Call on PM Justin Trudeau and Natural Resources Minister Jim Carr to defend our communities and stop the Kinder Morgan pipeline

The Harper-appointed National Energy Board just approved the Kinder Morgan TransMountain Pipeline despite widespread opposition from the communities it threatens.

We can still stop this pipeline. Prime Minister Trudeau added a step to the review process, promising to listen to communities and look at the climate impacts of this project.

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National Energy Board Report Trans Mountain Expansion Project May 2016

Canadian public interest The National Energy Board (NEB or Board) finds that the Trans Mountain Expansion Project (Project) is in Canada’s public interest, and recommends the Governor in Council (GIC) approve the Project and direct the Board to issue the necessary Certificate of Public Convenience and Necessity (CPCN) and amended CPCNs. Should the GIC approve the Project, the associated regulatory instruments (Instruments) issued by the Board would come into effect.

 

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When Council and residents of Burnaby prevent Kinder Morgan’s pipeline, is there another location being considered?

An article printed in the Delta Optimist on February 24 2016 revealed a plan lurking in the shadows for the Kinder Morgan Trans Mountain pipeline.

The article points out that Delta Council endorsed Burnaby’s request to the federal government to suspend the National Energy Board’s review of the Kinder Morgan’s proposed Trans Mountain pipeline expansion. Then it goes on to suggest Delta could be a fallback location.

Here is what Delta South MLA Vicki Huntington told the Optimist,

“I have no doubt the powers that be are reviewing the possibility of a pipeline to Deltaport. And the way that the minister of environment provincially has supported every major new development along the Fraser – from jet fuel to coal to natural gas – I have no doubt they will at least be sympathetic to such a proposal,” she said.

http://www.delta-optimist.com/news/delta-voices-concerns-over-pipeline-impacts-1.2182879#sthash.C9lMpFpV.dpuf

 

 

Burnaby Residents Opposing Kinder Morgan Expansion

BROKE is a group of local residents whose mission is:
• To prevent the expansion of the Kinder Morgan Pipeline, and related infrastructure in Burnaby, and related supertanker traffic, through education, advocacy and partnership;
• To oppose the degradation of our city, our neighbourhoods, and the natural habitat, that an oil pipeline and related industrialization of Burrard Inlet would bring;
• To raise awareness of Burnaby residents about how the proposed Kinder Morgan pipeline expansion and increased tanker traffic would impact our community and local environment;
• To promote a clean and sustainable energy future.

Pipeline too close to home for co-op

Lil Cameron had the feeling something was up when she saw surveyors out on Government Street on Wednesday.

That was followed on Thursday morning in the same area by a crew using unmarked vehicles. They were spray painting orange blotches every few feet on the ivy covering the concrete retaining wall that borders the Halston Hills Housing Co-operative where she lives.

Cameron approached City of Burnaby workers who were working on a fire hydrant nearby and asked what was going on at the wall. “They said, ‘It’s not us, it’s Kinder Morgan.’ “

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Kinder Morgan defends spill plan secrecy

Kinder Morgan Canada will provide details of its emergency response plans directly to governments and first responders, but on the condition the information be kept private, said company president Ian Anderson.

The National Energy Board (NEB) ruled that the company is not required to make the emergency plan for its Trans Mountain pipeline public as part of the review process for its expansion proposal.

The company has been roundly criticized by opponents of the project, including the City of Burnaby, for not releasing the plans already.

Anderson said in a conference call with media recently that the information will be provided outside the NEB process to those parties needing it. Those parties will also be consulted in the process to update the plan to reflect an expanded system.

“Clearly, our interest would be in dealing with municipalities and first responders to provide them the information they need in order to undertake their due diligence and their response capabilities as necessary,” Anderson said.

“And therefore they would have be, one, an affected community by our operations, two, they would have to agree to keep those plans private within their city or municipality and not post them publicly for the same reasons that we’re not posting those details publicly.”

Anderson was speaking in a conference call to announce the company has filed responses to the latest round of information requests from intervenors, 5,600 in all.

“This round, the requests that we got, we believe were more relevant than the first round and we made a lot of effort to provide complete responses to intervenors as appropriate,” he said. “Having said that, there will be some information requests that were not within the scope of the hearing and we have said as much in our responses.”

The latest round of questions brings the total of questions asked to over 16,000. If necessary, intervenors have an opportunity to appeal to the NEB to request that the company be more responsive to their inquiries, Anderson noted.

“I think what parties will find is that the responses this round are very full and very complete.”

Anderson noted that Kinder Morgan’s emergency response plans for Washington state were released publicly by that state’s department of ecology.

“That has caused a bit of confusion,” he said.

“I think I want to reinforce we in no way want to have this perceived lack of transparency around our emergency response plans as any indication of us wanting to hide anything or keep anything a secret.”

There are “very real security concerns” in making the plans public, particularly the locations of critical valves and access points.

The broader issue is a need for industry and the regulator in Canada to define “who should get what how and when and for what purpose?” Anderson explained.

Due to security issues in the U.S., the protocol around how such plans are released is already well established unlike in Canada, he said.

“Those bridges have been crossed down there more so than up here and we’re committed to ensuring it happens here as well.”

Kinder Morgan will lead an industry effort to ensure a similar protocol is set up on this side of the border “so the public can be comforted that there’s no secrets, that nothing’s being hidden but that security of the infrastructure and the public can still be maintained.”

Burnaby-Lougheed NDP MLA Jane Shin, through whose riding the pipeline runs, doesn’t see the public having much comfort so far in the NEB process itself.

The B.C. New Democrats are calling on the province to undertake its own review process in addition to the federal one underway. The pipeline “does go through our parks, our schools and our residences … I think the province has a real right to say what makes sense for us.”

Shin agrees that there are security concerns about the release of all aspects of the emergency plan, but believes those are not details the public is necessarily seeking.

Instead, it’s “the reassurance and the social licence that the plan is acceptable and is done on sound evidence and it does protect the safety and the interests of our public,” Shin said.

Kinder Morgan is proposing to almost triple capacity of the pipeline between Edmonton and Burnaby to allow for increased exports of oil sands crude to overseas markets.

On May 26, intervenors are scheduled to begin proving evidence and answer questions posed by the company. Oral arguments are scheduled for September and October. The NEB is expected to provide its recommendation to the federal government, which then will make a final decision within three months.

If the project is approved, Anderson said, construction would start in the summer of 2016 and the pipeline would be in service by September 2018.

wchow@burnabynewsleader.com

Kinder Morgan leaves half of Vancouver, Burnaby’s pipeline questions unanswered

Cities’ mayors call on National Energy Board to force pipeline company to address issues

Kinder Morgan has failed to answer almost half of the questions posed by the cities of Vancouver and Burnaby on the company’s proposed Trans Mountain pipeline expansion into B.C.
In a statement issued Friday, the City of Vancouver states that Kinder Morgan has failed to answer 291 of nearly 600 questions submitted by them through the National Energy Board (NEB), and 315 of the 688 questions submitted by Burnaby.

The more than 1200 questions submitted by the two municipalities covered a broad range of issues connected to Kinder Morgan’s 15,000-page proposal, including those covering job creation levels, climate change and emergency response plans.

“Because the city has very significant questions that focus on the hundreds of ways in which Kinder Morgan’s proposed pipeline and tank farm would threaten our city and region’s safety, security and livability, we again asked Kinder Morgan to provide answers,” Burnaby mayor Derek Corrigan said in the statement.

“Unfortunately – but not surprisingly – Kinder Morgan has again failed to show respect for our citizens’ questions by refusing to answer almost half.”

Redacted safety plan

Vancouver and Burnaby say they will continue to call on the NEB to force Kinder Morgan to address these outstanding issues.

Just last week, Kinder Morgan defended its decision to only provide a heavily redacted version of its emergency spill response plan.

The company is seeking approval from the NEB to nearly triple the capacity of the existing pipeline. The $5.4 billion project would twin the existing pipeline that runs from Edmonton to Burnaby, B.C.

The National Energy Board (NEB) ruled in favour of Kinder Morgan’s redacted plan in January.

“In this instance, the board is satisfied that sufficient information has been filed from the existing EMP [Emergency Management Plan] documents to meet the board’s requirements at this stage in the process,” the decision read.

At that time, Premier Christy Clark said Kinder Morgan hadn’t met the five conditions set out by the province, and until that happened, it wouldn’t be going ahead with the project.

SLAPP Suit Resources (Strategic Lawsuits Against Public Participation)

In November 2014, hundreds protested daily for weeks on Burnaby Mountain against the Kinder Morgan (KM) pipeline expansion, and over 100 were arrested. KM launched lawsuits against five individuals and Burnaby Residents Opposing Kinder Morgan Expansion (BROKE) claiming huge damages.

Below are a number of links to informative articles and other documents about that case and about SLAPP suits in general.

 

Financial Clout v. Right to Speak Out

Kinder Morgan v. Freedom of Speech

BC Pipeline-Protest Case Shows How Lawsuits Threaten Democratic Voices

How should we slap back at SLAPPs?

Lessons from a fish farm defamation lawsuit

Kim Benson

The West Coast Environmental Law SLAPP Handbook

Canadian Internet Policy and Public Interest Clinic

Strategic lawsuit against public participation

Strategic Lawsuits Against Public Participation: The British Columbia Experience

Washington State can view spill-response plans for pipeline that B.C. cannot

Washington State has documents outlining emergency response plans for a Kinder Morgan pipeline –plans similar to those British Columbians have been told by Canada’’s National Energy Board they’’re not allowed to see due to security concerns.

The B.C. government lost a battle with the National Energy Board in January to have greater access to Kinder Morgan’s Trans Mountain Pipeline emergency response plan (ERP). Kinder Morgan had already provided B.C. with a version of the plan, but significant portions were blacked out.

The denied information included specific response times, valve locations, and evacuation zone maps. The government had argued it needed the entire plan to be able to understand Kinder Morgan’’s ability to respond to an oil spill. The proposed $6.5-billion Trans Mountain expansion would twin the pipeline and triple the capacity for Alberta oil intended for Asian markets.

But in Washington State–where the pipeline would cross through to Puget Sound–Kinder Morgan has provided a more comprehensive response plan.

NDP environment critic Spencer Chandra Herbert wants to know why a similarly detailed plan isn’’t available for B.C. residents.

““We need to be able to get at least the information they are providing in Washington State,”” he said.

The U.S. plan includes information on response timelines, the availability of emergency equipment near specific pipeline sections, and a list of companies that could help out after an oil spill.

In one example, a company called BakerCorp is identified as being able to deliver “”21,000 gallon tanks to a spill site within 12 hours,”” and having enough pumps and hose to remove 6,300 gallons of oil per minute.

Yet in B.C., the energy board rejected B.C.’s demand for a complete response plan, citing sensitive information that could cause ““security concerns.””

A link to the Washington State ERP was available online recently at DeSmog Canada, but has since been deactivated by state officials.

The emergency plans were only to be online between Jan. 9 and Feb. 9 during a public consultation, said Scott Zimmerman from the Washington State Department of Ecology, but they were accidentally left up until Feb.18.

The U.S. plan details further information about “”unique”” sections of the pipeline. These include the location of shutoff valves, areas where the pipeline crosses water, peak volumes, and the thickness of pipeline walls.

In the event of an emergency, 48-hour timelines are also presented for each section of the pipeline, with descriptions of the type of equipment and number of people needed–as well as how much oil could be recovered immediately after a spill.

On the Samish River – a location identified as “”Zone 3,”” about 40 kilometres south of Bellingham-Kinder Morgan, estimated it could have 18 people and 600 metres of containment boom available within two hours of a spill.

A spokesman with the B.C. Mines Ministry did not respond directly when asked for an opinion on the plan’’s availability in Washington State.

But the B.C. government has been aware since last year that a version of the plan was available to the Americans. B.C. argued in its motion to the NEB asking for the public release of the information that keeping it secret in B.C. is ““inexplicable.””

It “”calls into serious question the legitimacy of Trans Mountain’s claim,”” reads the B.C. government motion.

In the same motion, the province said history showed the possibility of a spill from Trans Mountain facilities.

“”The potential for devastating effects on the environment, human health, and local economies is irrefutable,”” it said.

In 2007, a spill released about 1,500 barrels of oil in a Burnaby neighbourhood, with 440 barrels flowing into the Burrard Inlet.