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Procedural History
On April 24, 2015, Enbridge filed separate applications for a certificate of need and a route permit for the Line 3 Replacement Project in Minnesota.
Between August 2015 and September 2018, the Line 3 Replacement Project certificate of need and route permit applications were reviewed pursuant to the procedural requirements under Minnesota rules and statutes. These procedures included numerous public information meetings and accompanying comment periods; the preparation and issuance of the Draft Environmental Impact Statement (DEIS) and the Final Environmental Impact Statement (FEIS); public and evidentiary hearings; the issuance of findings of fact, conclusions of law, and recommendation by an administrative law judge; an affirmative determination of FEIS adequacy, the granting of a certificate of need, and the issuance of a pipeline routing permit by the Minnesota Public Utilities Commission (Commission).
On June 3, 2019, in response to appeals challenging the Commission’s decision finding the FEIS adequate, the Minnesota Court of Appeals found the FEIS inadequate because it did not address the potential impact of an oil spill into the Lake Superior watershed. On October 8, 2019, the Commission issued an order consistent with the decision by the Court of Appeals, determining the FEIS to be inadequate because it did not sufficiently address the potential impact of an oil spill into the Lake Superior watershed. On December 9, 2019, the Second Revised FEIS was issued.
On May 1, 2020, the Commission issued its Order Finding Environmental Impact Statement Adequate, Granting Certificate of Need as Modified, and Granting Routing Permit as Modified.
On June 14, 2021, the Minnesota Court of Appeals affirmed the Commission’s approval of the Line 3 Replacement Project. On August 24, 2021, the Minnesota Supreme Court declined to hear an appeal of the Line 3 Replacement Project.
The new Line 3 pipeline was put into service in Minnesota on October 3, 2021.
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Landowners Choice Program
The Landowner’s Choice Program is a unique program to the Line 3 Replacement Project that was proposed by Enbridge Energy and approved by the Commission. The program gives landowners the ability to decide whether the existing Line 3 pipeline is deactivated and left in place or removed from their property.
As part of the program, resources are available at no cost to the landowner, and include an Independent Program Liaison and an Independent Third-Party Engineer. Independent, no-cost mediation to resolve disputes between landowners and Enbridge regarding operation of the program is also available in the event a dispute relating to your choice cannot be resolved through use of the Independent Program Liaison and the Independent Third-Party Engineer. These resources are paid for by Enbridge.
The Landowner Choice Program is available until July 1, 2025.
For more information contact:
Andrew Levi, Department of Commerce
andrew.levi@state.mn.us
651-539-1840
Website: https://apps.commerce.state.mn.us/eera/web/file-list/14059
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Decommissioning Trust Fund
The Minnesota Public Utilities Commission (Commission) required Enbridge Energy, Limited Partnership to establish a decommissioning trust fund to cover the costs of decommissioning and removal of the new Line 3 Replacement Pipeline at the end of the pipeline’s operation. The Commission created a separate docket (PL-9/CN-21-823).
On September 22, 2022, the Commission required additional steps to assist with developing the terms and conditions of the Decommission Trust Fund. Specifically, the Commission required that a draft trust agreement, including specific details concerning development of the draft, be filed for notice and comment within two months of its order in the matter.
Information on how to submit comments can be found here.
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Related Dockets
Decommissioning Trust Fund Docket, PL-9/CN-21-823
In the Matter of the Decommissioning Trust Fund for the Enbridge Energy, Limited Partnership Line 3 Replacement Pipeline
Certificate of Need Docket, PL-9/CN-14-916
In the Matter of the Application of Enbridge Energy, Limited Partnership for a Certificate of Need for the Proposed Line 3 Replacement Project in Minnesota from the North Dakota Border to the Wisconsin Border
Follow this link to learn more about the Certificate of Need Contested Case Process.
Route Permit Docket, PL-9/PPL-15-137
In the Matter of the Application of Enbridge Energy, Limited Partnership, for a Routing Permit for the Proposed Line 3 Replacement Project in Minnesota from the North Dakota Border to the Wisconsin Border
Follow this link to learn more about the Pipeline Route Permitting Process.
More Information about the Line 3 Replacement Project
You can use the docket numbers above in the eDockets system to review documents that were filed related to the Line 3 Replacement Project.
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Complaint Procedures
Please send complaints or concerns regarding site preparation, cleanup or restoration or other route and associated facilities permit conditions to Jason Risdall with Enbridge Energy. Minnesota Public Utilities Commission (Commission) staff is also available to assist members of the public. In the case where a complaint cannot be satisfactorily resolved, despite the good faith efforts of the permittee and a complainant, Commission staff will address the issues according to the complaint handling procedures outlined in the pipeline routing permit.
Enbridge Energy
Jason Risdall, Regulatory Affairs Supervisor Enbridge, Inc.
26 East Superior Street
Duluth, MN 55802
Jason.risdall@enbridge.com
218-522-4705
The Commission’s Consumer Affairs Office
1-800-657-3782 (voice messages are acceptable)
consumer.puc@state.mn.us (For e-mail reporting, the email subject line should read “PUC EFP Complaint” and include the appropriate project docket number.)
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Agency and Project Contacts
Minnesota Public Utilities Commission
Bret Eknes, Public Advisor
Bret.eknes@state.mn.us
651-201-2236
Scott Ek, Permitting & Commission Process
Scott.ek@state.mn.us
651-201-2255
Department of Commerce – Energy Environmental Review and Analysis
Andrew Levi, Environmental Review
andrew.levi@state.mn.us
651-539-1840
Enbridge Energy
Line3ReplacementProject@enbridge.com
855-788-7805