(Source: MIRS.news, Published 12/1/2023) The Michigan Public Service Commission (MPSC) approved on Friday a plan by Enbridge to replace the segment of the Line 5 pipeline crossing the Straits of Mackinac with a concrete tunnel, on the condition that the replacement will undergo additional safety testing and standards.
“I know that some of you are disappointed with our decision. I acknowledge that,” MPSC Chair Dan Scripps told those in attendance, “but I also want to assure you that your participation improved both the process and the result.”
That participation continued Friday.
The majority of public comments following the commission's vote were in opposition to the project. Multiple speakers requested that the word “public” be removed from the Michigan Public Service Commission’s name and one commentator told the commissioners they ruined Christmas.
Scripps and Commissioner Katherine Peretick voted yes on the order, while Commissioner Alessandra Carreon abstained, reasoning that she had only been appointed to the MPSC approximately four months ago, and had missed a majority of the comments from more than 23,000 individuals since the order was filed in April 17, 2020.
MPSC engineer Travis Warner said the commission determined there was a public need to replace the section, along with a public need to protect the ecological, natural and cultural resources of the Great Lakes. Commissioners reasoned that replacing the existing dual pipelines addressed both needs.
Scripps said that, as it stands, Line 5 continues to move crude oil and natural gas liquids through the dual pipelines, though he was interrupted by interjections of “illegally” from the crowd, referring to an effort by Attorney General Dana Nessel to shut down the pipeline.
He said the risk of a spill, which could be catastrophic, is much higher with the pipeline exposed, and he referenced the anchor that dented the Line 5 pipeline in the Straits five years ago.
“Fortunately, the pipeline didn’t rupture in that case, but there’s no guarantee we’d be so lucky the next time,” he said.
Nichole Keway Biber, a member of the Anishinaabek Caucus, disagreed. She said the 73-year-old pipeline could rupture at any time, and “I don’t think there was an anchor strike from the Kalamazoo River,” referring to Enbridge’s 2010 oil spill.
“You just made it that much more likely,” she said, “because, basically, they get to keep the oil while they have their little pet project. We all know it's probably going to be contested by people who are sane and care about our collective future, but in the meantime, they can keep their oil flowing.”
On the decision, Nessel said the MPSC highlighted the risk posed by the current pipeline, and “even with today’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 time bomb in the heart of the Great Lakes.”
Nessel said she’s committed to seeing her court case through and continuing the attempt to have it sent back to state court.
Robert Hamilton, a Holland resident, called it a “sleight of hand distraction, so that Enbridge can continue to pump their petroleum under the Straits of Mackinac and on through the existing inadequate and unsafe infrastructure.
“That tunnel is never going to be built,” he said.
Enbridge is now able to proceed, so long as the project receives approval by such regulatory agencies as the Mackinac Straits Corridor Authority and the United States Army Corps of Engineers.
Enbridge applauded the decision as a major step forward in making the tunnel project a reality.
“We are ready to begin work on this project,” Enbridge wrote. “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 network and transporting and delivering these energy resources safely,” the statement read.
The approval of the pipeline comes after the MPSC found that no alternatives to the pipeline were feasible. The pipeline was constructed in 1953 and transports an estimated 540,000 barrels of crude oil and natural gas liquids per day. Those alternatives that were suggested could come with a greater environmental impact to the Great Lakes, Warner said.
Scripps said the evidence suggests that among the broad range of options and alternatives considered, relocating the segment to a tunnel was the preferred option, but, “at the same time, there is an act of energy transition taking place, including the shift from fossil fuels to cleaner energy resources.”
Warner said the project approval will come with conditions, including a prohibition on significantly changing the route and location of the replacement segment, a ban on third party utilities co-located in the tunnel and a requirement of risk management plans.
The 30-inch diameter pipeline, which will be housed in a concrete tunnel beneath the straits, is designed to meet all federal pipeline safety requirements, Warner said, along with undergoing testing at pressures greater than its maximum allowable operating pressure before being placed into operation.
The tunnel will be between 60 and 370 feet below the lake, primarily through rock and with a diameter of 21 feet, Warner said. In addition to housing the replacement pipeline, it will allow space for electric and communications cables, ventilation systems, leak detectors, dewatering equipment, third party utilities and other equipment needed for inspections and maintenance.
One commentator questioned the timing of the decision to approve the order, calling it convenient that the decision was made before legislation that would give the MPSC expanded regulatory oversight to weigh environmental justice, affordability and public health factors takes effect.
Others who testified expressed concern about Indigenous burial grounds and memorials that are yet to be fully identified.
During her testimony, Biber referenced excerpts from several Indigenous-authored books she brought forward, one called Braiding Sweetgrass.
“They both have a lot of meaning to us, because they are part of what has assured that we know who we are, and that we're in the seventh fire right now,” she said. “What we've gathered together of our teachings, and of our responsibilities, is what we're carrying here now, and there's a possibility, at this moment, of an eighth fire being lit.
“At this time, the light-skinned race will be given a choice between two roads. If they choose the right road, the seventh fire will light the eighth and final fire - an eternal fire of peace, love, brotherhood and sisterhood,” she said. “If the light-skinned race makes the wrong choice of roads, then the destruction which they brought with them in coming to this country will come back to them and cause much suffering and death to all Earth's people.
“Today is your choice,” she said.
Andrea Pierce, a member of the Little Traverse Bay Band of Odawa Indians and chair of the tribe’s Elections Board, said “you have literally and completely ruined Christmas.”
The decision by the MPSC was opposed by the Michigan League of Conservation Voters, the National Wildlife Federation, Oil and Water Don’t Mix, FLOW (For the Love of Water), the Groundwork Center for Resilient Communities and the Michigan Climate Action Network.
It was supported by the Michigan Chamber, Rep. Cam Cavitt (R-Cheboygan) and Senate Republicans.
Senate Republican Leader Aric Nesbitt (R-Lawton) commended the MPSC for “withstanding political pressure from those seeking to appease environmental groups or polish their resumes for higher office.”
