Memorandum of Understanding between the Bureau of Safety and Environmental Enforcement of the Department of the Interior of the United States and the National Energy Board

Memorandum of Understanding between the Bureau of Safety and Environmental Enforcement of the Department of the Interior of the United States and the National Energy Board [PDF 1576 KB]

MEMORANDUM OF UNDERSTANDING
REGARDING COOPERATION BETWEEN

THE BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT OF THE
DEPARTMENT OF THE INTERIOR OF THE UNITED STATES OF AMERICA

AND THE NATIONAL ENERGY BOARD OF CANADA

The Bureau of Safety and Environmental Enforcement of the Department of the Interior of the United States of America and the National Energy Board of Canada (herein referred to as the “Participants”),

Desiring to cooperate and to share information on regulatory approaches, processes, best practices and other related matters, and to seek additional opportunities for cooperation,

Have agreed to the following in this Memorandum of Understanding (“MOU”):

1. COOPERATIVE ACTIVITIES

  1. The Participants should endeavor to cooperate through ongoing and open information exchanges on:
    • The respective regulatory requirements, oversight approaches, and processes, as well as related guidelines and best practices of the Participants;
    • Specific energy projects;
    • Developments in the energy markets of the Participants;
    • Government energy policy.
  2. The Participants understand that their cooperative activities may include meetings, exchanges of information and staff, emergency management planning and exercises, joint training initiatives, and other activities that are of mutual interest and benefit.
  3. The Participants may, at any time, create an activity-specific arrangement detailing specific objectives and the roles of the Participants with respect to a particular project.

2. EXPECTED BENEFITS OF COOPERATION

The Participants expect the following benefits from their cooperation:

  1. Regular exchanges of information on regulatory and oversight approaches that assist in the promotion of best practices in the Participants’ regulatory processes;
  2. Regular exchanges of information on developments in the national energy markets of the Participant countries;
  3. Timely exchange of information on developing trends that may impact the regulatory responsibilities of the Participants.

3. FREQUENCY OF INFORMATION EXCHANGES

  1. The Participants may jointly schedule meetings, alternating between the United States and Canada. The Participants may jointly decide to postpone or cancel any meeting. Either Participant may postpone or cancel a meeting but should endeavor to give advance notice to the other Participant.
  2. The Participants intend to maintain regular contact throughout the year by telephone and email. The Participants intend to encourage their respective staffs informally exchange information within their specific areas of responsibility on an ongoing basis.

4. REPORTS, DOCUMENTS, AND RELEASE OF INFORMATION

  1. The Participants plan to exchange information on topics in their respective areas of responsibility that is in the public domain in the United States or Canada.
  2. The Participants understand that any arrangement between them to preserve the confidentiality and privacy of information is subject to the applicable laws, rules and regulations of their respective countries.

5. COORDINATION AND REVIEW OF ACTIVITIES

  1. The Participants intend to jointly determine, in writing, the activities to be carried out under this MOU before their realization.
  2. The Participants intend to jointly review and coordinate the activities under this MOU.

6. STATUS

  1. Participants are to carry out activities under this MOU in accordance with the applicable laws of their respective countries. This MOU does not impose, nor is it intended to impose, any legal commitments on the Participants.
  2. Each Participant is to pay for its own costs subject to the availability of its funds and resources.

7. COMMENCEMENT AND DISCONTINUATION

  1. This MOU is intended to commence upon signature of both Participants and to remain valid for 5 years.
  2. The Participants may renew this MOU every 5 years.
  3. The Participants may modify this MOU as determined jointly by the Participants in writing at any time.
  4. This MOU may be discontinued at any time by either Participant. A Participant should endeavor to provide advance written notice of its intent to discontinue the MOU.

Signed in duplicate at _________________ on the _____ day of _____________2013 in the English and French languages.

FOR THE NATIONAL ENERGY  BOARD OF CANADA
FOR THE BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT OF THE DEPARTMENT OF THE INTERIOR OF THE UNITED STATES OF AMERICA
Name: Gaétan Caron
Designation: Chair/CEO
Name: James A. Watson
Designation: Director
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