NEB Announces New Hearing Panel
Panel says it is starting over, but keeping TransCanada application on file from previous hearing misfire
A new hearing panel assigned to undertake the review of the Energy East project was announced by the National Energy Board on January 9th, 2017 has issued two orders, but there is still no signal as to when the hearing may restart.
The previous panel resigned in 2016 following conflict of interest charges after the panel members had private meetings with TransCanada lobbyist. The NEB reportedly had to appoint new members to the board in order to have bilingual members available. On January 27th, the new hearing panel announced that it had "voided all decisions made by the previous Hearing Panel" and the decisions would be removed from the official hearing record.Previous decisions that have been voided include: a determination that the Energy East and Eastern Mainline applications are complete; a decision to review the Energy East and Eastern Mainline applications via a single hearing; the list of Participants and any subsequent individual rulings on participation; the lists of Issues and factors to be included in the environmental assessments under the Canadian Environmental Assessment Act, 2012; and, the previous Hearing Order. Although the new Panel has "voided" the participants list, they announced that participants who had already applied did not need to apply again, and they have not announced any time frame for new applicants, stating that "The Panel will review all of the filed applications to participate and release a new List of Participants". |
Most incongruous with their announcement that the hearing would be starting anew, the Hearing Panel decided that TransCanada does not need to refile their applications.
On March 29th the Hearing Panel announced that it will review the Energy East and Eastern Mainline Pipeline Projects concurrently in a single hearing, citing as reasons that "the two project applications are closely interrelated and would be most efficiently assessed through a coordinated approach"> Energy East is a 4,500-kilometre pipeline proposed to carry 1.1 million barrels of crude oil per day from Alberta and Saskatchewan to refineries in Eastern Canada and a marine terminal in New Brunswick. The Eastern Mainline Pipeline is a proposal to build approximately 279 kilometres of new gas pipeline and related components, beginning near Markham, Ontario and finishing near Brouseville, Ontario. TransCanada indicated in its application that this project was conditional upon the approval of the Energy East Pipeline Project. While the two applications will be considered together with a single hearing record, the Hearing Panel will issue separate lists of issues and carry out a separate environmental assessment for each project. When appropriate, the Hearing Panel will issue documents or hold oral sessions specific to each application. The Panel will also issue two separate recommendation reports to Federal Cabinet at the end of the review. Source: National Energy Board web page on Energy East and Eastern Mainline Projects |
NEB announces participants, timeline for "Panel Sessions"
June 22, 2016 - The National Energy Board (NEB) has released the list of those they have accepted as "participants: in the review of TransCanada's Energy East project.
Of the 2,652 applications to participate in the Energy East and Eastern Mainline, the Hearing Panel granted intervenor status to 337 applicants and commenterstatus to 271 applicants. According to the NEB statement "Those not granted participation rights in the hearing process will be able to provide input in the review through expanded public engagement activities to be carried out by additional Board Members."
The hearing order is now expected in mid-July.
However, dates for what the NEB is calling the "first phase of the hearing process" have been released. "Panel sessions" will take place between August and December 2016 in 10 locations between August and December. The Panel Sessions in North Bay will be November 1-4.
Few details are available, but here's what's released so far: only Intervenors are "invited to appear before the Board"; the objectives for the Panel Sessions are "to establish the key issues of interest for Intervenors". Written evidence and information requests will be, according to the Procedural Directive, "later in the process". Each day will begin and end with a presentation from TransCanada; each interevenor will have ten minutes to present, followed by ten minutes for TransCanada to respond.
Of the 2,652 applications to participate in the Energy East and Eastern Mainline, the Hearing Panel granted intervenor status to 337 applicants and commenterstatus to 271 applicants. According to the NEB statement "Those not granted participation rights in the hearing process will be able to provide input in the review through expanded public engagement activities to be carried out by additional Board Members."
The hearing order is now expected in mid-July.
However, dates for what the NEB is calling the "first phase of the hearing process" have been released. "Panel sessions" will take place between August and December 2016 in 10 locations between August and December. The Panel Sessions in North Bay will be November 1-4.
Few details are available, but here's what's released so far: only Intervenors are "invited to appear before the Board"; the objectives for the Panel Sessions are "to establish the key issues of interest for Intervenors". Written evidence and information requests will be, according to the Procedural Directive, "later in the process". Each day will begin and end with a presentation from TransCanada; each interevenor will have ten minutes to present, followed by ten minutes for TransCanada to respond.
NEB Releases Vague Timeline for Energy East Review
April 26, 2016 – Calgary, Alberta - The National Energy Board (NEB) has released a preliminary timeline for the Energy East hearing process. This timeframe reflects an extended time limit of 21 months for the process, as directed by the Minister of Natural Resources. National Energy Board reviews are typically conducted within a 15-month time limit.
April 26, 2016 – Calgary, Alberta - The National Energy Board (NEB) has released a preliminary timeline for the Energy East hearing process. This timeframe reflects an extended time limit of 21 months for the process, as directed by the Minister of Natural Resources. National Energy Board reviews are typically conducted within a 15-month time limit.
NEB Estimated Timeline (as of April 26)
Mid May: TCPL Files Consolidated Application Early June: NEB Issues List of Participants Mid June: NEB Issues Hearing Order August - December: Panel Sessions January – May 2017: Written submissions |
Mid 2017: Draft Conditions for Comment
November - December 2017: Final Argument March 2018: NEB Report to Cabinet RELATED LINKS: 26 April 2016 NEB Letter to TransCanada NEB's Energy East Project page |
NEB Notice of Process Update (March 2016)
Table of Contents now available for consolidated application for the Energy East Project
Table of Contents now available for consolidated application for the Energy East Project
In a letter issued 3rd February 2016, the National Energy Board was instructing Energy East Pipeline Ltd. (EEPL) to file a consolidated version of the application for the Energy East Project. However, prior to filing this new version, the Board wanted to review the table of contents and structural map that EEPL was proposing to use, along with a plan detailing how it will address future supplemental filings and updates as they are filed in order to fit them into the consolidated Application.With an email issued today the NEB informed interested parties that requested documentation has been filed and can be viewed at this link.
For more information, please consult the NEB website, the public registry for Energy East or the Process Advisory Team.
For more information, please consult the NEB website, the public registry for Energy East or the Process Advisory Team.
TransCanada has filed their detailed Table of Contents (February 2016)
The National Energy Board has issued a notice that TransCanada has filed a detailed table of contents for their consolidated (revised) application for the Energy East Project. The NEB distributed an email with the following content:
This is to inform you that Energy East Pipelines Ltd. has issued a letter and their detailed Table of Content regarding their Energy East Application. This filing was in response to the National Energy Board’s Direction of 3 February 2016 (A75430 ) and Energy East’s request for extension of time to provide this document (A75555 ) dated 17 February 2016. This document could be viewed on the Board’s website www.neb-one.gc.ca at receipt A75676
The National Energy Board has issued a notice that TransCanada has filed a detailed table of contents for their consolidated (revised) application for the Energy East Project. The NEB distributed an email with the following content:
This is to inform you that Energy East Pipelines Ltd. has issued a letter and their detailed Table of Content regarding their Energy East Application. This filing was in response to the National Energy Board’s Direction of 3 February 2016 (A75430 ) and Energy East’s request for extension of time to provide this document (A75555 ) dated 17 February 2016. This document could be viewed on the Board’s website www.neb-one.gc.ca at receipt A75676
Archives
TransCanada Continues to Stall on Energy East Project Details
In the “Notice of Process Update to All Interested Persons Energy East Pipeline Project and Eastern Mainline Project” issued by the National Energy Board on June 5th, 2015 the NEB lays out the “we said, they said” of their recent communications with TransCanada on the Energy East application, and whether or when TCLP (or their “wholly owned subsidiary” and project alter-ego “Energy East Pipeline Limited”) is going to provide the remaining portions of the application for the Energy east project to convert or construct 4,500 km of tar sands oil bearing pipeline.
In early May, the NEB had asked TCPL to describe “the significance and potential impacts of amendments that may be made to the Applications”, referring to the TCPL decision to nix the marine terminal at Cacouna, Quebec. TCPL replied with yet another general schedule for filing of additional information, stretching out into 2016.
The Board concluded, according to their note, that it would “continue its assessment of the Energy East Application based on the information currently available” and “resume its assessment once the 30 June 2015 filing is received.” The June 2015 filing from TCPL is expected to describe any modifications or amendments to the “project” which TCPL will deem to be necessary “as a result of the current commercial processes”
In the “Notice of Process Update to All Interested Persons Energy East Pipeline Project and Eastern Mainline Project” issued by the National Energy Board on June 5th, 2015 the NEB lays out the “we said, they said” of their recent communications with TransCanada on the Energy East application, and whether or when TCLP (or their “wholly owned subsidiary” and project alter-ego “Energy East Pipeline Limited”) is going to provide the remaining portions of the application for the Energy east project to convert or construct 4,500 km of tar sands oil bearing pipeline.
In early May, the NEB had asked TCPL to describe “the significance and potential impacts of amendments that may be made to the Applications”, referring to the TCPL decision to nix the marine terminal at Cacouna, Quebec. TCPL replied with yet another general schedule for filing of additional information, stretching out into 2016.
The Board concluded, according to their note, that it would “continue its assessment of the Energy East Application based on the information currently available” and “resume its assessment once the 30 June 2015 filing is received.” The June 2015 filing from TCPL is expected to describe any modifications or amendments to the “project” which TCPL will deem to be necessary “as a result of the current commercial processes”
Key NEB Dates
February 23 Deadline for applying for Participant Funding March 3 Deadline for applying to participate |
APPLY TO PARTICIPATE IN NEB REVIEW - OPEN NOW
The National Energy Board has posted links to their online application process. Hearing participants have from February 3 to March 3 (2015) to apply to participate in the federal review of TransCanada's Energy East project application. Those who wish to participate in the hearing for the Energy East Project must apply to participate using the Application to Participate (ATP) form which is now available on the NEB website. The NEB will be hosting online information sessions on how to complete the Application to Participate form. Participants can apply to write a letter of comment, or to become an intervenor in the hearing process. In either case, potential participants must describe how they will be directly affected by the project, and/or what expert information they will bring to the review process.
The National Energy Board has posted links to their online application process. Hearing participants have from February 3 to March 3 (2015) to apply to participate in the federal review of TransCanada's Energy East project application. Those who wish to participate in the hearing for the Energy East Project must apply to participate using the Application to Participate (ATP) form which is now available on the NEB website. The NEB will be hosting online information sessions on how to complete the Application to Participate form. Participants can apply to write a letter of comment, or to become an intervenor in the hearing process. In either case, potential participants must describe how they will be directly affected by the project, and/or what expert information they will bring to the review process.
NEB "Hearing Process Updates"
As of February 12th, 2015:
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ENERGY EAST REVIEW PANEL ANNOUNCED
The NEB has announced that the Energy East Project and the Eastern Mainline Project will be reviewed by the same Panel, made up of three NEB Board Members. The bilingual panel of Roland George (Presiding Member), Lyne Mercier and Jacques Gauthier are described by the NEB as having "6 years of regulatory leadership and experience with the National Energy Board (NEB or the Board)". Lyne Mercier and Jacques Gauthier were two of the three members of the Line 9 review panel and Gauthier is reportedly a close friend of Prime Minister Stephen Harper, having served as his personal envoy on official languages at the Vancouver Olympics, among other things. Mercier was also on the Kinder Morgan TransMountain review panel. |
NATIONAL ENERGY BOARD TO REVIEW TRANSCANADA'S ENERGY EAST PROJECT
On October 30th, TransCanada filed their 30,000 page application for their Energy East Project with the National Energy Board. The application fills 70 binders, and includes an "Application" and an "Environmental and Socio-Economic Assessment" (ESA) of the project, which includes the conversion of 3,000 km of pipeline, construction of 1,500 km of new pipeline, construction of pumping stations and marine terminals, and a "transfer of assets", meaning the bargain-basement priced sale of the existing pipeline - already paid for by gas consumers through the gas rates - to the new "Energy East" entity, which will be a subsidiary of TransCanada. A registry maintained by the National Energy Board has postings of the 492 documents that make up the filing by TransCanada.
On October 30th, TransCanada filed their 30,000 page application for their Energy East Project with the National Energy Board. The application fills 70 binders, and includes an "Application" and an "Environmental and Socio-Economic Assessment" (ESA) of the project, which includes the conversion of 3,000 km of pipeline, construction of 1,500 km of new pipeline, construction of pumping stations and marine terminals, and a "transfer of assets", meaning the bargain-basement priced sale of the existing pipeline - already paid for by gas consumers through the gas rates - to the new "Energy East" entity, which will be a subsidiary of TransCanada. A registry maintained by the National Energy Board has postings of the 492 documents that make up the filing by TransCanada.