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Application Process for Small Pipelines - Questions and Answers

12 December 2007

1. How will this process work?

Companies will use the NEB's online risk criteria to build their applications under Section 58 of the National Energy Board Act. Where they cannot meet one or more of the online criteria, the system will guide them to provide additional information for those criteria. Less complex projects will require less information to be filed by way of application, whereas more complex projects will result in larger and more complex applications.

2. If the NEB is going to get smaller applications and less information from the company, how can the NEB assure the public that it has used the same level of due diligence and care in assessing the application and reaching a decision?

The NEB will continue to apply the same level of due diligence and care to its review of all applications. The NEB is an expert tribunal with a regulatory framework that sets high standards for NEB-regulated companies.

The applications submitted to the NEB using the new process will match, in size and complexity, the projects for which they are submitted. This will mean that issues of concern or issues that are high risk in nature will stand out and receive extra attention by NEB staff. Where any issues are identified as higher risk, they will be reviewed in more detail by staff with qualifications in the specific disciplines potentially affected by the issues (e.g., engineering, consultation, lands, environment, socio-economics, finance, markets, supply, etc.). Issues that are low risk in nature will still be assessed, but the amount of information required for the assessment will be streamlined.

3. Does the applicant still need to carry out the environmental assessments and consultations they had to complete under the former application process?

Yes. The expectation is that the company will still carry out its due diligence. The difference is that the documentation is only provided to the NEB if specifically required. If not required, then the company keeps the documentation for audit purposes. The NEB can request to see this information during an audit.

4. How can the NEB be sure the applicant has done these assessments?

It is in the best interest of applicants to ensure they have all the necessary assessments completed. The NEB can perform an audit of the company at any time and may request to see these assessments and supporting documentation at that time.

5. What kind of risk criteria does the NEB consider?

The criteria set out in the online application form that is used to decide if the project is low or higher risk fall into the areas of consultation, engineering, environment, lands, socio-economics, tolls, markets and supply.

6. How does the risk-based criteria model "catch" high risk matters?

For parts of the project that do not meet the low-risk criteria, the company must submit additional information. This highlights to the company, and to the NEB, which areas require more scrutiny during the application process.

7. What if the applicant doesn't meet the online application requirements? How will they file an application?

Where an applicant cannot meet the low-risk criteria in the online application form, they are directed to file additional information, either through specific guidance or by direction to sections of the NEB Filing Manual.

8. Does the risk-based application process mean less time is spent evaluating an application?

The time spent by NEB staff in reviewing an application filed through this process will usually be shorter than in the previous process. This is because only higher risk issues will result in the filing of detailed information, so there will be less time spent reading large applications which contain information about matters that are mostly routine and low risk.

This isn't to say that applications will be assessed using a less rigorous evaluation process. NEB staff are experts in their field and will continue to apply high standards of evaluation when assessing all applications. Low risk matters will still be assessed but they will not require the filing of additional information apart from the online checklist.

9. What if the NEB determines that one matter was low risk and a member of the public felt that it was a high-risk matter - what would be the action taken?

If any potentially affected person indicates a concern to the company during the company's consultation phase, the company is required to report that information in its application. Any matter of public concern is not considered a low risk matter by the NEB and will be assessed at a higher risk level.

10. How can members of the public file their comments on the application?

Before a company files an application with the NEB, they are required to consult with stakeholders who may be impacted by the project. Any concerns that you may have with the project should be raised at this stage with the company. The company must include any public concerns with the project in their application to the NEB.

You may also write to the NEB and let us know of your concern.

11. If projects are being filed online, can I access these applications and view them?

Yes. All applications to the NEB are available to the public through our website in a section called Regulatory Documents. This section is located on the main page of our website at www.neb-one.gc.ca. You can search for the application by company name.

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Date Modified:

2011-10-28