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National Energy Board approves Emera Brunswick Pipeline applications

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News Release

07/18
For release at 2:30 p.m. (MDT)
31 May 2007

National Energy Board approves Emera Brunswick Pipeline applications

CALGARY - The National Energy Board (NEB) has issued approval of the Emera Brunswick pipeline.

Emera Brunswick Pipeline Company Ltd. (EBPC) submitted an application to build and operate a 30-inch diameter pipeline that extends 145 kilometres from the Canaport™ Liquefied Natural Gas (LNG) Terminal at Mispec Point, New Brunswick to a point on the US border near St. Stephen, New Brunswick. The NEB also approved the application on the tolls to be charged on the Brunswick Pipeline and EBPC's request to be designated as a Group 2 company.

The application to construct and operate the pipeline was approved on the grounds that the pipeline is necessary to meet present and future energy needs of Canadians. The Board found that the benefits associated with the Brunswick Pipeline of bringing an additional and stable supply of gas into Maritime Canada are significant, real and numerous.

In coming to its decision, the Board weighed the benefits and burdens of the project. The Board recognized that many of the benefits of the pipeline are national or regional in scope and that the majority of the burdens will be shouldered by the local community. Through the imposition of conditions and the guidance provided to EPBC in the NEB's Reasons for Decision, the Board concluded that the burdens to the local community of Saint John will be significantly reduced. On this basis the Board found that the project is in the Canadian public interest.

The NEB imposed conditions upon EBPC to ensure the protection of the environment, high standards of safety and improved public consultation. EBPC will be required to develop and implement the following:

  • An Environmental Protection Plan;
  • An emergency procedures manual and an emergency response program;
  • A detailed public consultation program throughout the construction and operation of the project; and
  • Progress reports to the community prior to construction and at six-month intervals during the first 2 years once operation has started.

The Board also affirmed its commitment to ensuring that all stakeholders were provided with a full opportunity to be engaged in the public hearing process and acknowledged the considerable time and effort expended by each participant. The Board specifically commended the participation of individuals and groups who had not previously appeared in front of a quasi-judicial tribunal and indicated that the evidence submitted was highly relevant to its deliberations.

The Board also commended federal government agencies for their cooperation and contribution toward a successful pilot substitution process under the provisions of the Canadian Environmental Assessment Act.

The NEB will continue to regulate EBPC activities throughout the life cycle of the project, including detailed routing, construction, facilities operations and abandonment.

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.

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For further information:

Carole Léger-Kubeczek
Communications Officer
National Energy Board
E-mail: carole.leger-kubeczek@neb-one.gc.ca
Telephone: 403-299-2717
Telephone (toll free): 1-800-899-1265
Telecopier: 403-292-5503
Telecopier (toll free): 1-877-288-8803
TTY (Teletype): 1-800-632-1663

Related documents:

For a copy of documents:

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E-mail: library@neb-one.gc.ca
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Telephone (toll free): 1-800-899-1265
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Emera Brunswick Pipeline Project

Backgrounder

Overview

On 23 May 2006, the National Energy Board (NEB) received a facility application from Emera Brunswick Pipeline Company Ltd. (EBPC) to construct and operate a natural gas transmission pipeline from the Canaport™ Liquefied Natural Gas (LNG) Terminal at Mispec Point, near Saint John, New Brunswick, to an export point at the Canada-United States border near St. Stephen, NB. The project includes a pipeline of approximately 145 km - about 35 km of which would be located within the Saint John area, as well as a number of associated facilities.

EBPC also applied for approval of the tolls to be charged on the pipeline and requested that the Board designate EBPC as a Group 2 company for the purpose of toll and tariff regulation.

NEB's Pre-Hearing Public Engagement Initiatives in Saint John, New Brunswick

In April 2006, NEB staff traveled to Saint John to share information with the public about the NEB's role, responsibilities and mandate and to describe how the public could become involved in the NEB's regulatory process. In June 2006, NEB staff held two sessions to assist individuals in selecting an appropriate method of participation in the hearing process and to help them prepare for effective and meaningful participation during the public hearing process.

In October 2006, the Board and staff held two pre-hearing planning sessions to assist parties in their preparation for the NEB public hearing and to invite feedback from intervenors to help in the planning of the oral portion of the hearing.

Oral Hearing

The oral portion of the NEB's public hearing on the Emera Brunswick Pipeline application was held at the Hilton Saint John Trade and Convention Centre over a period of thirteen days starting on Monday, 6 November 2006. Final Argument was accepted by written submission and concluded on 22 December 2006. During the oral portion of the hearing, the Board and intervenors cross-examined the applicant's expert witnesses and the Board heard oral statements from a number of individuals.

The Board wishes to acknowledge the high level of participation by intervenors who invested time and energy in learning not just about the issues to be considered, but also the NEB's hearing procedures.

Environmental Assessment Report

On 11 April 2007, the NEB released its Environmental Assessment Report (EA Report). The main finding of this Report was that the project is not likely to result in significant adverse environmental effects provided EBPC meets all of its environmental commitments, and all of the NEB's recommendations are implemented. The EA Report is included as an appendix to the Board's Reasons for Decision on the Brunswick Pipeline. A response of the government of Canada to the NEB's EA Report was prepared and approved by Cabinet on 17 May 2007. The government response is also included as an appendix to the Board's Reasons.

The Decision

The Board has determined that the Brunswick Pipeline is in the present and future public convenience and necessity, subject to a number of conditions. The Board also approved the tolls to be charged and has granted Emera's request to be designated a Group 2 company.

The Board's public interest determination as to whether, overall, the Brunswick Pipeline was in the present and future public convenience and necessity required the Board to balance of the benefits and the burdens of the project, based upon analysis of the relevant evidence before the Board. In summary, based on the evidence before the Board, it was determined that the benefits of the Project outweighed its burdens. A detailed discussion of this public interest determination is found in Chapter 8 of the Reasons.

When making its decision on the applications, the NEB considered all the relevant evidence in the following areas:

  • Engineering design and safety issues;
  • Economic considerations, such as supply and markets;
  • Public engagement and Aboriginal consultation;
  • Socio-economic and environmental effects of the project, including the government response to the Environmental Assessment Report;
  • Land and routing matters; and
  • Toll, tariff and financial matters.

Next Steps

This decision is subject to the approval of the Governor in Council, that is, the Governor General acting on advice from the federal cabinet.

Before EBPC can start construction, it must first seek the Board's approval of its detailed route, that is, the exact route the pipeline will follow within the corridor approved by the Board. Under the NEB Act, EBPC must serve notices on all owners whose land could potentially be acquired for the pipeline. These notices must also be published in at least one issue of a publication in general circulation in the area. Subsequent steps in this process may include a detailed route hearing if letters of opposition are filed by persons who anticipate their land may be adversely affected by the proposed detailed route.

For more details on this process, please see sections 34 to 40 of the NEB Act, and the information series available on the NEB website under the Publications link, in particular, the information series called Pipeline Regulation in Canada: A Guide for Landowners and the Public.

Once the detailed route for the Brunswick Pipeline, or portions of that route, have been approved and pre-construction conditions and commitments have been fulfilled, EBPC can begin construction.

A news release and Questions & Answers have been prepared with the intent to provide complementary information. This backgrounder, the news release and the Questions & Answers do not form part of the Board's Reasons for Decision in this matter.

 

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Date Modified:
2011-10-28