The Kinder Morgan pipeline through the eyes of UFV’s resident elder

Author
Nadine Moedt

The Kinder Morgan pipeline through the eyes of UFV’s resident elder

By Nadine Moedt (The Cascade) – Email

Print Edition: October 10, 2012

Eddie Gardner is the resident elder at UFV, and hails from the Skwah First Nation Village in Chilliwack. He talks frankly about the Kinder Morgan pipeline, what he sees as potential issues, some potential solutions, and how students can get involved.

First of all, could you tell us a little about yourself? How would you describe the role of resident elder at UFV?

My name is Eddie Gardner, my Halq’emeylem name is T’it’elem Spath. As resident elder, I provide support and encouragement so that our students can achieve the highest quality education they can.

We play a role in making this a very welcoming place for them, and with the support that the aboriginal access centre has for students both here and in Chilliwack. We want to increase the number of aboriginal people coming to university for some higher learning, so that they in turn can take those skills and credentials and make their own contributions towards healthy and strong communities.

I’d like to discuss some of your concerns regarding the Kinder Morgan pipeline. What effects does the pipeline and proposed expansion have on the Aboriginal community?

It’s a risk too high for the aboriginal communities all the way to Kitimat or to Burnaby with Kinder Morgan. This project poses a real threat to the land, the water and the air. What we hold very precious is our wild salmon. If there is an oil spill either along the coast or in the rivers and stream where wild salmon spawn, that could cause the demise of wild salmon. We don’t want to see that.

Aboriginal communities have taken fierce resistance to this, and they’re asking that they be involved in comprehensive consultations on the whole business of having this bitumen being piped to the coastal waters.

The Tsleil-Waututh band in Burnaby are quite fearful of the increase of the supertankers, being loaded with bitumen and shipping through to Asia or down in the states. With the increase of tanker traffic there is a risk of an oil spill in the pacific coast as well. It would take years and years for a proper cleanup to take place.

For the Fraser valley and especially Chilliwack, we boast about the cleanest water in Canada—and it is—which could go by the wayside if there’s a spill in this area. We’re quite concerned about that.

That’s essentially where aboriginal people stand: the risks are just too high. We have aboriginal constitutional rights to be properly consulted, which haven’t taken place yet.

The big concern is that proper assessments are not taking place. Christy Clark has abdicated her responsibilities and handed over the assessments to the National Energy Board, when she could have had more provincial control over the assessments. We look at Prime Minister Stephen Harper saying this is going to go through, this, he says, is in the national interest of all Canadians and we must get this oil to Asian markets. On top of that, he’s said that the NEB will make all of their recommendations and conduct their public hearings on the Enbridge project, and [despite] whatever recommendations come out of the national energy board, cabinet will have the final say. It really undermines any assessment that’s taking place, especially by our federal government.

Can you tell us about the background of Kinder Morgan from an aboriginal perspective?

Well, Kinder Morgan took over the Trans mountain pipeline about six years ago. But the Trans mountain pipeline was built in the 1950s.

In the 1950s the department of Indian and Northern affairs was very compliant about it all. At that time people weren’t as conscious about oil. They were shipping crude oil through those pipelines, not bitumen. Since they first constructed the pipeline, aboriginal peoples have started to gain more control and begun to establish stronger First Nations’ governance.

In the early 1990s, they lobbied when Trudeau repatriated the constitution of Canada, First Nations people stepped up to the plate and through their lobby efforts here in Canada and at the United Nations we successfully got Aboriginal rights and entitlements included in the constitution of Canada.

So the political and social landscape and the state of the economy are much different today. I see where First Nations people have more access to information and have much more political clout than they did back then. Those dynamics will play themselves out.

Obviously there are some people in favour of both of the pipelines. Economic benefits are a key point in their defence. Would you agree with these arguments to any extent?

It’s a legitimate concern; it’s realistic to acknowledge that the global economy as it is right now needs oil. The other side of the issue is that it’s a finite, non-renewable resource, and eventually we’re going to run out of this stuff. As we run out of oil, the exploration for new reserves of oil will cost a lot of money and be more invasive. The tar sands are getting more expensive to extract. That all goes to the cost of running the economy. Eventually there’s going to be a crash.

There are obvious dangers and pitfalls to the belief that there’s no end to growth. It’s an illusion and more and more people are waking up to that. We need to invest a lot more of money and energy into technologies based on renewable resources, rather than using it to extract oil. What we’re doing now is a short-term solution.

If we stop Kinder Morgan and Enbridge right now, there are a number of alternatives that can be looked at. Piping oil through BC is treacherous. Landslides, earthquakes, storms, high winds, all those different factors create an inevitable—not if, but when—disaster. Instead of going that route they could refine that oil in Alberta and ship it out east. If we refine the oil here in Canada, shipping it would be less dangerous to the economy than pumping bitumen through these pipelines to China and having them refine it there. I think that would be a better way to go.

Canada does generate enough oil from the oil sands, yet it continues to import our oil from other countries. It makes more sense to refine it in Canada. And at the same time, pick up the pace when it comes to looking at alternative energy.

How can students at UFV get involved in the cause?

It’s in their best interest to take a look at all the issues. It’s important to be as objective as possible and really take stock of the agenda that Prime Minister Stephen Harper has set for Canada.

The students really need to take a look at the politics of the issue. Where does the provincial government stand on it? How does that play out on with federal jurisdiction and authority?

Then there’s the whole business of Harper’s clearing the road as best he can to bowl these pipelines through by restricting who is entitled to be included in the consultation process; on one hand this is an issue of national interest, yet only certain people have a right to be consulted. If it’s of national interest then it should be open to the broader public, to inform themselves.

When we look at the future, students in all disciplines need to examine in their own study what the long term impacts are of an economy that is run on non-renewable resources, as those resources are heading towards scarcity.

This issue exposes everyone to some soul-searching questions to what their future looks like and what their children’s future will look like if we don’t take this to heart and really wrestle with these huge issues before us.

This interview has been edited for length and clarity.

JOIN THE UNIS’TOT’EN SOLIDARITY BLOC AT DEFEND OUR COAST!

JOIN THE UNIS’TOT’EN SOLIDARITY BLOC AT DEFEND OUR COAST!

What: Unis’tot’en Solidarity Bloc
Where: Defend our Coast rally, BC Legislative Buildings, Victoria, BC
When: Saturday October 22nd, 2012 11am

Dear Friends and Allies,

While we gather in Victoria to engage in a symbolic act of civil disobedience, the Unis’tot’en will continue their direct resistance as they stand in the way of the proposed pipeline corridor. The most immediate threat to their safety is the proposed Pacific Trails pipeline, which intends to carry shale gas from the fracking fields in Northeastern BC to Kitimat for overseas export via LNG tankers. If successful, Pacific Trails would clear a right-of-way path for Enbridge Northern Gateway which wants to follow the same route.

On the day of the Oct 22nd Defend Our Coast rally and civil disobedience action in Victoria, CASGW is calling for an Unis’tot’en Solidarity Bloc to be present as support and also to invite participants to make stopping Pacific Trails a priority as well as the more publicized Enbridge and Kinder Morgan pipeline projects.

For the past three years, the Unis’tot’en clan of the Wet’suwet’en people have maintained a cabin on their traditional territory directly in the path of the proposed pipeline corridor through Northern, BC. Asserting their right to Free Prior and Informed Consent as indigenous people, the Unis’ tot’en have made the decision to not allow any fossil fuel pipelines through their territory in order to protect the waters and the land for future generations.

As community allies, we feel we are strongest when we stand together. That means recognizing the links between individual struggles. As we stand to Defend the Coast, we also stand in solidarity with impacted communities all the way along the proposed pipeline route. No community should be left behind simply because their cause cannot be fitted into a convenient NGO framework.

As we work to stop the expansion of Tar Sands infrastructure into BC, the ultimate goal must always remain shutting down the Tar Sands themselves. To that end we must recognize and support the work of the Athabasca Chipewyan First Nation and their historic constitutional challenge against Shell.

No to Tankers! No To All Pipelines Threatening Indigenous Lands! No Fracking! No Tar Sands!

For more information: casgw.network@gmail.com

About CASGW:

At the third annual Unis’tot’en Action Camp this summer, community allies from all over BC and beyond converged for a week of training, workshops, and discussions. From discussions between the Unis’tot’en and allies who wanted to make a long-term commitment to solidarity work with the community, Community Allies Supporting Grassroots Wet’suwet’en was formed.

Burnaby mayor slams Kinder Morgan and Harper government at town hall

Author
Beth Hong

Starting in September 2012, Texas-based pipeline giant Kinder Morgan began public consultations for an estimated $4.1 billion expansion of its Trans Mountain pipeline from Alberta’s oil sands in Edmonton to Metro Vancouver. The company plans to more than double the capacity of the pipeline by 2017 from its current 300,000 barrels of oil per day to 750,000. The project rivals Enbridge’s Northern Gateway pipeline, which aims to export oil sands crude through the Great Bear Rainforest. Kinder Morgan plans to file an application for its expansion project to the National Energy Board in late 2013, and says it plans to begin town hall meetings in Burnaby in November

The Burnaby Residents Opposed to Kinder Morgan Expansion (BROKE) hosted a town hall featuring Sven Biggs of Tanker Free BC, Rueben George of Tsleil-Waututh Nation, Ben West of the Wilderness Committee, NDP MP Kennedy Stewart, singer Ta’Kaiya Blaney, BROKE member Mary Hatch and Burnaby mayor Derek Corrigan. All photos by Beth Hong.
The province has failed to be accountable to British Columbians, Burnaby Mayor Derek Corrigan told more than 200 residents of Burnaby, Abbotsford, North Vancouver, and other neighbouring municipalities who packed the hall at a Burnaby Residents Opposed to Kinder Morgan Expansion (BROKE) town hall last night.

And now it’s up to citizens to voice their concerns to elected officials about a multinational oil giant that wants to expand an oil pipeline under their backyards, homes, and neighbourhoods, the mayor said.

Residents listen to speeches at the town hall

“The federal government determines what’s in the national interest, and if they determine it’s in the national interest—that is, what’s in the interest of Alberta—they can proceed with pushing through a pipeline through our community no matter what kind of bylaw the city of Burnaby proposes,” said Mayor Corrigan.

Noting that since the province of British Columbia opted out of the environmental assessment process on Enbridge and Kinder Morgan, he said that city councils are in a position of ‘powerlessness’ when it comes to demanding accountability in the hierarchy of Canadian politics.

“Eventually they have to be accountable to you, and there is no more important force in Canada than the people of our country,” Corrigan said.

“Despite our lack of constitutional authority, we still have faith that you can make them come to heel.”

Burnaby Mayor criticizes lack of national energy strategy

Corrigan took sharp aim at the Harper government’s management of the Alberta oil sands, alleging that it has “absolutely no idea,” and leaves crucial decisions to multinational corporations.

“They say the market will decide. The reality is, they are mining it and failing to refine it because they want to send it offshore to China. They want to refine that oil without any of the difficulties in North America,” Corrigan said.

“And those problems will be drifting back across the Pacific as a result of those decisions. Not only are we doing ourselves a disservice, not only are we hurting our own community if we allow this to go through, but we are hurting people who are 5,000 miles away from us, who didn’t do us any harm whatsoever. By sending them this caustic oil and by allowing that oil to be refined in a country without the standards that we hold to in North America, we are only creating a problem for someone else that eventually will end up on our back door.”

When asked after the town hall what the response has been from the federal government regarding his constituents’ concerns, Corrigan said that the Ministry of Natural Resources uses the National Energy Board as a “foil” in order to avoid answering questions.

“They switch it back to the National Energy Board. They use the National Energy Board as a foil in order to avoid discussing the issue at all,” he said.

“Yet at the same time they passed legislation that says eventually the decision will be made by the cabinet. So on the one hand they’re telling us deal with the NEB, on the other hand they’re saying we’re going to make the eventual decision.”

Minister of Natural Resources Joe Oliver is currently on a trip to India, and will respond to Mayor Corrigan’s allegations shortly, according to Ministry spokesperson Carly Wolff. The Vancouver Observer will update this story with his response.

Burnaby resident raises spectre of “traumatic” 2007 oil spill

Much of Corrigan’s ire toward Kinder Morgan and the federal government’s management of Alberta oil sands originates from a 2007 oil spill near Burnaby’s Westridge neighbourhood.

Mary Hatch, a BROKE member and Burnaby resident, recounted her experience of the spill in her neighbourhood.

“Some of my neighbours were out of their homes for months as their houses were being repaired. It’s been five years since the pipeline was ruptured,” Hatch recounted on the panel stage.

“That was a traumatic time for our community—our health and safety had been breached. Now, boom. We’re back to worrying about a new assault on our homes and community.”

Burnaby NDP MP Kennedy Stewart, who has been surveying Burnaby and Kamloops residents about the proposed pipeline expansion over the last year and a half, said that he intended to continue his pursuit for answers.

“I just met with the Greater Vancouver Real Estate Board about what this means for property values, what kind of insurance do you need to prepare for the kind of rupture that we had in 2007, and I’m getting no answers because they don’t usually run pipelines of this size through urban areas,” he said.

“So the National Energy Board doesn’t really have the answers at the moment, and I’m saying you better give them to us, because I have a concerned community here, and before we go too far down this road, we have to know the facts.”

Kinder Morgan maintains that it is doing an “extensive and thorough engagement process.”

“An open, extensive and thorough engagement process on all aspects of
the proposed Trans Mountain Expansion Project is underway along the
pipeline corridor between Strathcona County, Alberta (near Edmonton) and
Burnaby, British Columbia and the marine corridor,” Trans Mountain spokesperson Ali Hounsell said.

“We are reaching out to all landowners along the pipeline and meeting with community leaders, elected officials, environmental groups and Aboriginal people to get their input and perspective pipeline corridor between Strathcona County, Alberta (near Edmonton) and Burnaby, British Columbia and the marine corridor. We are reaching out to all landowners along the pipeline and meeting with community leaders, elected officials, environmental groups and Aboriginal peoples to get their input and perspective.”

Kinder Morgan and First Nations consultations at a standstill

However, not all First Nations community leaders agree that Trans Mountain has done adaquate consultations for aboriginal input and perspective.

Rueben George of Tsleil-Waututh Nation, located near the Burrard Inlet where most of the tanker traffic is expected to increase, said that there was no consultation, and the federal government was not helping.

“There was no consultation from them or anybody, and they didn’t talk to us since 2005 when they started running oil out of Alberta tar sands into our traditional waters. They didn’t talk to any of us about that before that happened,” George said.

Tsleil-Waututh’s Rueben George

“The other side of it is that they’re rushing through this with the support of the Harper government, so there’s been none at all, no consultation or no talk at all.”

Kinder Morgan countered George’s allegations, and that this was an atypical case.

“We have been seeking the opportunity to meet with Tsleil-Waututh for
some time now. While they have advised they are not ready to meet with
us yet, we stand ready to provide information to them and to meet with
them at any time,” Gary Youngman, Project Lead, Aboriginal Engagement, Trans Mountain Expansion Project told The Vancouver Observer.

“Their position isn’t characteristic of our engagement with other First Nations. We have been in many discussions with many other Aboriginal groups along the line—and many of these discussions are positively progressing.”

Brace for David versus Goliath battle ahead, warns BROKE organizer

Concluding the town hall before a question and answer, Karl Perrin, BROKE member and Burnaby resident, emphasized the scale of a community-wide effort against a major oil pipeline expansion project.

“Of course, Richard Kinder of Kinder Morgan is one of the top 100 richest in the world—he’s number 36 in the United States, and he’s climbing fast,” he said.

Karl Perrin of BROKE

“He’s going for number one. Right now he’s number one in Houston. So he can outspend the whole province if he wanted to, but we live here, and we can invest in our future.”

Perrin and Burnaby City Council plan on applying for intervenor status at the Kinder Morgan National Energy Board hearings in late 2013.

“All opinions and input are valuable and we think it will help make our
application better,” wrote Trans Mountain spokesperson Hounsell. “We encourage people to participate in the information sessions or online and to fill out a feedback form—all comments and concerns will be submitted and considered by the NEB.”

Hounsell added that Trans Mountain will have information sessions in Burnaby in November.

B.C. mulls joining Kinder Morgan pipeline hearing

The provincial government must decide soon if it wants to have a say at a hearing that could influence Kinder Morgan’s plans to twin its Trans Mountain crude oil pipeline through the Lower Mainland.

The province has secured intervenor status in one National Energy Board (NEB) hearing starting Jan. 15 in Calgary, where Chevron Canada will argue its Burnaby refinery should get priority access to oil flowing through the pipeline in order to keep operating.

But another deadline is looming Oct. 15 for potential intervenors in a separate NEB hearing starting Feb. 13 into the rates Kinder Morgan would charge its pipeline customers.

Environment Minister Terry Lake said in July the province would consider taking part in that regulatory hearing.

It’s been suggested B.C. could argue at the commercial rates hearing for the imposition of a per-barrel levy on oil flowing through the pipeline to help fund an improved spill prevention and response system.

But a ministry spokesperson said Tuesday no decision has been made on whether to apply as an intervenor in the February hearing.

“We are reviewing the application now to determine how it might affect B.C.’s interest,” he said.

Officials note Kinder Morgan’s formal project application to twin the pipeline is not expected until 2014, launching an environmental assessment and a third round of NEB hearings that will be the main arena for project scrutiny.

The $4-billion expansion would more than double Trans Mountain’s capacity to 750,000 barrels per day and bring 300 tankers per year to Burrard Inlet to take on oil for export, with more of it expected to be diluted bitumen from Alberta’s oil sands.

The province isn’t the only player that could pipe up at the initial two hearings.

NDP MP Kennedy Stewart (Burnaby-Douglas) and Burnaby Mayor Derek Corrigan have also been named intervenors at the Chevron hearing.

Stewart said he’s backing Chevron’s application, adding the loss of B.C.’s only major refinery could drive up local gas prices.

“It does supply a third of the gasoline for the Lower Mainland and about 400 jobs,” he said.

He added he also wants to press Chevron on whether the firm will improve environmental standards at the Burnaby refinery.

Chevron has resorted to shipping some oil from Alberta by rail to Langley and then by truck to Burnaby because of its inability to get enough crude via the oversubscribed pipeline.

Kinder Morgan has indicated it will not oppose Chevron, but at least one U.S. oil firm with a refinery in Washington State is expected to argue against priority for the B.C. refinery, on grounds that would violate free trade agreements.

Stewart is also seeking standing at the rates hearing and argues the province should be there too.

“Because they’re talking about the prices they would charge per barrel of oil coming down the pipeline this is a perfect opportunity to discuss what other moneys might be charged,” Stewart said.

“The premier has said no pipeline without more benefits. Well, this is exactly the place they could talk about this issue with the Kinder Morgan pipeline.”

The provincial government has been criticized for not seeking a formal role much earlier at the NEB hearings underway into Enbridge’s proposed Northern Gateway pipeline to Kitimat.

A government spokesperson said the province has notified Kinder Morgan it is subject to the same requirements B.C. has laid down in response to Enbridge’s plans.

Correction: An earlier version of this story incorrectly indicated B.C. had not sought intervenor status in the Chevron hearing.

Residents united against pipeline proposal

Roughly 250 people packed Confederation Seniors’ Centre Wednesday night for the first public town hall meeting organized by a Burnaby residents’ group opposing Kinder Morgan’s pipeline expansion plan.

Speakers talked of widespread public opposition to the expansion and recounted their experiences with Kinder Morgan’s 2007 pipeline rupture that sprayed local homes with oil.

Rueben George of the Tsleil-Waututh Nation opened the meeting, talking about the importance of protecting the environment for future generations.

“It’s not just a First Nations problem,” he said. “It’s all of our problem.”

Local resident Mary Hatch told the crowd of her experience with the 2007 pipeline rupture. The Inlet Drive resident did not know her home was next to the pipeline until it broke and sprayed her home and car with crude.

“That was a traumatic time for our com-munity,” she said. “Our health and safety had been breached.”

Kennedy Stewart, the NDP member of Parliament for Burnaby Douglas, spoke of the pipeline issue from his perspective as a new politician. The first call he received after being elected was from Ian Anderson, president of Kinder Morgan

Canada, explaining that the company was intending to twin the current pipeline, which runs oil from Alberta to B.C., and more than double shipping capacity. Stewart said he raised the issue with his constituents, conducted phone surveys and found the majority of respondents were not supportive of the expansion, and had a map made of the current pipeline route when Kinder Morgan declined to give him one.

“My job is to take what I’m hearing here back to Ottawa and develop a national position,” he said.

Stewart also mentioned that there are 2,200 homeowners along the pipeline route. Kinder Morgan clarified with the NOW, stating that there are 2,200 landowners (not homeowners) along the existing right-of-way from Edmonton to Burnaby. In Burnaby, there are a total of 13 landowners – one is Kinder Morgan, seven are “government,” and five are private.

Mayor Derek Corrigan criticized the federal government for having no national energy plan and leaving the fate of Canadian energy security up to market forces and corporations that oversee bitumen shipments to China, where there are less stringent environmental regulations.

“We’ll be handing those environmental problems off to China, and they’ll be drifting back over the Pacific into our communities,” he said. “To impose upon our communities this incredible risk and to risk tanker traffic that will affect the oceans of our world is beyond ridiculous – it’s absurdity. And we need to stand up as a community – if we are the only voice across Canada that is heard – we need to stand up as a community and say we are not going to tolerate this foolishness. We want an energy policy in Canada that answers to Canadian needs first that ensures our long-term viability as a nation and that we do not export our environmental problems to other parts of the world.”

Ben West, a healthy communities campaigner with the Wilderness Committee, described the region as the frontlines of a fight against some of the richest, most powerful companies on Earth.

“We’re fighting some of the richest people in the world,” he said. “This is just the beginning of a long fight.”

He also said diluted bitumen, which Kinder Morgan has been shipping through the Trans Mountain pipeline for years, is “very different from light crude,” and he raised the spectre of the Enbridge spill in Kalamazoo, Michigan, where diluted bitumen sank to the bottom of a tributary after the chemical dilutants evaporated and residents were evacuated because of the fumes.

The town hall meeting was organized by BROKE, Burnaby Residents Opposing Kinder Morgan Expansion, and was the first public meeting the group has hosted. BROKE spokesperson Karl Perrin said the group may organize another town hall meeting and possibly a debate and invite Kinder Morgan.

© Copyright (c) Burnaby Now

Read more: http://www.burnabynow.com/technology/Residents+united+against+pipeline+proposal/7379567/story.html#ixzz297B0SCcp

Videos from our old website

 

 

Economics of Oil Pipelines and Tankers with Robyn Allan Part 2

The Economics of Oil Pipelines and Tankers Robyn Allan. Introduction by Tara Bonham, Environmental Committee March 27, 2013. Please sign the petition to defend BC at http://defendbc.ca/speakout-pe

 

 

 

Click on the links below to watch the recordings. Please direct any questions to info@brokepipelinewatch.ca

 

 

 

 

 

BC has yet to join Kinder Morgan Oil Pipeline Hearings

The provincial government must decide soon if it wants to have a say at an initial pair of hearings into Kinder Morgan’s plan to twin its Trans Mountain crude oil pipeline through the Lower Mainland.

The province has already missed an August deadline to apply for intervenor status in one National Energy Board (NEB) hearing starting Jan. 15 in Calgary, where Chevron Canada will argue its Burnaby refinery should get priority access to oil flowing through the pipeline in order to keep operating.

And another deadline is looming Oct. 15 for potential intervenors in a separate NEB hearing starting Feb. 13 into the rates Kinder Morgan would charge its pipeline customers.

Environment Minister Terry Lake said in July the province would consider taking part in the early regulatory hearings.

It’s been suggested B.C. could argue at the commercial rates hearing for the imposition of a per-barrel levy on oil flowing through the pipeline to help fund an improved spill prevention and response system.

But a ministry spokesperson said Tuesday no decision has been made on whether to apply as an intervenor in the February hearing.

“We are reviewing the application now to determine how it might affect B.C.’s interest,” he said.

Officials note Kinder Morgan’s formal project application to twin the pipeline is not expected until 2014, launching an environmental assessment and a third round of NEB hearings that will be the main arena for project scrutiny.

The $4-billion expansion would more than double Trans Mountain’s capacity to 750,000 barrels per day and bring 300 tankers per year to Burrard Inlet to take on oil for export, with more of it expected to be diluted bitumen from Alberta’s oil sands

Even if B.C. keeps quiet for now, others intend to pipe up at the first two hearings.

NDP MP Kennedy Stewart (Burnaby-Douglas) and Burnaby Mayor Derek Corrigan have been named intervenors at the Chevron hearing.

Stewart said he’s backing Chevron’s application, adding the loss of B.C.’s only major refinery could drive up local gas prices.

“It does supply a third of the gasoline for the Lower Mainland and about 400 jobs,” he said.

He added he also wants to press Chevron on whether the firm will improve environmental standards at the Burnaby refinery.

Chevron has resorted to shipping some oil from Alberta by rail to Langley and then by truck to Burnaby because of its inability to get enough crude via the oversubscribed pipeline.

Kinder Morgan has indicated it will not oppose Chevron, but at least one U.S. oil firm with a refinery in Washington State is expected to argue against priority for the B.C. refinery, on grounds that would violate free trade agreements.

Stewart is also seeking standing at the rates hearing and argues the province should be there too.

“Because they’re talking about the prices they would charge per barrel of oil coming down the pipeline this is a perfect opportunity to discuss what other moneys might be charged,” Stewart said.

“The premier has said no pipeline without more benefits. Well, this is exactly the place they could talk about this issue with the Kinder Morgan pipeline.

The provincial government has been criticized for not seeking a formal role much earlier at the NEB hearings underway into Enbridge’s proposed Northern Gateway pipeline to Kitimat.

A government spokesperson said the province has notified Kinder Morgan it is subject to the same requirements B.C. has laid down in response to Enbridge’s plans.

National Energy Board Tolling Hearings

Sheila Muxlow

8:57 PM

Hi folks –

I wanted to ensure that you all had this information about the National Energy Board Tolling Hearings that Lynn Perrin has been keeping up with.

Lynn has been doing an excellent job in keeping up with these hearings, and wanted to invite everyone to take some time to submit a comment to the NEB with any concerns you have about the proposal by Kinder Morgan to build a new pipeline and increase their exports of tar sands diluted bitumen.

Please see the info below and attached – and feel free to be in touch with Lynn if you would like to get more involved in this process.

~sheila

Should Pipe Up Network request NEB Public Information Session(s)?

http://www.neb-one.gc.ca/clf-nsi/rthnb/pblcprtcptn/pblchrng/pblchrngpmphlt-eng.html#s2

Sometimes NEB staff members will go out to communities that may be impacted by the proposed project to conduct a public information session. These informal meetings are held before the start of an oral hearing and they provide people with information on how to participate during the hearing as well as information on the hearing process. Information sessions are not the time for people to voice their opinion on a project; rather it is a chance to get information on the NEB hearing process.

Dates and locations for these information sessions may be announced through news releases, newspaper and possibly radio ads, community posters or on the NEB’s website.
Participating in a Public Hearing
How can I participate in a hearing?

Depending on the process chosen by the NEB for a project’s assessment, there are typically three ways that individuals or groups may participate in a hearing:

write a letter of comment;
make an oral statement; or
become an intervenor.

The Board will set out the available options for participation in the Hearing Order.
Letters of Comment

If you want to share your views on a project but not formally participate in a hearing, you can do so by submitting a letter of comment to the Secretary of the NEB. You must also send a copy of this letter to the applicant. A letter of comment should include your view on the project and also include information to support that view. Letters of comment will be accepted up to the deadline noted in the Hearing Order.

Letters of comment will be taken into consideration during the hearing process. They will not be considered sworn evidence and are not subject to questioning. As a result, letters of comment may not be given the same weight as sworn evidence in a hearing, although the weight of the letters depends on a number of factors, including the content.

All letters of comment become public documents once they have been submitted. They will be available on the NEB website and copies are sent to all parties participating in the hearing.
Oral Statements

Another potential option for participation is to make an oral statement at the hearing. People making oral statements are not considered to be intervenors. To make an oral statement you must register with the NEB. The registration process is very simple – state your interest in the project and the reason you wish to make an oral statement. The form is available on the NEB website or you can call 1-800-899-1265 to have a copy sent to you.
Intervenor

An intervenor is someone who has an interest in a proposed project and would like to formally participate in the hearing. Being an intervenor requires a commitment to the hearing process and a commitment of your time. There also may be some costs associated with being an intervenor, such as preparing your evidence, making copies and sending documents to other parties.

The NEB has a Participant Funding Program to support public participation in oral facility hearings that are held under the National Energy Board Act. Eligible recipients include individuals, Aboriginal groups, landowners, incorporated non-industry not-for-profit organizations, or other interest groups who seek to intervene in the public review process for projects in which they have a meaningful interest.

All approved recipients must register for intervenor status in the oral public hearing and sign a Standard Contribution Agreement before funding will be released.

Intervenors may present evidence, question other witnesses and give final arguments during the written and oral portions of the hearing. Intervenors can also be questioned on any evidence they present.

Intervenors can be:

landowners;
area residents;
government agencies;
Aboriginal groups;
companies; or
any other individual or group.

To become an intervenor, you must apply to the NEB within the time frame set in the Hearing Order. The NEB will decide if your interest in the proposed project is enough for your participation in the hearing as an intervenor. If there are a number of people with similar interests in the project, you may want to consider applying as a group and having only one or two representatives speaking for that group.

Should Pipe Up be formally involved in any of the 3 NEB procedures?

Specific Information re Kinder Morgan Trans Mountain Part IV

https://www.neb-one.gc.ca/ll-eng/livelink.exe/fetch/2000/90465/92835/552980/828580/865706/865702/A3A4F7_-_Hearing_Order_RH-001-2012_-_Trans_Mountain_Part_IV_Application.pdf?nodeid=865703&vernum=0&redirect=3

Oral Public Hearing

The Board has decided to undertake an oral public hearing process, with the oral portion of the

hearing to take place in the Board’s Hearing Room, 2nd Floor, 444 – 7th Avenue SW, Calgary,

Alberta, commencing on 13 February 2013. The Hearing Order setting out the procedures to be

followed in this hearing may be found on the Board’s website at the link set out above.

Information for Intervenors

Any person wishing to apply for Intervenor status in the hearing must file an application to

intervene by noon, Calgary time, on 15 October 2012 with the Secretary of the Board and serve

a copy on Trans Mountain and its counsel at the following addresses:

Mr. D. Scott Stoness

Vice President, Finance & Regulatory Affairs

Kinder Morgan Canada Inc.

(for Trans Mountain Pipeline ULC)

Suite 2700, 300 – 5th Avenue SW

Calgary, AB T2P 5J2

Facsimile: 403-514-6622

Mr. Gordon M. Nettleton

Legal Counsel

Osler, Hoskin & Harcourt LLP

Suite 2500, 450 1st Street SW

Calgary, AB T2P 5H1

Facsimile: 403-260-7024

Anyone considering an application for Intervenor status should consult the relevant paragraphs

of the Hearing Order prior to submitting an Application for Intervenor Status. There is an on-line

application to intervene form available on the Board’s Internet site at www.neb-one.gc.ca. Under

Regulatory Documents, go to Submit, then Submit Documents Electronically, then Application

for Intervenor Status. If using this form, supplement it as required by the Hearing Order.

Alternatively, persons may file Letters of Comment by noon, Calgary time, on 25 October 2012.

Process Advisor

The Board has assigned Ms. Reny Chakkalakal as the Process Advisor for this Application. If

you are thinking about participating in the Board’s hearing process for this Application, Reny

can provide you with assistance. Please contact Reny toll free at 1-800-899-1265 or via email at

reny.chakkalakal@neb-one.gc.ca.

Information on Hearing Procedures

In addition to the information you will find in the Hearing Order on the Board’s website, you

may obtain information on the procedures for this hearing in the National Energy Board Rules of

Practice and Procedure, 1995, as amended, which governs all hearings (available in English and

French). To obtain a paper copy, write to the Secretary of the Board, or contact Sharon Wong,

Regulatory Officer at 403-299-3191 or Danielle Comte, Regulatory Officer at 403-299-2731 or

at 1-800-899-1265. You may also go to the Board’s website under Acts and Regulations.