Professional Documents
Culture Documents
Minnesota
House of
Senate
Representatives
August 24, 2017
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,
__________________________ ________________________
Senator Torrey Westrom Senator Scott Newman
Chair, Agriculture, Rural Chair, Transportation
Development, and Housing Finance and Policy
Finance Committee Committee