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On 23 November 2007, TransCanada Keystone Pipeline GP Ltd. applied to the National Energy Board for approval of variances to the facilities approved in the Board's Reasons for Decision in OH-1-2007 dated 20 September 2007 and approval for the construction and operation of additional oil transmission facilities and the associated toll methodology. This report documents the reasoning behind the Board's decisions regarding TransCanada's requests.--Includes text from document.
Discusses the background and the report of the National Energy Board (NEB) with regard to the application by TransCanada Pipelines Ltd. and TransCanada Keystone Pipeline GP Ltd. to transfer certain pipeline facilities presently comprising part of the TransCanada mainline natural gas transmission system from TransCanada to Keystone for use in Keystone's proposed new oil pipeline. Included in the data is information on the regulatory standard, a discussion of energy supply, markets and pipelines, and the potential impacts of the transfer.
In early 2008, the National Energy Board (Board or NEB) identified a proposed approach for the Land Matters Consultative Initiative (LMCI), consisting of four distinct topic streams. One of the streams, Stream 3, was Pipeline Abandonment--Financial Issues. The Board indicated that the key issue to be considered in respect of that stream was: "What is the optimal way to ensure that funds are available when abandonment costs are incurred?" The Board noted two key principles fundamental to its future decisions with respect to the financial matters related to pipeline abandonment. These were: a) Abandonment costs are a legitimate cost of providing service and are recoverable upon Board approval from users of the system; and b) Landowners will not be liable for costs of pipeline abandonment. These Reasons for Decision provide an overview of the matters considered by the Board in reaching a decision in respect of the abandonment cost estimates applications.--Document.
This document concerns an application to the National Energy Board (NEB) dated 14 March 2008 by Trans Mountain Pipeline Inc. (TMI) for approval of proposed Tariff No. 74, Rules and Regulations Governing the Transportation of Petroleum, to be effective 1 May 2008, the in-service date for Phase 1 of the TMX Anchor Loop Expansion Project, filed with the NEB under File No. OF-Tolls-Group1-T246-2008-02 01; and Hearing Order RH-4-2008, heard in Calgary, Alberta on 4 September 2008. This document provides an overview of the matters considered by the NEB in reaching a decision on the application and details of the NEB's assessment of issues identified by the NEB or by parties to the proceeding, including: the allocation of capacity with respect to receipts and deliveries at Kamloops; the appropriate capacity to be allocated for deliveries over the Westridge Dock; the appropriate tariff, rules and regulations governing nominations and the allocation of capacity for deliveries over the Westridge Dock; the definition of Land versus Dock Deliveries; the appropriate tariff, rules and regulations governing nominations and the allocation of capacity for deliveries to land-based destinations; whether there should be a regular review by TMI and its shippers of capacity allocations to the various destinations on the Trans Mountain pipeline system; and whether the proposed allocation procedures to accommodate Phase 1 and Phase 2 of the Anchor Loop TMX expansion are consistent with the National Energy Board Act.--Includes text from document.
In January 2008, the National Energy Board (Board) identified a proposed approach for the Land Matters Consultative Initiative (LMCI), consisting of four distinct topic streams. One of the four topic streams, stream 3, was "Pipeline Abandonment--Financial Issues." The Board indicated that the key issue to be considered in respect of that topic stream was the following: What is the optimal way to ensure that funds are available when abandonment costs are incurred? This document presents the Board's report and recommendations concerning this question.--Includes text from document.
Supreme Court of Canada decisions have defined a general framework for the "duty to consult" Aboriginal peoples and accommodate their concerns over natural resource development, but anticipate the details of that framework will be expanded upon in the future. Aboriginal Consultation, Environmental Assessment, and Regulatory Review in Canada offers a paradigm that advances that discussion. It proposes an integrated and robust planning model for natural resource extraction allowing Aboriginal peoples, industry, governments, tribunals, and the Courts to all make contributions to reconciliation in the context of sustainable development and environmental protection. Kirk Lambrecht surveys the law of actual and asserted Aboriginal rights and historical and modern Treaty rights in Canada and discusses the national and international purposes of environmental assessment and regulatory review. He appraises the fundamental principles of Supreme Court of Canada jurisprudence defining aboriginal consultation and accommodation as a constitutional imperative and uses case studies involving the National Energy Board to demonstrate how integrated process has evolved over time. Finally he offers general conclusions on the practical utility, and outstanding challenges, involving an integrated planning paradigm.
On 9 March 2007, Enbridge Southern Lights GP on behalf of Enbridge Southern Lights LP (ESL) and Enbridge Pipelines Inc. (EPI), collectively the Applicants, applied to the National Energy Board (NEB or the Board) for approvals related to the Southern Lights Project (Project). This Project consists of two components: Diluent Pipeline Project; and Capacity Replacement Project. In this proceeding, the Board heard evidence on engineering design and safety issues; economic considerations, such as supply and markets; public engagement and consultation; impacts on Aboriginal people; socio-economic and environmental effects of the Project; and land and routing matters.--Document.