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Authorizing Bakken Pipeline Company LP To Operate and Maintain Existing Pipeline Facilities at Burke County, North Dakota, at the International Boundary Between the United States and Canada

Energy & EnvironmentEnergy & EnvironmentTradeTrade

In simple terms

This presidential permit authorizes Bakken Pipeline Company LP, a subsidiary of Canadian Enbridge Inc., to operate and maintain existing 12-inch pipeline border facilities near Portal, North Dakota for transporting crude oil and petroleum products across the U.S.-Canada border. It supersedes and revokes the 1996 permit while imposing conditions on operations, inspections, national security provisions, and liability.

Federal Register Open PDF 91 FR 21213

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 91 FR 21213

    Federal Register PDF

Market exposure

Policy exposure mapping — not investment advice. Illustrative public companies are incomplete and not recommendations.

Sectors

Oil & gas

Mechanisms

Licensing

Role pressure

  • MixedDomestic producer — Continued cross-border transport capacity supports market access but operational flexibility on throughput/direction may affect regional price dynamics
  • ProtectiveImporter — Existing facilities grandfathered with favorable conditions; no new construction requirements or tariffs imposed
  • MixedDownstream manufacturer — Stable supply of crude oil and refined products but potential vulnerability to unilateral presidential national security takeover
  • ProtectiveTrading-partner exporter — Canadian parent company (Enbridge) maintains operational control with minimal new restrictions; favorable cross-border trade continuity

Geographies

USCA

Illustrative public companies

Curated watchlist matches by sector/role — incomplete; not a recommendation.

LNGCheniere EnergyCVXChevronCOPConocoPhillipsXOMExxon MobilGEVGE VernovaSHELShellTSLATesla

Confidence: high · Policy alerts

Key directives

  • Authorize operation and maintenance of existing 12-inch pipeline border facilities at Portal, North Dakota
  • Permit transport of crude oil and petroleum products (excluding natural gas subject to Natural Gas Act)
  • Require PHMSA compliance and access for federal/state/local inspectors
  • Require permittee to hold harmless and indemnify U.S. for environmental liabilities
  • Require written notification of ownership/control transfers to President or designee
  • Permit national security takeover by President with just compensation
  • Require removal of facilities upon permit termination at permittee expense

Prior policyRollback

  • revokePresidential permit dated April 8, 1996

What to expect

Immediate

  • Permit takes effect upon signing
  • 1996 permit superseded and revoked
  • Existing border facilities authorized for continued operation

Near term (90d)

  • Permittee must maintain compliance with PHMSA and other regulatory requirements
  • Potential filings with President or designee as required

Long term

  • Ongoing operation subject to presidential amendment for substantial changes
  • Potential national security takeover under Article 4
  • Indefinite operational authorization unless terminated, revoked, or surrendered

Risks & tensions

  • Subsidiary of Canadian corporation operating critical cross-border energy infrastructure raises potential national security considerations
  • Article 4 national security takeover provision is broadly discretionary with undefined 'due notice' standard
  • Throughput capacity and directional flow changes allowed without presidential approval, creating operational flexibility but reduced oversight
  • Environmental liability indemnification shifts cleanup costs entirely to private entity
  • Vague 'substantial change' standard in Article 1 leaves ambiguity about what requires presidential approval
Other: Authorizing Bakken Pipeline Company LP To Operate and Maintain Existing Pipeline Facilities at Burke County, North Dakota, at the International Boundary Between the United States and Canada · Executive Orders