehearing conference.

In light of significant public interest in the Line 5 issue, the commission also established a public comment period on the request for a declaratory ruling. The commission invites commenters to provide legal analysis of the issues presented in the request, which could include references to statutes, rules, and prior orders relevant to the matter and analysis of their applicability to the Line 5 project.

Initial and reply comments are due within May 13 and May 27, respectively.

Enbridge Energy LP is a subsidiary of Enbridge Inc.