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Home > News Releases > News Releases 2007 > Emera Brunswick Pipeline Project - Questions and Answers

Emera Brunswick Pipeline Project - Questions and Answers[1]

31 May 2007

The National Energy Board (NEB) has approved an application submitted by Emera Brunswick Pipeline Company Ltd. (EBPC) to build and operate a 30-inch diameter pipeline that will extend over a distance of 145 kilometres from the Canaport™ Liquefied Natural Gas (LNG) Terminal at Mispec Point, New Brunswick to a point on the international 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.

[1] These questions and answers are provided for information purposes only. They do not form part of the Board's Reasons for Decision with respect to the Brunswick Pipeline Project.

The Board recognizes that this application has generated a high level of public participation. The widespread interest in the project has prompted the preparation of this information document.

The NEB would like to provide additional information about the next steps with respect to the Board's involvement with the Brunswick Pipeline.

1. Is the Board's decision final?

Yes, the Board has made its decision.

2. Could the Board be requested to re-consider its Decision?

The NEB can be requested to reconsider its decision. Should a person be interested in such a request, they are directed to the requirements listed in the NEB's Rules of Practice and Procedure. This document can be found on the Board's website.

3. Does the Government of Canada have a role with respect to this decision?

The Board's decision is submitted to the Governor in Council for approval, which is the Governor General acting on advice from the federal cabinet.

4. Can I appeal the decision?

The NEB's decision may be appealed to Canada's Federal Court of Appeal on a point of law or jurisdiction. To appeal a decision, you must seek permission by filing your request, or "leave application", with the Federal Court of Appeal. This step must be taken no later than 30 days following the Board's decision.

5. Before construction can start, will EBPC need additional approvals from the Board?

Yes. The decision of the Board means that the pipeline must be built within the corridor approved by the Board. However, EBPC must still seek the Board's approval of its detailed route, which is the exact route the pipeline will follow within that corridor. In seeking this approval, EBPC will file documents with the Board that are referred to as its plans, profiles and books of reference. These documents will indicate the exact pipeline route that EBPC is seeking approval for.

6. How do parties provide input to the NEB about the final pipeline route?

Under the NEB Act, EBPC must serve notices to all owners whose land could potentially be acquired for the pipeline. A notice must also be published in at least one issue of a publication in general circulation in the area. Any landowner who is served a notice has the opportunity to send a letter of opposition regarding the pipeline route to the Board within 30 days of being served.

In addition, people who anticipate that their lands may be adversely affected by the proposed detailed route may send letters of opposition to the Board within 30 days of the last notice publication. If the Board receives letters of opposition to the proposed pipeline route, then it may hold a public detailed route hearing to allow landowners and people who anticipate that their lands may be adversely affected to explain why they disagree with the proposed detailed route.

7. What is the purpose of a detailed route hearing?

The purpose of a detailed route hearing is for the NEB to hear evidence as to why there is disagreement with respect to the proposed detailed route. It is not the purpose of this hearing process to challenge the Board's decision to approve the project.

In making its decision on the detailed route, the Board takes into account the letters of opposition that have been filed with it and the representations made by the people during the detailed route hearing. This information will allow the Board to determine the following:

  • the route for the pipeline within the approved corridor,
  • the most appropriate methods of construction, and
  • the most appropriate timing for construction.

8. Can a detailed route hearing result in the pipeline being built along a marine route?

No. The purpose of the detailed route hearing is to determine where the pipeline will be built within the limits of the corridor that the Board has already approved.

9. Will I be given any compensation for my costs if I participate in the detailed route hearing?

The NEB does not have the authority to fund participants. However, if you are participating in a detailed route hearing, after the hearing you may submit your claim to the company for the costs of participating. Receipts must show the amount of the actual costs, to whom they are owed and the reason for the costs. For example, legal fees or costs for attending the hearing could be acceptable costs. If you and the company cannot settle on the amount you wish to claim, the NEB can determine a reasonable amount.

10, Will the same three members of the Board who presided during the Certificate hearing, also preside at the detailed route hearing, if there is one?

Not necessarily. Some of the members could be the same, or the panel could be formed by an entirely different group of members.

11. What pre-construction activities can EPBC undertake prior to obtaining the Board's approval of its detailed route?

There are a number of pre-construction activities that EBPC may undertake while it is seeking approval of the detailed route. Such activities may include visual surveying of lands with a landowner's permission; ordering of materials and equipment; or requesting proposals for and granting construction contracts.

12. Can EBPC start construction before any detailed route hearing?

Yes, in certain circumstances it could. If no letters of opposition are received for a portion of the detailed route of a pipeline, then the Board may approve the plans, profiles and books of reference for that portion of the pipeline.

If that happens, EBPC can begin construction under the following situations:

  • the construction can only take place on the portion of the detailed route that has been approved;
  • the conditions that apply to the pre-construction phase of the project must have been fulfilled; and
  • the approved portion of the plans, profile and book of reference must have been deposited at the office of the registrar of deeds located in the area.[2]

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

13. What else happens prior to construction?

In addition to seeking approval of its plans, profiles and books of reference, and before starting construction, EBPC must file a number of other documents with the Board that are specified in the Certificate conditions. For example, EBPC must file an environmental protection plan and an access management plan. These documents must both be approved by the Board before the company can begin construction.

14. Are there other NEB approvals required for the project after construction begins?

Yes. For example, EBPC must seek the Board's permission, or "leave", to open the pipeline to allow the transmission of gas.

15. How will the Board regulate EBPC?

The Board has imposed a number of conditions upon EBPC. These conditions are included in Appendix V of the written Reasons, and the rationale for each condition can be found in the relevant sections of the text of the written Reasons and in the Board's Environmental Assessment Report (EA Report).

During the hearing, EBPC also committed to undertaking a number of actions.

EBPC must comply with the NEB Act and regulations, the conditions imposed by the Board and all of the commitments that it made during the hearing.

16. Is there any further public consultation required for the Brunswick Pipeline?

Yes. The Board has required that EBPC file, for the Board's approval, a public consultation program for the construction and operations phases of the project. This program must be filed at least 75 days prior to the planned start of construction.

The Board has stated in the Reasons for Decision that the public consultation program should establish a direct communications link between EBPC and the public, and should also provide a means to have all public questions and concerns considered and addressed by the appropriate party.

At a minimum, the Board expects EBPC to provide regular progress reports to the community beginning no later than 60 days before the planned start of construction, and continuing every six months for at least two years after the pipeline is in operation.

17. How will the environment be protected?

The Board determined in its EA Report that as long as EBPC meets all of the commitments that it made in its application and during the hearing, and providing the Board's recommendations are implemented as conditions, then the Project is not likely to result in significant adverse environmental effects.

The Board's recommendations found in the EA Report have since been imposed as conditions to the Certificate. A number of these conditions specifically relate to the protection of the environment. For example, EBPC is required to file an environmental protection plan and conduct environmental follow-up programs.

18. Is there anything that addresses my concerns about emergency response?

The Board has imposed a number of conditions dealing specifically with this issue. For example, EBPC must file an emergency procedures manual with the Board, conduct an emergency response exercise and develop an emergency response exercise program. More information about this issue and the corresponding conditions can be found in the Reasons for Decision.

The Board found that the provisions contained in the Onshore Pipeline Regulations, 1999, and the audit programs of the Board, in conjunction with EBPC's commitments and fulfillment of the Certificate conditions would ensure that the Brunswick Pipeline will be operated in a safe manner.

19. Is there a way for me to know exactly what EBPC's commitments are?

Yes. In order for the public to obtain a better understanding of EBPC's commitments, the Board has imposed a number of community-oriented measures. For example, at least 120 days before the planned start of construction, EBPC is required to file with the Board and to post on its company website, a table listing the following:

  • all commitments made by the company during the proceedings;
  • all conditions imposed by the NEB; and
  • the deadlines associated with each.

20. How does the Board ensure EBPC will do what it committed to and what the Board has conditioned?

The Board will ensure EBPC complies with the following:

  • its own commitments made in the application and during the hearing;
  • the conditions on the Certificate;
  • any further terms and conditions that may be imposed, for example, on the approval of a detailed route; and
  • the NEB Act and applicable regulations, such as the Onshore Pipeline Regulations, 1999.

There are various methods to ensure compliance, including audits and inspections. The Board routinely conducts audits and inspections of pipeline projects to verify regulatory compliance. These regulatory activities continue throughout the life of a project.

For example, inspections may take place to ensure EBPC is meeting conditions. If it was determined that EBPC was not meeting these conditions, then the Board can take action to enforce them. This may include talking to EBPC, issuing a written request to correct the problem or, in certain circumstances, ordering the company to stop construction or operation.

21. What will be the NEB's role from this point on?

The NEB takes a lifecycle approach to regulation. In this approach, the Board will regulate the Brunswick Pipeline from its construction to its abandonment. Even at the end of the project's life, EBPC will have to apply to the Board for approval to abandon the operation of its pipeline.

Some of the methods that the Board uses in its lifecycle approach include the following:

  • ensuring compliance with conditions, regulations and the NEB Act;
  • requiring additional applications for certain activities specified in the Act and in regulations;
  • imposing reporting obligations;
  • ensuring ongoing informal communication with the company;
  • conducting audits; and
  • inspecting the facilities.

22. If I have concerns about how the Brunswick Pipeline is being constructed or operated, what should I do?

We encourage anyone with concerns about the pipeline to raise them directly, where possible, with EBPC, to provide the company with an opportunity for more immediate resolution. For example, landowners or those living near the pipeline may be the first people to notice potential environmental matters associated with the construction or operation of the pipeline. In such cases, raising the issue directly with EBPC may be most efficient way to address the problem.

If you are not satisfied with EBPC's response to your concerns or if you have a concern with how the Brunswick Pipeline is being constructed or operated, you can also contact the NEB to discuss the matter.

23. How are concerns by landowners addressed by the Board?

If you are a landowner and the Brunswick Pipeline crosses your land, you may contact the NEB and request access to one of the Board's programs to help you work out some of the issues that you may have with EBPC.

The Landowner Complaint Resolution Program and the Appropriate Dispute Resolution (ADR) process involve informal and formal options for resolving outstanding issues.

24. What is Appropriate Dispute Resolution (ADR)?

ADR is available throughout the lifecycle of the pipeline to help resolve issues arising from the project. ADR may take many forms, including workshops, mediations, or facilitations. For example, ADR could take the form of a meeting between you and EBPC, which may be facilitated by our trained NEB staff or by another neutral third party.

Numerous issues could be resolved through the use of the Board's ADR process. Issues such as the following could be discussed during ADR activities to try to achieve voluntary resolution between the parties:

  • the timing and methods related to reclamation activities;
  • mitigation measures during construction;
  • crossings;
  • detailed routing concerns; and
  • compensation.

could be discussed during ADR activities to try to achieve voluntary resolution between the parties.

25. What is the Landowner Complaint Resolution Program?

The Landowner Complaint Resolution Program is the process through which the Board deals with landowner complaints. It provides a number of options for the tracking and resolution of complaints. The process may involve informal discussion with the parties, inspections or site visits, ADR, and could eventually require a Board decision on an issue.

26. What if EBPC and I cannot reach a voluntary resolution?

Under the Landowner Complaint Resolution Program, the Board may be requested to make an order or give a direction with respect to certain unresolved issues between EBPC and a landowner, although it is always preferable for the parties to reach a mutually satisfactory resolution.

27. Can the Board give an order or direction on compensation matters related to the pipeline?

No. The Board does not have the authority to make decisions or orders on compensation matters. Should compensation issues not be resolved voluntarily through ADR, there are potentially applicable negotiation and arbitration processes set out in the NEB Act which are administered by the Minister of Natural Resources.

28. How can I contact the Board?

E-mail: The NEB has a general e-mail account for all energy-related inquiries. You can submit your question to info@neb-one.gc.ca .

Telephone/ Fax: You may contact the NEB at 403-292-4800 or toll free at 1-800-899-1265. To send a fax, dial 403-292-5503 or toll free 1-877-288-8803.

Mail: Our mailing address is:

National Energy Board
444 Seventh Avenue SW
Calgary, Alberta
T2P 0X8

29. Where can I find more information?

NEB Web site: The NEB website contains information on NEB activities, regulatory documents and general energy information. The website can be accessed at: www.neb-one.gc.ca.

NEB Library: The NEB Library is an excellent source of information for people interested in energy issues or NEB matters. Library staff can respond to inquiries via e-mail, telephone or mail.

E-mail: library@neb-one.gc.ca
Telephone: 403-299-3561 or toll free 1-800-899-1265.

If you're looking for an NEB publication, you can contact the Publications Coordinator in the Library at publications@neb-one.gc.ca or 403-292-3562 or via the toll free number above. All NEB publications are also available on the website under the heading Publications.

 

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Date Modified:
2011-10-28