Enbridge Pipelines Inc. - Line 9B Reversal and Line 9 Capacity Expansion Project - Frequently Asked Questions - Reasons for Decision
- What did Enbridge request in its application?
- Is the Board the Final Decision-Maker?
- When will the line reversal occur?
- Does this decision grant Enbridge approval to transport heavy crude oil?
- Where can I find the list of Enbridge's commitments?
- Is there any further public consultation required for the project?
- What are Management Systems?
- What conditions were imposed?
- How does the Board ensure compliance?
- Are there any provincial approvals required for the project?
- How are concerns by landowners addressed by the Board?
- How much time did the Board take before making this decision public?
- Where can I find more information?
NOTE: Interested persons should also refer to the full text of the Board’s Reasons for Decision. [Filing A59170]
Q. What did Enbridge request in its application?
A. On 29 November 2012, Enbridge Pipelines Inc. (Enbridge) filed an application under section 58 and Part IV of the National Energy Board Act (NEB Act) asking for approval to reverse a segment of Line 9 between North Westover, Ontario and Montreal, Québec, in addition to requesting a capacity expansion for the entire Line 9 from Sarnia, Ontario to Montreal, and a revision to the Line 9 Rules and Regulations Tariff to allow transportation of heavy crude. Subsequent to this Enbridge also requested an exemption from certain requirements under the Oil Pipeline Uniform Accounting Regulations and the Board’s Filing Manual.
Enbridge has already obtained Board approval to reverse the pipeline’s flow for the section running between Sarnia and North Westover, in southwestern Ontario. The Letter Decision [Filing A43137] for the Line 9 Reversal Phase I Project [Folder 706437] was issued on 27 July 2012.
Q. Is the Board the Final Decision-Maker?
A. Yes. For an application such as this one which falls under section 58 of the NEB Act, the Board’s decision is final and does not involve making a recommendation to the Government of Canada for another level of approval.
Q: When will the line reversal occur?
A: In its decision the Board denied Enbridge’s request for an exemption from leave to open (LTO) requirements. After complying with certain conditions in the accompanying Part III Order and any additional Board requirements Enbridge will have to apply under s. 47 of the NEB Act for LTO.
More information on LTO applications can be found here: Filing Manual - Guide T - Leave to Open.
Q. Does this decision grant Enbridge approval to transport heavy crude oil?
A. Yes. Part of the Board’s decision includes approval of a revision to Enbridge’s Rules and Regulations Tariff for the transport of heavy crude oil. As a result, Enbridge will be permitted to operate all of Line 9 in an eastward direction in order to transport crude oil from western Canada and the U.S. Bakken region to refineries.
Q. Where can I find the list of Enbridge's commitments?
A. Condition 5 of the Part III Order requires Enbridge to post a Commitments Tracking Table on its website.
Q. Is there any further public consultation required for the project?
A. Yes. The Board has imposed conditions regarding ongoing consultation.
Q. What are Management Systems?
A. A management system as required by the National Energy Board Onshore Pipeline Regulations (OPR) is essentially a framework of processes and procedures used by an organization to fulfill its objectives. It would normally contain elements such as accountabilities, procedures for tasks and tools for auditing and continuous improvement. A company’s management system applies to the company’s programs for safety, security, integrity, environmental protection and emergency management.
More information about management systems can be found here: National Energy Board Onshore Pipeline Regulations
Q. What conditions were imposed?
A. The conditions are listed under two separate Orders, both of which can be found at the end of the Reasons for Decision. The rationale for each condition can be found in the relevant sections within the Reasons.
The conditions contained in the Orders:
- Appendix IV: NEB Section 58 Order XO-E101-003-2014 Conditions [Filing A59174]
- Appendix V: NEB Part IV Order TO-002-2014 Conditions [Filing A59174]
Q. How does the Board ensure compliance?
A. There are various methods to ensure compliance, including inspections. The Board routinely conducts compliance meetings and inspections of pipeline projects to verify regulatory compliance. The Board also conducts audits of company management systems. These regulatory activities continue throughout the life of a project.
Each year the NEB conducts targeted compliance verification activities including six comprehensive audits and at least 150 inspections of regulated companies. This is in addition to the 100+ technical meetings and exercises conducted on an annual basis. These tools are effective in allowing the Board to proactively detect and correct non-compliances before they become issues.
Whistleblower Reporting: 403-807-9473
Q. Are there any provincial approvals required for the project?
A. In addition to the Board’s approval, companies may still need separate approvals from other jurisdictions. It is the responsibility of the company to determine what permits and licenses are required.
Q. How are concerns by landowners addressed by the Board?
A. Concerned landowners can contact the Board to access its Landowner Complaint Resolution Program and the Appropriate Dispute Resolution (ADR) processes which involve informal and formal options for resolving outstanding issues.
Q. How much time did the Board take before making this decision public?
A. Under the NEB Act, the Board is required to issue a decision within 15 months of an application being determined to be complete, subject to any modifications permitted under the NEB Act. From the time the application was determined to be complete on 19 December 2012, the Board took just under 15 months to issue its decision.
Resources Available at the National Energy Board
Where can I find more information?
NEB Web Site:
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