The panel reviewing the Northern Gateway pipeline proposal has asked Enbridge to submit a damning U.S. report into the company’s 2010 Michigan oil spill as evidence.

Two interveners previously tried to introduce the report, but were denied by the National Energy Board’s joint review panel on the grounds that the individuals were unable to speak to its authenticity.

“The panel found that when you submit evidence, you need to be able to answer questions on that report and if there’s any clarifications,” said Annie Roy of the Canadian Environmental Assessment Agency.

Asked why the NEB waited eight months to request such a relevant document, past the regular deadline to submit new evidence, Roy said the review is a “continuous process.”

“The panel continually asks parties or Northern Gateway to submit additional information,” she said.

The document, prepared by the National Transportation Safety Board, blames Enbridge for failing to fix a defect in their pipeline that was discovered five years before it ruptured and gushed millions of litres of oil into Michigan’s waterways.

It also accuses the company of failing to adequately respond once the spill hit.

“Enbridge’s emergency response actions during the initial hours following the release were not sufficiently focused on source control and demonstrated a lack of awareness and training in the use of effective containment methods,” it reads.

“Had Enbridge implemented effective oil containment measures for fast-flowing waters, the amount of oil that reached Talmadge Creek and the Kalamazoo River could have been reduced.”

Enbridge has been given a Sept. 5 deadline to present information on how it has changed and improved operations since the Michigan spill.

The NEB panel is expected to complete its review by the end of 2013.