Mackinac Straits Corridor Authority approves oversight contracts and specification changes as federal and state permits remain pending

Mackinac Straits Corridor Authority members on July 11 approved a set of consultant contracts, launched a procurement for an owner’s representative and accepted a package of technical changes to the project specifications while key federal and state permits for the tunnel and Line 5 relocation remain under review.

The authority was repeatedly told by staff and Enbridge representatives that construction cannot begin until outstanding authorizations are issued. Devon Sullivan, special assistant attorney general, said the matter involving the Michigan Public Service Commission is "fully briefed and awaiting action from the Supreme Court." Michael Belligan, a NEPA specialist at the Michigan Department of Transportation, said the U.S. Army Corps of Engineers published a draft environmental impact statement on May 30 and that the Corps expects to complete a final EIS by mid– to late fall, with a record of decision 30 days afterward. Enbridge said it has reapplied to the Michigan Department of Environment, Great Lakes, and Energy and anticipated that EGLE could deem the new application administratively complete and start a public-notice period in July.

Why it matters: the authority’s procurement and oversight role becomes active only if permits are issued. Enbridge representatives and staff repeatedly told the board that the timing of the Army Corps and EGLE actions will determine when the company may order the tunnel-boring machine and begin construction. Enbridge said procurement of a TBM typically takes about 18 months after ordering.

Permitting and schedule - Michigan Public Service Commission: Sullivan told the board the Michigan Court of Appeals affirmed the MPSC’s Dec. 1, 2023 order and Enbridge has filed for leave to the Michigan Supreme Court; the application is fully briefed and awaiting the court’s action. No decision date was given. - Army Corps of Engineers: MDOT’s NEPA specialist provided permit-review number LRE2100046356A19 and said the Corps’ draft EIS public comment period closed June 30; staff expect a final EIS by mid to late fall and a record of decision roughly 30 days after that if the Corps issues a permit. - EGLE: staff and Enbridge said Enbridge refiled Part 303/325 (wetlands/Great Lakes submerged lands) and NPDES permit applications; EGLE has characterized part of the permit submission as administratively incomplete and Enbridge told the board it expected a final deficiency…