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Minnesota

Minnesota
House of
Senate
Representatives
August 24, 2017

VIA ELECTRONIC DELIVERY

Mark Dayton, Governor Michael J. Rothman, Commissioner


Office of the Governor Minnesota Department of Commerce
130 State Capitol 85 Seventh Place East
St. Paul MN 55155 Suite 280
St. Paul MN 55101-3165

RE: 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 nations 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 projects preferred route, the
existing right-of-way, the alternative routes and in the Twin Cities metro area.

The projects 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 lines 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 timeframes, 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 Senator David Osmek Representative Kurt Daudt
Chair, Job Growth and Energy Chair, Energy and Utilities Speaker of the House
Affordability Policy and Finance and Policy
Finance Committee Committee

________________________ ________________________ __________________________


Senator Paul Gazelka Representative Joyce Peppin Representative
Senate Majority Leader House Majority Leader Jim Newberger
Vice Chair, Job Growth and
Energy Affordability Policy and
Finance Committee

________________________ ________________________ __________________________


Senator Andrew Mathews Representative Tony Albright Representative
Vice Chair, Energy and Utilities Paul Anderson
Finance and Policy Committee

________________________ ________________________ __________________________


Representative Cal Bahr Representative Dave Baker Representative
Drew Christensen

________________________ ________________________ __________________________


Representative Brian Daniels Representative Greg Davids Representative Matt Dean

________________________ ________________________ __________________________


Representative Representative Representative Dan Fabian
Steve Drazkowski Sondra Erickson
________________________ ________________________ __________________________
Representative Mary Franson Representative Steve Green Representative Matt Grossel

________________________ ________________________ __________________________


Representative Representative Barb Haley Representative
Glenn Gruenhagen Josh Heintzeman

________________________ ________________________ __________________________


Representative Jerry Hertaus Representative Brian Johnson Representative Debra Kiel

________________________ ________________________ __________________________


Representative Jim Knoblach Representative Jon Koznick Representative Ron Kresha

________________________ ________________________ __________________________


Representative Representative Representative Bob Loonan
Sandy Layman Kathy Lohmer

________________________ ________________________ __________________________


Representative Eric Lucero Representative Dale Lueck Representative
Joe McDonald

________________________ ________________________ __________________________


Representative Jim Nash Representative Representative Cindy Pugh
Marion ONeill

________________________ ________________________ __________________________


Representative Representative Dennis Smith Representative Tama Theis
Linda Runbeck

__________________________ ________________________ __________________________


Representative Duane Quam Representative Mark Uglem Representative Bob Vogel
__________________________ ________________________ __________________________
Senator Justin Eichorn Senator Bill Ingebrigtsen Senator Mark Johnson
Chair, Environment and
Natural Resources Finance
Committee

__________________________ ________________________ __________________________


Senator Mary Kiffmeyer Senator Carrie Ruud Senator Paul Utke
Chair, State Government Chair, Environment and
Finance and Policy and Natural Resources Policy and
Elections Committee Legacy Finance Committee

__________________________ ________________________
Senator Torrey Westrom Senator Scott Newman
Chair, Agriculture, Rural Chair, Transportation
Development, and Housing Finance and Policy
Finance Committee Committee

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