The State has announced a Third Proposed Agreement between Governor Snyder, the Department of Environmental Quality, the Department of Natural Resources and Enbridge. This agreement would supplement the two previous agreements between the state and Enbridge – the first in November 2017 and the second in October 2018.
This draft agreement would carry forward the safety requirements of the first two agreements and require Enbridge to construct a tunnel beneath the Straits that will provide secondary containment for a replacement Straits pipeline and be capable of housing multiple utilities. It also includes interpretations of the current 1953 easement for the dual pipelines and ongoing financial assurance requirements. Under the proposed Third Agreement, Enbridge would cover all costs for design, construction, operation and maintenance of the multi-use tunnel. The agreement would also establish more stringent inspection and safety requirements in successive years for the existing dual Line 5 pipelines on the bottom of the Straits as the tunnel and replacement line are constructed.
Comments on the draft document can be made by phone at 833-367-6713 or by email to DNR-StraitsTunnelComment@michigan.gov. Comments will be accepted through December 18. The agreement is posted on the mipetroleumpipelines.com website.