Before the Office of Administrative Hearings. For the. Minnesota Public Utility Commission

Transcription

1 Mr. Michael Harris Mr. Paul Norgren EXHIBIT Before the Office of Administrative Hearings For the Minnesota Public Utility Commission In the Matter of the Application of Enbridge Pipelines (Southern Lights) L.L.C. Certificate of Need For a Crude Oil Pipeline LSr Project September 14, 2007

2 TABLE OF CONTENTS No. Explanation Page No I Introduction 1 II Portions of Application Sponsored Right of Way Requirements

3 1 Prepared Written Testimony 2 Of I. INTRODUCTION 11 1Q. PLEASE STATE YOUR NAME, PRESENT POSITION AND BUSINESS 12 ADDRESS SPONSOR: MICHAEL HARRIS 15 1A.1 My name is Michael Harris. I am the Senior Lands and Right of Way (ROW) 16 Specialist and serve as a witness for the LSr Project in MN-PUC Docket 17 No. PL-7/CN My business address is 1409 Hammond Avenue, 18 Superior, Wisconsin For the purpose of direct testimony in this proceeding, I have one 21 additional expert witness to introduce into the record, Mr. Paul Norgren. 22 Mr. Norgren will serve as an additional witness for the LSr Project. Mr. 23 Norgren and I will provide joint written testimony in MN-PUC Docket No. 24 PL-7/CN Co-SPONSOR: PAUL NORGREN A.2 My name is Paul Norgren. My title is Right-of-Way Acquisition Supervisor. 29 I will serve as a witness for the LSr in MN-PUC Docket No. PL-7/CN-07-

4 My business address is also 1409 Hammond Avenue, Superior, 31 Wisconsin Q. PLEASE DESCRIBE YOUR EDUCATIONAL AND BUSINESS BACKGROUND MICHAEL HARRIS 37 2A.1 I have an A.A.S. Degree in Supervisory Management. I have 18 years 38 experience in Right of Way, land acquisitions, and damage settlements. I 39 have obtained the Intemational Right of Way Association Designation of Sr. 40 Right of Way Agent with IRWA Certificates in Environment and 41 Negotiations. A statement of my qualifications is attached as Schedule PAUL NORGREN 44 2A.2 I have a B.A. Degree in Mathematics from College of St. Scholastica and 45 J.D. from the Williamette University College of Law. I have over 25 years 46 of experience in the industry, and have held various managerial positions. 47 A statement of my qualifications is attached as Schedule Q. PLEASE EXPLAIN WHY THERE ARE TWO WITNESSES 50 SPONSORING THIS DIRECT TESTIMONY. 51 3A. Enbridge Pipelines (Southern Lights) L.L.C, referred to as "Applicant" or 52 "Enbridge," has elected to have two qualified witnesses co-sponsoring the 53 various sections of the Certificate of Need Application through the 54 submission of direct testimony in this proceeding. This approach will help 55 ensure that at least one of the sponsors is available to testify and be cross-

5 56 examined as the applications proceed through the hearing process under 57 this docket Q. STATE YOUR FAMILARITY WITH THE PROPOSED LSr PROJECT AND 60 YOUR PRESENT RESPONSIBILITIES. 61 4A. We have been involved in the planning and development phases for the LSr 62 Project for the past 18 months and serve as members of the Enbridge 63 Project Execution Team. In that capacity, we are thoroughly familiar with 64 the nature, scope, and purpose of this project, and are able to jointly 65 serve as co-sponsors of section of the application for the liquid pipeline 66 project proposed by the Applicant MICHAEL HARRIS 69 I am responsible for review and scoping of land appraisal information, pipeline 70 easement land titles, survey notifications, and constructability review PAUL NORGREN 73 I am responsible for determining easement and other land use needs for 74 proposed project, supervise and assist agents with negotiations and 75 acquisitions, oversee preparation of various documents, assist Michael 76 Harris as needed

6 80 5Q. STATE THE PURPOSE OF YOUR TESTIMONY. 81 5A. The purpose of the joint testimony is to support the proposed LSr Project by 82 sponsoring sections of the Certificate of Need application in Docket No. 83 PL-7/CN II. PORTIONS OF APPLICATION SPONSORED 86 6Q. WHAT PORTIONS OF APPLICANT APPLICATION DO YOU SPONSOR? 87 OA. We are sponsoring the Revised Section , Pages to the 88 Certificate of Need Application for the LSr Project III. RIGHT OF WAY REQUIREMENTS 91 7Q. PLEASE PROVIDE A BRIEF OVERVIEW OF THE RIGHT-OF-WAY 92 REQUIREMENTS FOR THE PROJECT PROPOSED BY THE APPLICANT 93 7A. As described in the Revised Section , the Applicant anticipates 94 that additional permanent right-of-way will be needed for the LSr Project 95 to accommodate the new pipeline and provide sufficient space for a 96 safety buffer zone. The LSr Project will generally be located adjacent to 97 the existing Lakehead System right-of-way. The proposed alignment of 98 the LSr facility is 25 feet from the existing outermost pipeline and 25 feet 99 to the outermost boundary of the existing or new additional easement. 100 The width of new additional easements will generally range from 0 feet to feet. The Applicant currently anticipates that an additional 50 feet of 102 temporary workspace will be required to construct the proposed facility.

7 Q. DESCRIBE ANY ADDITIONAL RIGHT-OF-WAY REQUIRMENTS THE 105 APPLICANT ANTICIPATES WILL BE NEEDED IN THE CONSTRUCTION OF 106 THE PROPOSED PROJECT 107 BA. The Applicant currently anticipates that additional temporary workspace, 108 beyond the 50 foot temporary workspace construction area, will also be 109 require near the crossings of roads, waterbodies, railroads, utilities and 110 other environmental features on various tracts. These additional 111 temporary workspaces are generally 75 feet in width or less and 300 feet 112 or less in length on each side of the civil or environmental feature that 113 needs to be crossed Q. PLEASE DESCRIBE THE TYPE OF EXISTING RIGHT-OF-WAY EASMENTS 116 ASSOCIATED WITH THE PROPOSED PIPELINE PROJECT A. The existing right-of-way associated with the LSr Project consists of both 118 undefined and defined permanent easements. In locations where the 119 right-of-way is held through undefined ("blanket") easements that do not 120 limit the width of the right-of-way, it will not be necessary to secure new 121 easements to install the pipelines. However, the Applicant will negotiate 122 compensation with the landowner for exercising the existing multiple 123 pipeline rights provided by such blanket easements ' In those areas where the right-of-way is held through defined easements that 126 limit the width of the easement, the Applicant will require new easements

8 127 providing additional space to install the pipelines. These new easements 128 will be negotiated on a tract-by-tract basis with each landowner. The 129 actual right-of-way requirement for each tract will be determined on the 130 basis of field surveys and final engineering designs A. DESCRIBE HOW THE APPLCANT PROPOSES TO MAKE A FINAL 133 DETERMINATION OF THE RIGHT-OF-WAY REQUIREMENTS A. The Applicant will determine if any additional permanent right-of-way is 135 needed based on a review that takes the following into consideration: (1) 136 current alignment of existing pipelines within existing easements; (2) civil 137 and environmental features encountered along the proposed route; (3) 138 constructability issues; (4) engineering design; and (5) construction safety 139 requirements for the installation of new pipeline facilities near existing 140 operating pipeline facilities. Once this information is analyzed, a 141 construction design plan will be prepared to balance potential landowner 142 and environmental impacts with construction, operation and maintenance 143 requirements of the proposed pipeline facilities. The need for additional 144 ' permanent right-of-way will vary on a tract-by-tract basis depending upon 145 analysis of the factors listed above and the nature of the existing 146 easement rights. The width of the temporary workspace for each tract of 147 land will depend in part on the features of the tract, the construction 148 practices required at the site and the outcome of landowner negotiations. 149

9 150 11Q. PLEASE BRIEFLY DESCRIBE THE APPLICANTS' RIGHT-OF-WAY 151 ACQUISITION PROGRAM A. The Applicants have developed a right-of-way program to effectuate the 153 acquisition of land rights for all proposed pipelines in a timely manner. 154 This program is intended to meet the needs of the LSr Project as filed in 155 Docket No. PL-7/CN , and the Alberta Clipper and Southern Lights 156 Projects as filed in Docket No. PL-7/CN , in a coordinated and 157 cost-effective manner The proposed Alberta Clipper Project will share the same new right-of-way 160 easements with the LSr Project west of Clearbrook and will share right-of- 161 way easements with the Southern Lights Diluent Project east of 162 Clearbrook. The objective of the program is to establish the scope of the 163 necessary right-of-way while simplifying the process for affected 164 landowners through one set of negotiations. This should reduce the 165 complexity of the negotiations and minimize time and resource 166 commitments on the part of the landowners. To that end, acquisition 167 efforts are directed at establishing a contiguous 140 foot construction 168 space along the Minnesota right-of-way for typical standard construction 169 methods. Regardless of the nature of the existing easements involved 170 (defined or blanket), acquisition of the required permanent easement and 171 temporary workspace will be based on the fair market value per acre

10 174 12Q. DOES THIS CONCLUDE YOUR TESTIMONY? A. Yes, it does.

11 SCHEDULE 1

12 Enbridge Dockets PL9/CN and PL9/CN /14/07 Micah "Mike" J. Harris Statement of Qualifications Co-Sponsor of Written Testimony in Support of Enbridge Applications for Certificates ofneed before Minnesota Public Utilities Commission Name and business address Education/Licenses Micah "Mike" J. Harris 119 North 25 th Street Superior, Wisconsin (715) Lake Superior College, Duluth, MN Supervisory Management A.A.S Honors Graduate Intemational Right-of-Way Association SR/WA Designation, with certifications in Acquisition and Environment Prosource Ed. Services, Inc. St. Paul, MN Principles of Appraisal Current Position Prior Experience Relevant to Testimony Sr. Lands and Right-of-Way Specialist Present Oversee project details on all land and Right-of-Way aspects which include, but not limited to: drafting easements, application of building and crossing permits, calculating capital budgets, title review, fee purchases, encroachment issues, supervision of contract employees. Transportation Right-of-Way Specialist Virginia Department of Transportation, Culpepper, VA 1996 Duties included landowner negotiations, file and document preparation, easements, relocation assistance, property closings, appraisal review, and limited title searches. Real Estate Transfer Technician County of Albemarle, Charlottesville, VA Duties included interpretation of real estate transfers and surveys, interaction with the general public concerning sales and assessments, updating survey boundaries onto county plat books, and limited title searches. Senior Right-of-Way Agent Great Lakes Gas Transmission Co., Duluth, MN Duties included title searches, drafting easements, acquisition of easements and fee property, permitting, and land damage settlements.

13 SCHEDULE 2 10

14 Enbridge Dockets PL9/CN and PL9/CN /14/07 Paul William Norgren Statement of Qualifications Co-Sponsor of Written Testimony in Support of Enbridge Applications for Certificates ofneed before Minnesota Public Utilities Commission Name and business address Education/Licenses Paul William Norgreni 1409 Hammond Avenue Superior, Wisconsin (715) College of St. Scholastica,Duluth, Minnesota B.A. (cum laude), Mathematics, June 1975 Williamette University College of Law, Salem, Oregon J.D., May 1979 Current Position Prior Experience Relevant to Testimony Right of Way Acquisition Supervisor Enbridge Energy Company, Inc. - Superior, WI January present Acquisition Senior Right of Way Agent Power Engineers, Inc. Hayward, Wisconsin May January 2007 Licensed General Contractor October April 2004 Right of Way Supervisor and Project Specialist Enbridge, Inc. and Lakehead Pipe Line Company, Inc,. April May