Section 44 of the OPR states:
(1) If a company proposes to deactivate the pipeline or a section of it for 12 months or more or has maintained the pipeline or a section of it in a deactivated mode for 12 months or more or has not operated the pipeline or a section of it for 12 months or more, the company shall submit an application for the deactivation to the Board.
(2) The application shall include the rationale for the deactivation and the measures to be employed or that were employed for the deactivation.
The application explains the need for the proposed deactivation, includes a description of the proposed activities, and identifies all potential impacts.
1. Describe the rationale for the deactivation and the measures to be or were employed for the deactivation.
2. Provide a schedule for the deactivations.
3. Describe the activities associated with the deactivations.
4. Provide an estimate of the costs associated with the deactivation.
5. Confirm project activities will follow the requirements of the latest version of CSA Z662.
1. How the effects have already been considered in an ESA by the NEB.
2. If the environmental and socioeconomic effects have not been addressed, provide requirements in Guide A, section A.2.
1. Necessary economic information in Guide A, section A.3.
Deactivation is defined in section 1 of the OPR as meaning "to remove temporarily from service".
The definition of "pipeline" in the NEB Act applies to the OPR and therefore, this section applies to portions of the pipeline other than line pipe that are not being maintained for peak flow, standby (ready for immediate use) or emergency use.
In practice, it is accepted that portions of pipeline, though maintained in a deactivated state:
Deactivation may impose a higher level of risk to the integrity of the pipeline depending on the measures specified for the maintenance of the deactivated pipe.
Deactivation of pipelines may impact shippers and upstream and downstream users of the pipeline. Companies proposing deactivations could consider using a consultative approach with stakeholders similar to that which is used for applications made pursuant to section 58 of the NEB Act (see Guide A).
Approvals of applications for deactivation may be subject to conditions and will normally include a requirement for periodic status reporting.
Notification should address all issues arising from the deactivation that relate to the protection of property and the environment as well as the safety of persons.
If deactivation results in a suspension of service, an application pursuant to either section 71 or 72 of the NEB Act may also be required.
Any application for a reactivation must meet the minimum requirements as set out in CSA Z662.
To address the environmental and socio-economic effects of a deactivation that have not been previously assessed, applicants are referred to Guide A, Section A.2. Applicants should carefully review the sections discussing the scoping of the ESA and the level of detail required. Appropriate scoping of the ESA ensures the ESA will focus on relevant issues and concerns, and assists in determining the appropriate level of effort to be used to prepare the ESA.
Next Steps... File the completed application. Applicants are encouraged to include the completed relevant checklists from Appendix I. |