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Regulatory Agenda - January, February and March 2008

31 March 2008

The NEB is an active, effective and knowledgeable partner
in the responsible development of Canada's energy sector
for the benefit of Canadians.

This issue of the Regulatory Agenda covers the period from January till the end of March 2008.

ISSN 1494-7153

Instructions for Filing

Correspondence

All correspondence should be addressed to:

Secretary
National Energy Board
444 Seventh Avenue SW
Calgary, Alberta T2P 0X8
Fax: 403-292-5503
Fax (toll free): 1-877-288-8803

Applications and other filings, number of copies to be filed

You may submit your application and other filings to the Board in one of three ways:

  1. Electronically: From the National Energy Board Web site, click on View or Submit a Regulatory Document, scroll down to the option entitled Submit documents electronically. One (1) copy of your signed original document(s) and a printed copy of your efiled receipt must also be mailed (see address above); or
  2. Fax one (1) copy of your signed documents (see number above); or
  3. Mail one (1) copy of your signed documents (see address above). In the case of an application, twenty-five (25) copies of your signed documents must also be mailed.

Additional information on filings

Filings and types of documents that can be filed electronically and creating PDF documents: see Filer’s Guide to Electronic Submission [PDF 529 KB].

Applying electronically to participate in a hearing using on-line forms: see Submit documents electronically.

Templates providing alternative ways to file your documents and assistance with the provision of multiple copies due to undue financial burden: see Alternative Ways to File Your Documents.

Communication Numbers

General Information:

Telephones: 403-292-4800
Toll Free 1-800-899-1265

Faxes: 403-292-5503
Toll Free 1-877-288-8803
Publications Office:

Telephone: 403-299-3562
Fax: 403-292-5576
Email: publications@neb-one.gc.ca
Web Site: www.neb-one.gc.ca
For information: Carole Léger-Kubeczek (carole.leger-kubeczek@neb-one.gc.ca)
Communications Officer
Telephone: 403-299-2717
Telephone (toll free): 1-800-899-1265

Preface

The purpose of this agenda is to provide information on the Board's activities. Except where otherwise noted, jurisdiction over the items in the agenda is exercised pursuant to the National Energy Board Act, R.S.C. 1985, c. N-7, as amended.

"We promote Safety and Security, Environmental Protection
and Efficient Energy Infrastructure and Markets"

NEB Moves Forward

NEB launches the Land Matters Consultation Initiative

The National Energy Board announced in October 2007 that, in response to various concerns expressed in relation to land matters, the Land Matters Consultation Initiative (LMCI) would be established. The decision to review issues related to land matters has resulted from the Board's view that the processes and procedures in place with respect to land matters could be improved.

The LMCI will provide a forum for all interested parties and the Board to engage in dialogue and generate options for the Board's review of issues related to land matters. The Board is of the view that providing a venue for dialogue to improve understanding of various interests will help to develop strong working relationships among different parties.

This project will also give the Board the opportunity to help shape the tools that will most effectively support the long-term responsible development of Canada's energy infrastructure. The LMCI will focus primarily on the range of tools available (such as regulations, guidance notes, filing manual, inspections, audits, etc.) under the existing legislative framework and improvements to that suite of tools.

Public Hearing Applications

Hearing Decisions Issued

1. Enbridge Pipelines Inc. (Enbridge) - Alberta Clipper Project - OH-4-2007 (File OF-Fac-Oil-E101-2006-04 01)

On 30 May 2007, Enbridge filed an application for the construction and operation of the Alberta Clipper Pipeline Project. The project consists of a proposed 1,607 kilometre (km) oil pipeline extending from Hardisty, Alberta to Superior, Wisconsin. The Canadian portion of Alberta Clipper would involve the construction and operation of approximately 1,074 km of new 914 millimetre outside diameter (36-inch) oil pipeline between Enbridge's Hardisty Terminal and the Canada - United States border near Gretna, Manitoba. If approved, the pipeline will have an initial capacity of 450,000 barrels per day. The estimated cost of the project is expected to be $2 billion with construction to be completed by the end of December 2009.

2. Enbridge Southern Lights GP Inc., on behalf of Engridge Southern Lights LP, and Engridge Pipelines Inc. (EPI) - Applications for Line 13 Transfer, Line 13 Reversal and Capacity Replacement for the Southern Lights Project - OH-3-2007 (File OF-Fac-Oil-E242-2007-01 01)

On 9 March 2007, the NEB received an application for the Southern Lights Project which consists of transferring EPI's Line 13 to ESL, remove it from southbound crude oil service and reverse the flow to transport diluent northbound from the Canada/US border near Gretna, Manitoba to Edmonton, and constructing a 286 kilometre light sour crude oil 508 millimetre pipeline from Cromer, Manitoba to the Canada/US border near Gretna, Manitoba.

Hearings in Progress

1. Imperial Oil Resources Ventures Limited (Imperial), Mackenzie Valley Aboriginal Pipeline Limited Partnership, ConocoPhillips (North) Limited, Shell Canada Limited and ExxonMobil Canada Properties - Proposed Mackenzie Gas Project - GH-1-2004 (Files 3200-J205-1, 2520-C-19-4, 2620-C-19-7, 2620-C-12-7 and 2620-C-20-7)

On 8 October 2004, the Board received applications for approval to construct and operate a natural gas pipeline and related facilities through the Mackenzie Valley in Canada's Northwest Territories to an interconnect point just south of the NWT/Alberta border. The 762 millimetre (30-inch) natural gas transmission pipeline would transport 34 million cubic metres (1.2 billion cubic feet) per day of natural gas from the Arctic to the south. The capital cost is estimated at over $16.2 billion.

2. Emera Brunswick Pipeline Company Ltd. (EBPC) - Brunswick Pipeline Project / Detailed Route Hearing (File PA-MNP 2006-001)

On 12 July 2007, EBPC filed Plans, Profiles and Book of Reference for the NEB's approval. Subsequently, a number of letters of opposition were filed by affected residents. The NEB will hold a public hearing in Saint John, New Brunswick starting on 28 January 2008.

EBPC is proposing to build a 145 kilometre pipeline with a 762 millimetre diameter from the Canaport™ Liquefied Natural Gas Facility at Mispec Point in Saint John, New Brunswick to a point on the international border near St. Stephen, New Brunswick.

3. Enbridge Pipelines Inc. (Enbridge) - Line 4 Expansion Project - OH-5-2007 (File OF-Fac-Oil-E101-2007-02 02)

On 28 June 2007, Enbridge applied to the NEB for permission to extend its highest capacity line by 180 kilometres. If approved, Enbridge plans to connect three existing, but currently unused, segments of 48-inch diameter pipe with 137.6 kilometres of new 36-inch diameter pipe, moving the origin of Line 4 from Hardisty, Alberta to the Enbridge terminal in Edmonton.

The oral hearing was held on 22 January 2008.

4. SemCAMS Redwillow ULC (SemCAMS) - Redwillow Pipeline Project - GH-2-2008 (File OF-Fac-Gas-S393-2007-01 04)

SemCAMS is proposing to construct and operate a 149.7 kilometre, 323.9 millimeter pipeline to gather 30 per cent dehydrated sour gas from the Grizzly Valley area southwest of Tumbler Ridge, B.C. into existing Alberta regulated gathering and processing facilities. The application was filed on 7 December 2007.

New Facility Applications

1. Repsol Energy Canada Ltd. (Repsol) - Long-term licence to import liquefied natural gas and Long-term licence to export natural gas - GH-1-2008 (File OF-EI-Gas-GL-R153 01)

Late in December 2007, Repsol submitted an application for a 25-year licence to import liquefied natural gas (LNG) and a separate 25-year licence to export natural gas. In its application, Repsol has stated that the LNG would supply the Canaport™ LNG Terminal, which is currently under construction at Mispec Point, near Saint John, New Brunswick. Once regasified, the natural gas would serve the domestic Canadian market and, pending approval, would also be available for export using the Emera Brunswick Pipeline to markets in the United States.

2. Emera Brunswick Pipeline Company Ltd. (EBPC) - Brunswick Pipeline Project  / Wet Crossing Application -  GH-4-2008 (File OF-Fac-Gas-E236-2007-01 01)

EBPC filed its application for a wet crossing of the Saint John River in December 2007 as a contingency measure, should the planned horizontal directional drilling program prove to be technically unfeasible. This new project consists of the construction, operation and maintenance of a concrete-coated 762-millimetre pipeline to be installed in a 650-metre long trench measuring approximately 100 metres in width.

Past Hearing Decisions

1. TransCanada Keystone Pipeline GP Ltd. (Keystone) - Proposed Keystone Pipeline Project - OH-1-2007 (File OF-Fac-Oil-T241-2006-01 02)

2. Enbridge Pipelines Inc. (Enbridge) - Line 9 Tolls and Tariff Application - RH-2-2007 (File OF-Tolls-Group1-E101-2007-02 01)

3. TransCanada PipeLines Limited (TransCanada) - Gros Cacouna Receipt Point Application - RH-1-2007 (File OF-Tolls-Group1-T211-2006-10 01)

4. TransCanada PipeLines Limited (TransCanada) and TransCanada Keystone GP Ltd. (Keystone) - Transfer of certain pipeline facilities from TransCanada to Keystone - MH-1-2006 (File OF-Fac-G-T241-2006-01) (3400-T241-1)

5. Enbridge Pipelines (Westspur) Inc. (Enbridge) - Proposed Alida to Cromer Capacity Expansion (ACCE) Project - OH-2-2007 (File OF-Fac-Oil-E103-2006-03 01)

Non Hearing Applications

Electricity Matter

Matter Completed

1. Split Rock Energy, LLC - Revocation of Electricity Export Permits EPE-220 and EPE-221 (File OF-EI-Elec-S305 01)

Gas Matters

Matters Completed

1. Eagle Rock Exploration Ltd. - Notice of amalgamation of Sword Energy Limited into Eagle Rock and variance of Board Order (File OF-Fac-Gas-E245-2007-01 01)

2. Alliance Pipeline Ltd. - Request for exemption from Section 17 of OPR-99 (File OF-Fac-Gas-A159-2007-01 01)

3. Apache Canada Ltd. and Canadian Natural Resources Limited - Applicaton to vary Board Order XG-F42-54-96 requesting leave to sell and purchase the West Cosine Pipeline (File OF-Fac-Gas-C298-2007-01 01)

4. NuVista Energy Ltd. - Application for leave to open Hayter - Eyehill Pipeline near Provost, Alberta (File OF-Gas-C298-2007-01 01)

Matter Pending

No matter pending at this time.

Pipeline Matters

Matters completed

1. Kinder Morgan Canada (formerly Terasen Pipelines (Trans Mountain) Inc. - Filing of compliance with Condition 12 (Weed Management Plan) (File OF-Fac-Oil-T099-2005-02 02)

2. Kinder Morgan Canada - Applications for leave to open the Wolf Pump Station located near Edson, Alberta and the Chappel Pump Station located near Blue River, British Columbia (File 3200-T099-2) (OC-49)

3. Enbridge Pipelines Inc. - Receipt facilities for the Alida to Cromer Capacity Expansion Project at Enbridge's Cromer Terminal / Application for variance to Order XO-E101-05-2007 (File OF-Fac-Oil-E101-2007-04 02)

Matter Pending

No matter pending at this time.

Frontier Matters

Frontier Matters - Geological and Geophysical Activities

1. Frontier activities for January 2008

No new applications for geological, geophysical or geotechnical operation authorization were received in January. Four (4) applications were approved pursuant to section 5(1)(b) of the Canada Oil and Gas Operations Act. Outstanding applications are being reviewed.

Company Area Program Identifier Date
Explor Geophysical Ltd Colville Lake Area, NWT 9222-E243-001P 11 January 2008
Explor Geophysical Ltd Colville Lake Area, NWT 9224-E243-001P 11 January 2008
MGM Energy Corp. Kelly Lake North, NWT 9222-M276-003E 17 January 2008
MGM Energy Corp. Kelly Lake North, NWT 9224-M276-001E 17 January 2008

2. Frontier activities for February 2008

Three (3) new applications for geological, geophysical or geotechnical operation authorization were received in February. Two (2) applications were approved pursuant to section 5(1)(b) of the Canada Oil and Gas Operations Act. Outstanding applications are being reviewed.

Company Area Program Identifier Date
Kodiak Petroleum ULC Little Chicago, Grandview, NWT 9224-K076-002E 1 February 2008
Kodiak Petroleum ULC Little Chicago, Grandview, NWT 9222-K076-002E 1 February 2008

3. Frontier activities for March 2008

One (1) new application for a geological, geophysical or geotechnical operation authorization was received in March. One (1) application was approved pursuant to section 5(1)(b) of the Canada Oil and Gas Operations Act. Outstanding applications are being reviewed.

Company Area Program Identifier Date
Explor Geophysical Ltd Oscar Pass Area, NWT 9224-E243-001P 26 March 2008

Frontier Matters - Drilling

1. Frontier activities for January 2008

Nine (9) new applications were received in January. Five (5) applications were approved pursuant to section 5(1)(b) of the Canada Oil and Gas Operations Act. All other applications are being reviewed.

  • Husky Oil Operations Limited was given "Approval to Drill a Well" for the well Husky et al Dahadinni B-20 pursuant to section 83 of the Canada Oil and Gas Drilling Regulations on 17 January 2008.
  • Husky Oil Operations Limited was given "Approval to Drill a Well" for the well Husky et al Keele River L-52 pursuant to section 83 of the Canada Oil and Gas Drilling Regulations on 17 January 2008.
  • MGM Energy Corp. was given "Approval to Drill a Well" for the well MGM et al Aput C-43 pursuant to section 83 of the Canada Oil and Gas Drilling Regulations on 17 January 2008.
  • MGM Energy Corp. was given "Approval to Drill a Well" for the well MGM et al Langley E-07 pursuant to section 83 of the Canada Oil and Gas Drilling Regulations on 21 January 2008.
  • Paramount Resources Ltd. was given "Approval to Alter the Condition of a Well" for the well Para et al Cameron K-74 pursuant to subsection 19(3) of the Canada Oil and Gas Production and Conservation Regulations on 30 January 2008.

2. Frontier activities for February 2008

Two (2) new applications were received in February. Eight (8) applications were approved pursuant to section 5(1)(b) of the Canada Oil and Gas Operations Act. All other applications are being reviewed.

  • MGM Energy Corp. was given "Approval to Alter the Condition of a Well" for the well MGM et al Atik P-19 pursuant to subsection 19(3) of the Canada Oil and Gas Production and Conservation Regulations on 8 February 2008.
  • Aurora/JOGMEC/NRCan was given "Approval to Alter the Condition of a Well" for the well Aurora/JOGMEC/NRCan Malik 2L-38 pursuant to subsection 19(3) of the Canada Oil and Gas Production and Conservation Regulationson 5 February 2008.
  • Aurora/JOGMEC/NRCan was given "Approval to Alter the Condition of a Well" for the well Aurora/JOGMEC/NRCan Malik 3L-38 pursuant to subsection 19(3) of the Canada Oil and Gas Production and Conservation Regulations on 5 February 2008.
  • Aurora/JOGMEC/NRCan was given "Approval to Alter the Condition of a Well" for the well Aurora/NRCan Malik 4L-38 pursuant to ursuant to subsection 19(3) of the Canada Oil and Gas Production and Conservation Regulations on 5 February 2008.

3. Frontier activities for March 2008

One (1) new application was received in March. Two (2) applications were approved pursuant to section 5(1)(b) of the Canada Oil and Gas Operations Act. All other applications are being reviewed.

  • Paramount Resources Ltd was given "Approval to Alter the Condition of a Well" for the well Paramount /Anadarko Bovie F-66 pursuant to subsection 19(3) of the Canada Oil and Gas Production and Conservation Regulations on 5 March 2008.
  • MGM Energy Corp. was given "Approval to Alter the Condition of a Well" for the well MGM et al Langley E-07 pursuant to subsection 19(3) of the Canada Oil and Gas Production and Conservation Regulations on 26 March 2008.

Frontier Matters (CPRA only)

Matter Completed

1. Chevron Canada Limited (Chevron)

In the matter of the Chevron et al Ellice I-48 Application for a Declaration of a Significant Discovery dated 19 June 2007, the Board has declared the following lands to be part of a Significant Discovery on 4 January 2008:

Latitude Longitude Sections
69o10' N 135o45' W 38, 48, 58

Matter Pending

2. Husky Oil Operations Limited (Husky)

On 19 February 2008, Husky filed an application for a Declaration of a Significant Discovery pursuant to section 28 of the Canada Petroleum Resources Act in respect to the Husky et al Summit Creek B-44 well  and Exploration License 397 for 16 sections.

Traffic, Tolls and Tariffs Matters

Matters Completed

1. TransCanada Pipelines Inc. - Application for approval of the short notice balancing (SNB) toll methodology and interim SNB toll for the Eastern zone (File OF-Tolls-Group1-T211-2008-01 01)

2. Trans Mountain Pipeline Inc. - Application for Final 2008 Tolls and Revised Rules and Regulations (File OF-Tolls-Group1-T246-2008-01 01)

3. TransCanada Pipelines - Application for approval of Amendments to the 2008 Mainline Interim Tolls (File OF-Tolls-Group1-T211-2007-12-01)

Matter Pending

No matter pending at this time.

Appeal

Appeal Pending

1. Flint Hill Resources - Application for Leave to Appeal - RH-1-2005

Flint Hill Resources applied to the Federal Court of Appeal for leave to appeal the Board's decision of 28 April 2005 in which it approved two applications from Enbridge Pipelines Inc. to recover, in its Canadian pipeline tolls, US$20 million per year for five years related to the extension of service on the Spearhead Pipeline which runs from Chicago, Illinois to Cushing, Oklahoma and an initiative by Mobil Pipe Line Company to reverse the flow of its pipeline which runs from Patoka, Illinois to Corsicana, Texas.

Energy Matters

Land Matters Consultation Initiative (LMCI)

LMCI is a four step approach that has been put forward to consider issues about land matters as they relate to landowners, pipeline and power line companies. The approach has been broken down to cover the following four streams:

  • Stream 1 - Company Interactions with Landowners
  • Stream 2 - Improving the Accessibility of NEB Processes
  • Stream 3 - Pipeline Abandonment - Financial Issues (Hearing RH-2-2008)
  • Stream 4 - Pipeline Abandonment - Physical Issues

NEB staff will be touring various Canadian cities to provide information on the Land Matters Consultation Initiative (LMCI), which was launched to review certain lands and regulatory issues. Each session will include a short presentation about the LMCI and how people can get involved.

LMCI Information Schedule
Outlook, Saskatchewan 31 March 2008
Montmartre, Saskatchewan 1 April 2008
Brandon, Manitoba 2 April 2008
Coldstream, Ontario 7 April 2008
London, Ontario 8 April 2008
Saint-Jean-sur-Richelieu, Quebec 11 April 2008

Profile

The NEB is an independent federal agency that regulates several parts of Canada's energy industry. Its purpose is to promote safety and security, environmental protection, and efficient energy infrastructure and markets in the Canadian public interest, within the mandate set by Parliament in the regulation of pipelines, energy development and trade.

Her Majesty the Queen in Right of Canada 2009 as represented by the National Energy Board

This document is published separately in both official languages. For further information, please contact:

Communications Team
National Energy Board
444 Seventh Avenue SW
Calgary, Alberta T2P 0X8
Telephone: 403-292-4800
Telephone toll free:
1-800-899-1265
Telecopier: 403-292-5503
Telecopier toll free :
1-877-288-8803

Sa Majesté la Reine du Chef du Canada 2009 représentée par l'Office national de l'énergie

Ce document est publié séparément dans les deux langues officielles. Pour plus de renseignements :

Équipe des communications
Office national de l'énergie
444, Septième Avenue S.-O.
Calgary (Alberta) T2P 0X8
Téléphone : 403-292-4800
Téléphone (sans frais) :
1-800-899-1265
Télécopieur : 403-292-5503
Télécopieur (sans frais) :
1-877-288-8803

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Date Modified:
2012-02-03