Kinder Morgan At Risk of Violating NEB Condition With Premature 300,000-Tonne Pipeline Order

Kinder Morgan Trans Mountain pipeline

Kinder Morgan Trans Mountain may be in violation of a condition laid out by the National Energy Board, Canada’s federal pipeline regulator, after ordering nearly 300,000 tonnes of pipeline for the expansion project without submitting a quality management plan.

According to regulatory documents filed by the National Energy Board in September, Trans Mountain was required to file a quality management plan “at least four months prior to manufacturing any pipe and major components for the project.”

The quality management plan requires Trans Mountain to supply documentation regarding the qualifications of pipeline contractors, vendors and suppliers, quality auditing of manufactured pipe and the preservation of pipe during shipping and storage.

Yet in documents submitted to the NEB, Trans Mountain confirmed pipeline manufacturing contracts were awarded between May and July of 2017 and manufacturing of the pipeline began in October with no plan in place.

EXCLUSIVE: NEB Quietly Grants Pipeline Companies Permission to Keep Repair Locations Secret

Canadian Energy Pipeline Association integrity dig

Canada’s National Energy Board (NEB) has quietly stopped requiring pipeline companies to post the geographic coordinates of repairs, DeSmog Canada has learned.

The federal pipeline regulator cites “public safety” as the reason for deciding to limit information on the specific location of “integrity digs” to examine cracks, corrosion or dents — but critics argue the decision compromises the ability of Canadians to access information about the safety of pipelines.

Often times, hundreds of integrity digs will take place in certain areas of pipeline, raising questions about the quality of that section of line, said Emily Ferguson, an environmental consultant and founder of Line 9 Communities.

When you see integrity data on a map, you can see these clusters of where there might be issues,” Ferguson said. “I think that’s something that is obviously in the best interest of the pipeline companies not to have that publicly released.”

Modernize the National Energy Board? Here’s How

NEB review

Want to modernize Canada’s National Energy Board (NEB)?

Bring the regulatory agency — first founded way back in 1959 when the realities of climate change weren’t readily known — into alignment with our carbon-constrained present.

That recommendation, coming from the Pembina Institute, comes in a report released Friday to coincide with the end of a federal review of the National Energy Board that brought an expert panel into halls and meeting rooms of 10 cities across the nation.

In the report, “Good Governance in the Era of Low Carbon,” the Pembina Institute states the review is an important opportunity to not only bring the mandate of the NEB into the 21st century, but also to restore public trust in what many see as a broken process.

The National Energy Board has been called a “captured regulator” that has “lost touch with what it means to protect the public interest,” by Marc Eliesen, former head of BC Hydro and former deputy minister of energy in Ontario and Manitoba.

Ministerial Panel on Kinder Morgan Pipeline Actually Nails It

Kinder Morgan’s Trans Mountain pipeline proposal cannot proceed without a serious reassessment of its impacts on climate change commitments, indigenous rights and marine mammal safety.

That was the conclusion of the “Report from the Ministerial Panel for the Trans Mountain Pipeline Expansion Project,” released to the public on Nov. 3 by the three members of the self-described “omissions panel” that was formed to make up for perceived flaws in the National Energy Board review process.

Surprisingly, I think it did do its job,” says Patrick DeRochie, climate and energy program manager at Environmental Defence.

It’s kind of the icing on the cake of a fatally flawed Kinder Morgan review process. Tweet: New NEB panel report shows social, environmental & economic rationale for approving #KinderMorgan just doesn’t exist shows the social, environmental and economic rationale for approving this pipeline simply doesn’t exist. The only viable option coming from this report is the rejection of Kinder Morgan by the federal government.”

National Energy Board is a Captured Regulator in Urgent Need of Overhaul

National Energy Board panel

This op-ed originally appeared on the National Observer.

After more than a year I decided to withdraw as an expert Intervenor at the National Energy Board hearing into Trans Mountain’s Expansion Project. I came to the discouraging conclusion that the Board was on a predetermined course of action to recommend approval of the Project. The Board did this by narrowly scoping its list of issues, removing cross-examination, and refusing to compel answers to information requests made by myself and most other Intervenors.

Corporations cannot regulate themselves. Their first priority is to maximize returns for their shareholders. Regulation is an accepted method in Canada to ensure private interest is not achieved at the expense of the public interest. Government steps in and establishes a regulatory framework to protect public health, safety and the environment as well as to attain objectives related to the nation’s economic and social goals.

Regulatory capture takes place when the regulator ceases to be independent and advances the commercial interests of the industry it is charged with regulating. The Board’s behaviour during the Trans Mountain hearing not only turned the process into a farce, it exposed the Board as a captured regulator.

National Energy Board Gives Green Light to Kinder Morgan Pipeline Following Review Process Plagued with Failures

The National Energy Board (NEB) recommended a conditional approval of the Kinder Morgan Trans Mountain pipeline expansion today after a years-long review process many participants criticized as inadequate, rushed and lacking in transparency.

In a filing posted Thursday the NEB recommended cabinet approve the project, subject to 157 conditions.

Taking into account all the evidence, considering all relevant factors, and given that there are considerable benefits nationally, regionally and to some degree locally, the Board found that the benefits of the Project would outweigh the residual burdens,” the filing states.

Yet many individuals and organizations involved in the process say today’s recommendation comes on the heels of a beleaguered review process that did not consider many of the risks of the project.

Today’s recommendation is exactly as we expected given the way this panel approached the review,” Robyn Allan, former CEO of ICBC and economic risk expert, told DeSmog Canada. “It was simply set up as a way to get to yes.”

Pipeline Companies Ordered to Publicly Disclose Emergency Plans Online After Kinder Morgan Secrecy Scandal

The National Energy Board, Canada’s federal pipeline regulator, will now require pipeline operators to make emergency response plans publicly available online, according to an order issued this week.
The new rules require all pipeline companies to post emergency plans on their websites by September 30, 2016. The increased transparency measure is part of a larger effort by the National Energy Board to regain credibility with the Canadian public.

“We’ve always reviewed manuals, we’ve always reviewed companies’ emergency management systems to make sure they’re robust, but Canadians are now saying they want more information and we’re just acting on what Canadians are telling us,” National Energy Board chairman Peter Watson told Global News. 

“This is an example where I felt quite strongly that we could put more information out about companies’ emergency response plans and help people understand what’s at play and how these things work. And that will, I think, give them more confidence that we know what we’re doing around these systems for emergency response.”

Calls Increase For Trudeau To Scrap Kinder Morgan Trans Mountain Pipeline Review

For the second time in two days Prime Minister Justin Trudeau has been called on to suspend the regulatory review process for Kinder Morgan’s Trans Mountain pipeline project in British Columbia. Final hearings for the project begin next week.

You are going to break your campaign promise to overhaul Canada environmental regulatory regime because of your refusal to suspend or cancel the reviews of the Kinder Morgan Trans-Mountain pipeline and TransCanada’s Energy East pipeline,” Cam Fenton,’s Canadian tarsands campaigner, said in a letter sent to Trudeau Wednesday.

If you will not show the necessary leadership to stop these reviews, people will.”

Yesterday, Burnaby, B.C. Mayor Derek Corrigan made headlines with his letter to Trudeau requesting the review of the Trans Mountain project be suspended on the grounds the current federal regulatory framework is “deeply flawed” and “inadequate.”

Kinder Morgan Pipeline Review to Continue Under Flawed Review Process, According to Natural Resources Minister

Natural Resources Minister Jim Carr told reporters Wednesday that ongoing oil pipeline reviews will continue on as usual, despite a promise by the Liberal government to make the environmental assessment process more robust.

They have not stopped,” Carr said. “The process continues.”

Ongoing National Energy Board reviews will continue for projects like the Kinder Morgan Trans Mountain pipeline expansion even though the Liberal party platform promised an immediate review of the process, saying the renewed assessments will “restore robust oversight and thorough environmental assessments” and “restore lost protections” resulting from weakened environmental laws under the Stephen Harper government.

Minister Carr indicated the National Energy Board review process will undergo a transition but until that time, project reviews will remain unchanged.

There will be a transition as we amend the ways in which the National Energy Board goes about the process of evaluating these projects,” Minister Carr said, “and we will announce those changes as soon as we can, but the process continues.”

The announcement has some wondering what to make of Prime Minister Justin Trudeau’s assertion that a more robust process would apply to the to Kinder Morgan Trans Mountain pipeline.

In August, Dogwood Initiative’s Energy and Democracy Director Kai Nagata pressed Trudeau to confirm if an NEB overhaul would apply to the Kinder Morgan project.

Yes. Yes,” Trudeau said. “It applies to existing projects, existing pipelines as well.”

Pipeline Regulator Orders High-Pressure Safety Test of Enbridge’s Line 9B

The National Energy Board (NEB) ordered high-pressure testing of a segment of Enbridge’s Line 9 pipeline before the line, a west-to-east oil pipeline, can begin operating according to a press release issued Thursday.

Before Line 9B becomes operational, hydrostatic testing results of three segments of the pipeline must be provided to and approved by the NEB,” the National Energy Board — Canada’s federal pipeline regulator — said.

Enbridge requested permission to reverse the flow of a 639-kilometre portion of the Line 9B pipeline between North Westover, Ontario and Montreal. Line 9B is part of the larger Line 9, which Enbridge hopes will carry diluted bitumen from the Alberta oilsands to Eastern Canada.

Community groups, particularly in Quebec, have long requested the high-pressure, hydrostatic test. A hydrotest or hydrostatic test is a commonly used method of determining if a pipeline can operate safely at its expected operating pressure. Recently a number of groups demanded the NEB explain why it would not order a hydrotest of Line 9.


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