Letter to Mark Dayton, Governor

Office of the Governor
130 State Capitol
St. Paul MN 55155 
Enbridge Line 3 
Replacement Project
PUC Docket Numbers CN-14-916 and PPL-15-137
Dear Governor Dayton and Commissioner Rothman,
The proposed Line 3 Replacement Project (L3R) is a vital energy infrastructure project for Minnesota and the region. We write to express our ongoing concern about the many delays in the regulatory process for this project. We ask that you instruct your agencies to expeditiously move the project forward with no further delays, and for the Department of Commerce to encourage the Public Utilities Commission to do the same.
This $3 billion investment in basic American infrastructure is important to our nation’s economy. It will create thousands of good-paying construction jobs and provide millions in much-needed tax revenue to local governments across northern Minnesota.
There is simply no disputing the fact L3R will improve safety and environmental protection by replacing the current aging pipeline infrastructure. Delay would offer no environmental benefit.
Instead it would do the opposite by keeping crude oil transportation in aging pipeline infrastructure that has been identified as in need of replacement for integrity reasons. Economic security and environmental safety should not be held hostage by a proxy war against petroleum use, which is not directly relevant to this project. LR3 in no way hinders the use or development of alternative fuels. It simply facilitates safe transportation of the petroleum our economy currently requires.
Enbridge has been responsibly operating existing pipelines in Minnesota for decades. The company provides living-wage jobs and pays significant taxes across the state, along with transporting the energy we need. This is a fact often taken for granted.
There have been remarkable delays on this project. Enbridge applied for the Line 3 Replacement project in April 2015. To date, an unprecedented amount of public outreach, research and hearings has been conducted:
· Since April 2015, the Department of Commerce has held 49 public meetings (15 in August 2015, 12 in April/May 2016, and 22 in June 2017).
· There have been numerous public comment periods for the public to weigh in.
·In September and October of 2017, the Administrative Law Judge will open another public comment period and hold 18 additional meetings, bringing the total of public meetings to 69.
·Throughout the process, the Public Utilities Commission has regularly added time to the schedule, far exceeding statutory timelines, for more public input.
·Enbridge has also been proactive in meeting with community members, holding open houses and answering questions about the project. Since 2013, Enbridge has held more than 1,200 open houses and Q&A sessions along the project’s preferred route, the existing right-of-way, the alternative routes and in the Twin Cities metro area.
The project’s Draft Environmental Impact Statement (DEIS) more than adequately complies with both the language and the spirit of the Minnesota Environmental Policy Act (MEPA). MEPA requires agencies to take a “hard look” at potential environmental impacts. It does not dictate endless review, nor is it intended to stop important energy infrastructure projects from happening at all. The DEIS addresses the full scope of potential project impacts, and including but not limited to:
·Alternatives. The DEIS includes an analysis of a wide scope of alternatives, ranging from “no action” to minor route deviations to entirely different routes.
·Natural Resources. Impacts of construction on natural resources, including water resources, plants, and wildlife, are comprehensively identified and discussed.
· Tribal Resources. This process included more extensive tribal outreach than the State of
Minnesota has ever before conducted for energy infrastructure projects, and a discussion of that outreach and its results are provided in the DEIS.
·Disposition of Existing Line 3. The DEIS includes a thorough analysis of pipeline abandonment (i.e., in-trench deactivation) and removal, including an identification of the significant human and environmental risks of pipeline removal.
·Crude Oil Releases. The DEIS includes discussion and analysis of the potential for and impacts of an accidental release, including the incorporation of analysis prepared by subject matter experts at the direction of the Department.
·Greenhouse Gas Emissions. The DEIS includes an analysis of greenhouse gas emissions. On this point, it is important to remember that L3R is a replacement project – the existing Line 3 pipeline is already operating and transporting crude oil. Although L3R will restore the existing line’s historical operating capabilities, it is not expected to expand production or consumption of crude oil.
The most recent delay announced by Governor Dayton August 9 is yet another example of the agencies’ serial inability to meet deadlines. The Department of Commerce consistently exceeds statutory and regulatory time frames, as does the Public Utilities Commission, which has added yet another layer of review to the project. While the DOC may be issuing the Final EIS this week, the project has a number of steps to go. We ask that you instruct your agencies to increase coordination between themselves, under close supervision of your office, to ensure progress and accountability. Regulatory fairness and predictability, along with robust government review and oversight, are critical to attracting and keeping economic development in Minnesota. You have indicated this is a top priority for you, and it is for us as well.
Sincerely,
Representative Pat Garofalo Chair, Job Growth and Energy Affordability Policy and Finance Committee; Senator David Osmek Chair, Energy and Utilities Finance and Policy Committee; Representative Kurt Daudt Speaker of the House; Senator Paul Gazelka Senate Majority Leader; Representative Joyce Peppin House Majority Leader; Representative; Jim Newberger Vice Chair, Job Growth and Energy Affordability Policy and Finance Committee; Senator Andrew Mathews Vice Chair, Energy and Utilities Finance and Policy Committee; Representatives: Tony Albright, Paul Anderson, Cal Bahr, Dave Baker Drew Christensen, Brian Daniels, Greg Davids, Matt Dean, Steve Drazkowski, Sondra Erickson, Dan Fabian, Mary Franson, Steve Green,  Matt Grossel, Glenn Gruenhagen, Barb Haley, Josh Heintzeman, Jerry Hertaus, Brian Johnson, Debra Kiel, Jim Knoblach, Jon Koznick, Ron Kresha, Sandy Layman,  Kathy Lohmer, Bob Loonan, Eric Lucero, Dale Lueck, Joe McDonald, Jim Nash, Marion O’Neill, Cindy Pugh, Linda Runbeck, Dennis Smith, Tama Theis, Duane Quam, Mark Uglem, and Bob Vogel.
Senators: Justin Eichorn, Bill Ingebrigtsen, Mark Johnson, Mary Kiffmeyer, Carrie Ruud, Paul Utke, Torrey Westrom, and Scott Newman.
 

Richards Publishing

P.O. Box 159
239 2nd Ave
Gonvick, MN 56644
Telephone: (218) 487-5225
email: richards@gvtel.com

 

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