National Energy Board Tolling Hearings

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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.


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

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.

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:

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

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 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

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.