Statement from the Minnesota Department of Commerce

The Minnesota Department of Commerce (Department) will file Wednesday an appeal of the Minnesota Public Utilities Commission (Commission) order denying reconsideration, which made final and effective the Commission’s May 1, 2020 order granting a certificate of need for to Enbridge Energy’s Line 3 project.

This appeal is consistent with previous Department actions and with the approval process laid out in Minnesota law. The Department’s appeal will be based on 1) the Commission committed legal error because Enbridge didn’t introduce, and so the Commission could not evaluate the accuracy of, a long-term demand forecast; and 2) the Commission committed legal error by shifting the burden of proof from Enbridge to the Department and others to show that demand for product transmitted by Line 3 would decrease during the forecast period.

With You Every Day

Wherever you are in Minnesota, the Department of Commerce is with you every day. Whether you’re filling up on gas, purchasing a home, working to reduce energy consumption or rebuilding after a disaster—we are with you, no matter what.

The Minnesota Department of Commerce oversees more than 20 regulated industries, ensuring that Minnesota businesses are strong and Minnesota consumers are protected. Our mission is to protect the public interest, advocate for Minnesota consumers, ensure a strong, competitive and fair marketplace, strengthen the state’s economic future and serve as a trusted public resource for consumers and businesses.