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Information Packet to Promote a Resolution

to Temporarily Restrict Enbridge Line 5 Products Until an


Independent Safety Review is Completed

Prepared by the Straits Area Concerned Citizens


for Peace, Justice and the Environment
http://straitspeace.org/

(Source: Martha Thierry, Detroit Free Press from graphic developed by FLOW (For Love of Water)

Contents
About our Organization
Model Resolution
Key Facets of Model Resolution
Significant Letter to the Editor
Enbridge Line 5 Considerations
Preliminary Line 5 Integrity Assessment
Links to Key Documents, Organizations, Videos and News Articles
Suggestions for Promoting Adoption of the Resolution

About our Organization

The Straits Area Concerned Citizens for Peace, Justice, and the Environment (SACCPJE) was
founded in Cheboygan in 2006. Our name summarizes our mission. We are a volunteer,
grassroots group and do not identify with any political party.
We proudly admit an emotional attachment to Pure Michigan, our unspoiled woods and
waters, and of course the Straits of Mackinac. The Straits defines our group - making it much
more than just a place on a map.
We support transitioning to clean energy sources, but are realistic about the current need for
fossil fuel. Pipelines are the safest way to transport oil and gas. Enbridge Line 5 runs 645 miles
from Superior, Wisconsin delivering petroleum products from western Canada and the U.S.
primarily to refineries in Sarnia, Ontario.
Our concern is the safety of a 62 year-old pipeline using a Michigan shortcut and crossing
countless wetlands, streams, over 20 rivers, and our beautiful Straits. We fear a major spill in
the Straits, or in waters which flow into the Great Lakes.
This packet contains documents which provide background for community resolutions calling
on the Governor of Michigan to exercise his statutory authority to restrict the flow of oil
through the Straits segment of the pipeline until it can be certified by independent experts that
the pipeline can be operated safely.
Please contact Joanne Cromley at heronsway850@gmail.com with any questions.
For more information, please visit our web site: http://straitspeace.org/

Straits Area Concerned Citizens for Peace, Justice and the Environment
2/1/2016

Straits Area Concerned Citizens for Peace, Justice and the Environment
2/1/2016

Model Resolution

WHEREAS, Pipeline 5, which began operation in 1953 and now owned by Enbridge, has
transported Alberta crude oil and natural gas liquids from Superior, Wisconsin through 18
Michigan Counties to refineries primarily in Sarnia, Ontario - a distance of 645 miles crossing
numerous wetlands, 20 rivers, the Straits of Mackinac and the St. Clair River at Marysville,
Michigan; and
WHEREAS, the State of Michigan and Enbridge are parties to an Easement Agreement requiring
Enbridge to operate the pipeline in a reasonable and prudent manner and to guarantee
payment of all damages and costs from its operation of said line; and
WHEREAS, the history of pipeline leaks shows that there is a significant risk of severe damage
and economic loss to government entities, individuals, businesses, and the environment; and
Whereas, the Michigan Petroleum and Pipeline Task Force has recommended independent risk
analysis, adequate financial assurances and independent analysis of alternatives to the existing
Straits pipelines, together with disclosure of inspection data and other information; which
recommendations have not yet been satisfied.
NOW, THEREFORE, BE IT RESOLVED, that The ___________________ hereby requests that
Governor Snyder utilize the State's authority by acting immediately to cause Line 5 to be
restricted to not more than 300,000 bbl per day and its cargo be limited to non-oil products
until the recommendations of the Michigan Petroleum Pipeline Task Force have been satisfied
and an independent panel of pipeline experts has certified that Line 5 is safe.

[Copies of this resolution will be provided to Governor Snyder, the Pipeline Advisory Board and
Task Force, and all appropriate elected state and federal representatives.]

Straits Area Concerned Citizens for Peace, Justice and the Environment
2/1/2016

Key Facets of the Model Resolution


What the resolution says:
1. The Governor Snyder needs to exercise his authority to restrict Line 5 to its original design
capacity and to limit its cargo to non-oil products (e.g., natural gas liquids and propane);
2. The Governor needs to do this immediately;
3. The pipeline restriction would remain in effect until all recommendations of the Michigan
Petroleum Pipeline Task Force Report are met. Specifically: a) an independent risk analysis
has been completed; b) adequate financial assurance is in place to cover all monetary losses
from a straits pipeline spill; and c) an independent analysis of alternatives to the existing
straits pipelines are completed and acted upon; and, d) an independent panel of pipeline
experts has certified that Line 5 is safe.
What the resolution does:

By restricting the cargo to non crude oil products, the unacceptable ecological and
economic consequences will be prevented; unless this decision is made, the question is not
if, but when; this is why this resolution is so urgent:

This resolution is temporary and will buy time to pursue the recommendations of the
Pipeline Petroleum Task Force and to pressure Enbridge Energy to comply with the Task
Force recommendation to provide all pertinent pipeline inspection data to an independent
panel of experts to assess the operational safety of the Straits pipeline.

Straits Area Concerned Citizens for Peace, Justice and the Environment
2/1/2016

Significant Letter to the Editor


Milliken: Seek Alternatives to Straits Pipeline Quickly
Detroit Free Press - January 3, 2016
Michigan is called the Great Lakes State for a reason. The Great Lakes surround us, they nourish us, and
they define us as Michiganders. We therefore have special responsibilities as stewards of these lakes.
Today, I am profoundly concerned about a threat that could blacken vast portions of the Straits of
Mackinac, the heart of our Great Lakes.
These concerns stem from the flow of 23 million gallons per day of crude oil through two underwater steel
pipelines installed in 1953, traversing the Straits west of the Mackinac Bridge. For more than six decades,
Canadian Pipeline Company Enbridge has relied on a state granted easement to use our public waters and
bottomlands as a high stakes shortcut for moving oil from western Canada to refineries primarily in Sarnia,
Ontario, Canada across the St. Clair River from Marysville, Michigan.
In my view, these lines under the Straits might not be approved today because of the risk of serious harm.
Therefore, there is a strong argument that they should no longer be used to transport oil. As a matter of
principle and public trust law, the state must never risk the Great Lakes for the benefit of a private interest,
especially if alternative existing pipelines or alternative routes could be used. There is too much at stake:
the Great Lakes support about 800,000 Michigan jobs, providing $54 billion a year in income.
We must do more than simply hope that Enbridge can avoid, at the Straits of Mackinac, what it allowed to
happen in 2010, when an Enbridge pipeline burst near Marshall and poured a million gallons of heavy oil
into the Kalamazoo River watershed.
Scientific experts working with citizen groups have raised serious concerns about the Straits pipelines,
including possible corrosion, dents, missing supports and the impact of invasive mussels covering the pipes.
In response to the publics growing concern, Gov. Rick Snyder formed a task force that acknowledged the
states legal duty to protect the Great Lakes from an oil spill and called, in its July report, for further study
of the Straits pipelines and greater transparency from Enbridge. Snyder followed up with an executive
order that established the Michigan Pipeline Advisory Board. It needs to look at the alternatives of the
Enbridge pipeline including the risks that would be in increased use of freighters and trucks.
I urge that board to act with all due haste to protect the Straits, which University of Michigan
researchers have called the worst possible place for a Great Lakes oil spill.
I call on our leaders at all levels to act swiftly to prevent a permanent stain on our Pure Michigan brand and
an economic and environmental disaster at the Straits of Mackinac. We can do no less if we are to be
responsible stewards of the Great Lakes a treasure that we have a paramount duty to protect.

William G. Milliken served as Governor of Michigan from 1969 to 1983


Straits Area Concerned Citizens for Peace, Justice and the Environment
2/1/2016

Straits Area Concerned Citizens for Peace, Justice and the Environment
2/1/2016

Enbridge Line 5 Considerations


Just before the enactment of the Submerged Lands Act of 1955, a pipeline, now owned by Enbridge Energy,
was laid to transport light crude oil and natural gas liquids from Western to Eastern Canada. The pipeline
takes a shortcut through Michigan and under the Straits of Mackinac. Public awareness of the risk of the
threat of a spill in the Straits of Mackinac was awakened when in July, 2010 Enbridges line 6b spilled over
1 million gallons of heavy crude oil into Tallmadge Creek, a tributary to the Kalamazoo River - the largest
inland oil spill in U.S. history, with clean-up costs currently exceeding $1.2 billion.
Michigan citizens and local governments, particularly concerned about a potential spill in the Straits of
Mackinac, urged their state government to address this problem. Governor Snyder then formed the
Michigan Petroleum Pipeline Task Force,1 which in 2015, concluded its work with a set of recommendations
about the safety of pipelines in Michigan and specifically about Enbridges Line 5 across the Straits of
Mackinac.
The Task Force report recommended that: 1) heavy crude oil not be transported through the Straits
pipeline; 2) that an independent risk analysis and adequate financial assurance for the Straits Pipelines be
completed; 3) that an independent analysis of alternatives to the existing Straits Pipelines be completed;
and 4) additional information from Enbridge relating to the Straits Pipelines be provided and evaluated.
The Governor did respond to the first recommendation by signing an agreement with Enbridge to not
transport heavy crude in the future through Line 5 (even though the pipeline was not designed to transport
heavy crude anyway). The Governor also formed a public advisory body (The Pipeline Safety Advisory
Board) to provide input to the Task Force. Their major focus now is on reviewing the comprehensive risk
assessment and alternative analysis. Unfortunately, this timeframe will not reduce the risk of a major oil
spill from the Straits pipeline in the immediate future.
Other items of value:

The Great Lakes are a drinking water source for over 35 million people and contain 20% of the worlds
fresh, available surface water.

Latest reports state the Great Lakes are linked to over 1.5 million jobs 35% in Michigan.

Tourism is one of Michigans largest revenue sources, bringing in billions of dollars each year.

Our agriculture, fisheries, shipping, and industry depend on a healthy Great Lakes ecosystem.

It is easier to protect Michigans waters and environment by preventing contamination and


environmental degradation, rather than attempting a cleanup and restoration after a spill.

At installation, a 50 year life expectancy was forecast for Line 5; it is now 62 years old.

Corrosion is the prime reason that pipelines fail; from the available data on age, corrosion, abrasion and
stress a spill from Line 5 could happen at any time; the question is not if the line will fail, but when.

http://michigan.gov/documents/deq/M_Petroleum_Pipeline_Report_2015-10_reducedsize_494297_7.pdf

Straits Area Concerned Citizens for Peace, Justice and the Environment
2/1/2016

Using Michigan as a shortcut between western Canadian oil fields and Canadian refineries in Sarnia,
Ontario, Line 5 was completed in 1953 - running from Superior, Wisconsin to Sarnia, Ontario; the line
primarily carries light crude oil and natural gas liquids: at St. Ignace, Michigan the line splits into 2
pipelines running just west of the Mackinac Bridge to Mackinaw City, where it returns to a single pipe.

At least 90% of the oil moved through Line 5 ends up in Canadian refineries, with the remainder
delivering product to the refineries near Detroit, Michigan and Toledo, Ohio.

85% percent of the natural gas liquids and propane carried by Line 5 stays in the Upper Peninsula
primarily used for heating homes.

According to a 2014 study by the University of Michigan, the Straits are the worst possible place for
an oil spill in the Great Lakes because of the shifting currents; oil would spread throughout Lake
Michigan and Lake Huron and perhaps downstream to Lakes St. Clair and Erie.

The U.S. Coast Guard Commandant testified before Congress in 2015 that the Coast Guard would be
unable to respond effectively to an open water oil spill in the Great Lakes; spill recovery companies say
that recovering 30% is considered a good response less if the lakes are frozen.

Since 1999, Enbridge spills and other failures have released 181,311 barrels or 7,615,062 gallons of
liquid hydrocarbons into the environment.

The number of spills per year from Enbridge pipelines has increased steadily from an average of 50
spills per year from 1999 to 2004, to an average of over 90 spills per year from 2010 to 2014.

The National Transportation Safety Board (NTSB) identified the following causes of the Line 6b 2010
spill in Marshall, Michigan: pervasive organizational failures at Enbridge; inadequate integrity
management oversight; and inadequate emergency response resources and procedures;

The NTSB also identified that a 2005 Enbridge engineering assessment and the companys criteria for
excavation and repair showed that six crack-like defects were left in the [Line 6b] pipeline,
unrepaired, until the July 2010 rupture.

Public Trust Doctrine and Act 10 of 1953 provide the State with the authority, when faced with
uncertainty of devastating or serious harm, take action to prevent harm, rather than waiting for a
catastrophe or harm to occur.

The State also has the authority to enforce its 1953 easement agreement for the pipeline; the easement
requires, among other things, that Enbridge operate in a reasonable and prudent manner; that it supply
inspection and line repair records; that it provide supports at intervals of 75 feet for the Straits
Pipelines and that it have insurance in place adequate to pay all damages and losses. Enbridge is
currently deficient in many areas of this agreement with the State.

Despite claims by Enbridge that the Straits Pipelines are in excellent condition, the Michigan Pipeline
Task Force concluded that Enbridge has not made available the information needed to allow
independent experts to validate these claims.

The existing pipeline system, due in part to an enlarging Enbridge 6b, is more than adequate to handle
the light crude oil, now transported through line 5.2

http://flowforwater.org/wp-content/uploads/2015/12/FLOW-Composite-Report-12-14-15-FINAL.pdf

Straits Area Concerned Citizens for Peace, Justice and the Environment
2/1/2016

Preliminary Line 5 Integrity Assessment


Prepared by Edward E. Timm, PhD, P.E. on 10/20/2015
Regarding Enbridge
Enbridges position that all parts of Line 5 are in great condition is not supported by publicly available
data and is contradicted by data released in Enbridges 2014 Operational Reliability Report. Enbridge
continues to wage a very expensive, data free PR campaign while making vague promises to back it up
with engineering data. This approach coupled with Enbridges operational failures that led to the
rupture of Line 6b creates the impression that they cannot substantiate their position that Line 5 is not
an imminent hazard.
Enbridge claims to have completely changed their culture of poor operational discipline and biased
engineering assessments. This is also the position of the Association of Oil Pipelines (AOPL) but cultural
change in an industry that has avoided accountability for decades is very difficult to implement. Real
disclosure of Enbridge internal assessments of the condition of Line 5 that admit a 62 year old steel
pipe is not like new is needed to build trust.
Regarding the Michigan Public Service Commission (MPSC) and Governors Task Forces
The MPSC played a very active role in supervising the design and evolution of Line 5 from its inception
in 1953 through 1993 resulting in publically available documentation of its configuration and
meaningful operating restrictions. After 1993, the MPSC gave up meaningful oversight of Line 5 and
little is publically available about how it is currently configured.
The MPSC last set operating pressure restrictions for Line 5 in 1963 based on new pipe. Since then the
agency not reexamined this issue to determine the effects of extensive reconfiguration and 62 years of
corrosion on Line 5.
Based on the limited publicly available information, it appears as if Enbridge has submitted significant
data to the MPSC for examination by the original pipeline Task Force that data is being held by the
Attorney General under a confidentiality agreement. It is not known how much of this data was
reviewed by the original Pipeline Task Force but it is certain that any committee composed of nonexperts will not be able to correctly interpret such information and will not reach meaningful
conclusions.
Regarding the non-Straits Sections of Line 5
From an original capacity of 120,000 bbl/d with no pump stations in Michigan to a maximum of
565,000 bbl/d with 19 pump stations to its current 540,000 bbl/d with 12 pump stations and using drag
reduction technology, Line 5 has been extensively reconfigured. Line 5 can now be considered as
twelve separate pipelines that have not faced outside review since 1963.
The rupture of Line 5 near Crystal Falls in 1999 due to coating failure and corrosion as well as other
documented maintenance activities leads to the conclusion that Line 5 is significantly corroded. This
conclusion is supported by data in Enbridges 2014 Operational Reliability Report. Richard Kuprewicz, a

Straits Area Concerned Citizens for Peace, Justice and the Environment
2/1/2016

noted pipeline expert, has said the section along US-2 is a most likely failure point. I support that
conclusion but suspect the sections where Line 5 crosses the Indian River are also compromised.
Safe operation of any old pipeline depends on careful In Line Inspection (ILI using smart pigs) and
unbiased interpretation of that data to make repair/replace decisions in real time then implementing
them. Enbridge failed on all three of these tasks on Line 6B. It is not known if Line 5 has been
completely reexamined using current good practice and how much risk Enbridge is willing to accept
when a cash flow of about two million dollars a day is at stake.
Encroachment of habitation on the Line 5 Right of Way raises significant questions about whether
adequate safety factors exist to prevent loss of life in these areas.
Regarding the Straits Sections of Line 5
Enbridge claims these pipes are in like new condition, an extremely improbable claim for any steel
structure that has been submerged for 62 years. No publicly available data exists that would support
this claim. It is known that washout of the support bed, encrustation by mussels, and currents that
greatly exceed the original design bases have subjected these pipes to stresses not contemplated by
the original pipeline designers. How much stress is locked up in Line 5 due to this abuse cannot be
determined by Enbridge or anybody else.
The protective coating system of the Straits sections of Line 5 consisting of two layers of fiberglass
saturated with plasticized coal tar and wrapped with oaken lagging for abrasion protection has
apparently failed. The bottom of the pipe may well be subject to significant abrasion and corrosion
because of this.
Even though the Straits sections of Line 5 have pipe with very thick walls, the combination of locked up
stress and corrosion make it impossible to determine how safe this pipe is from the public record. It is
certain that the original design safety factors agreed to between the MPSC and the Lakehead Pipeline
Company no longer apply.
Conclusions
Significant recent ruptures of aging pipelines with resulting damage to the environment and loss of life
makes it unclear if the industry has the knowledge and the will to operate safely.
It is my professional opinion that Line 5 which is well past its likely design life of 50 years, has been
extensively reconfigured to operate well beyond its original design parameters, and has not been
subjected to significant public scrutiny for a very long time should be thoroughly examined by licensed
experts using all the information that exists under MPSC auspices.
Given the uncertainty and lack of urgency resulting from the political nature of such an examination it
is my opinion that Line 5 should be derated to its original design capacity of 300,000 bbl/d and
restricted to non-oil cargos (e.g. LPG, NGLs and Propane) because of the imminent hazard it presents
until thorough review by licensed experts can take place. Legal analysis by attorneys from FLOW
suggests the State of Michigan has the authority to order such restriction and may be failing in its
public trust duty to protect the public and environment.

Straits Area Concerned Citizens for Peace, Justice and the Environment
2/1/2016

Links to Key Documents, Organizations and News Articles


Key Documents
Michigan Petroleum Pipeline Task Force Report 7/2015
http://www.michigan.gov/documents/deq/M_Petroleum_Pipeline_Report_201510_reducedsize_494297_7.pdf
A Scientific and Legal Policy Report on the Transpost of Oil in the Great Lakes. Olson, James and Liz
Kirkwood on behalf of FLOW (For Love of Water) 9/21/2015
http://flowforwater.org/wp-content/uploads/2015/09/FINAL-FLOW-9-21-15-REPORT-ON-ACTION-PLAN-ANDCOMMENTS.pdf
Eliminating Line 5 Oil Pipelines Unacceptable Risk To the Great Lakes Through a Comprehensive
Alternatives Analysis and Systems Approach. FLOW (For Love of Water) 12/14/2014
http://flowforwater.org/wp-content/uploads/2015/12/FLOW-Composite-Report-12-14-15-FINAL.pdf
SUNKEN HAZARD: Aging oil pipelines beneath the Straits of Mackinac an ever-present threat to the Great
Lakes. National Wildlife Federation 2012
https://www.nwf.org/pdf/Great-Lakes/NWF_SunkenHazard.pdf
Enbridge Line 5 Wikipedia.org
https://en.wikipedia.org/wiki/Enbridge_Line_5
Straits of Mackinaw Pipe Line Easement Conservation Commission 0f The State of Michigan To Lakehead
Pipeline Company, Inc., 4/23/1953 http://www.michigan.gov/documents/deq/Appendix_A.1_493978_7.pdf

Key Organizations
Michigan Petroleum Pipeline Task Force
https://mi.michigan.gov/deq/0,4561,7-135-3306_73791---,00.html
Michigan Pipeline Safety Advisory Board
http://www.michigan.gov/energy/0,4580,7-230-73789_74071---,00.html
Food and Water Watch
http://www.foodandwaterwatch.org
For Love of Water (FLOW)
http://flowforwater.org
Oil and Water Dont Mix
http://www.oilandwaterdontmix.org
Enbridge Energy
http://www.enbridge.com/

Video Links
National Wildlife Fund: Sunken Hazard
https://www.youtube.com/watch?v=qCMfDDcyRb0
A Massive Oil Pipeline Under the Great Lakes Is Way Past Its Expiration Date
http://motherboard.vice.com/read/the-aging-oil-pipelines-below-the-great-lakes
Straits of Mackinac worst possible place for a Great Lakes oil spill, U-M researcher concludes
http://ns.umich.edu/new/releases/22284-straits-of-mackinac-worst-possible-place-for-a-great-lakes-oil-spillu-m-researcher-concludes

Straits Area Concerned Citizens for Peace, Justice and the Environment
2/1/2016

Key News Articles


Enbridge: Line 5 pipeline is vital to Michigan Guest Commentary, Brad Shamla, Vice President of U.S.
Operations, Enbridge, Inc. Bridge 1/26/2016
http://bridgemi.com/2016/01/enbridge-line-5-pipeline-is-vital-to-michigan/
Is Time Running Out on Enbridges Straits Oil Line 5? Guest Commentary, Ken Winter, member Michigan
Journalism Hall of Fame Bridge 1/19/16
http://bridgemi.com/2016/01/is-time-running-out-on-the-enbridge-straits-pipeline-5/
Milliken: Seek alternatives to Straits pipeline quickly Detroit Free Press 1/2/2016
http://www.freep.com/story/opinion/contributors/2016/01/02/milliken-seek-alternatives-straits-pipelinequickly/78079990/
What lurks beneath the Great Lakes? An oil pipeline that couldnt get built today The Washington Post
01/02/2016 https://www.washingtonpost.com/business/what-lurks-beneath-the-great-lakes-an-oilpipeline-that-couldnt-get-built-today/2015/12/31/42cca694-ad94-11e5-b820-eea4d64be2a1_story.html
Mackinac Pipeline Not Necessary Detroit Free Press 12/14/2015
http://www.freep.com/story/news/2015/12/14/straits-mackinac-oil-pipeline-line5/77174364/
Decommissioning Line 5 would not disrupt Midwest oil demand, report says The Detroit Metro News
12/14/2015 http://www.metrotimes.com/Blogs/archives/2015/12/14/decommissioning-line-5-would-not-disruptmidwest-oil-demand-report-says

NOAA graphics show how a Mackinac straits oil spill might look mlive.com 11/29/15
http://www.mlive.com/news/index.ssf/2015/11/noaa_enbridge_mackinac_spill_m.html
As Emergency Response Teams Practice, Protesters Call for Shutdown of Line 5 St. Ignace News 10/1/15
http://www.stignacenews.com/news/2015-1001/News/As_Emergency_Response_Teams_Practice_Protesters_Ca.html
Senators want ban on vessel shipments of oil on Great Lakes Chicago Tribune 9/23/15
http://www.chicagotribune.com/news/sns-bc-mi--oil-shipments-great-lakes-20150923-story.html
Schuette: Days numbered for Mackinac straits pipeline The Detroit News 7/14/15
http://www.detroitnews.com/story/news/politics/2015/07/14/schuette-pipelines-straitsmackinac/30128275/
Submerged Enbridge Pipeline Under Michigans Straits of Mackinac Raises Fears The Huffington Post
3/3/14 http://www.huffingtonpost.com/2014/03/03/enbridge-pipeline-mackinac_n_4890831.html
Enbridge's Kalamazoo Disaster: Straight from the Files The Tyee, Vancouver 8/27/12
http://thetyee.ca/News/2012/08/27/Kalamazoo-Disaster-Files/
The Dilbit, Disaster: Inside The Biggest Oil Spill You've Never Heard Of, Part 1 Inside Climate News
6/26/12 http://insideclimatenews.org/news/20120626/dilbit-diluted-bitumen-enbridge-kalamazoo-rivermarshall-michigan-oil-spill-6b-pipeline-epa
The Dilbit Disaster: Inside The Biggest Oil Spill You've Never Heard Of, Part 2 Inside Climate News
6/27/12 http://insideclimatenews.org/news/20120627/dilbit-kalamazoo-marshall-oil-spill-bitumenenbridge-patrick-daniel-6b-pipeline-epa-tar-sands

Straits Area Concerned Citizens for Peace, Justice and the Environment
2/1/2016

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