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Regulatory Agenda - July, August and September 2008

30 September 2008

The NEB is an active, effective and knowledgeable partner
in the responsible development of Canada's energy sector
for the benefit of Canadians.

This issue of the Regulatory Agenda covers the period from 1 July to 30 September 2008.

ISSN 1494-7153

Instructions for Filing

Correspondence

All correspondence should be addressed to:

Secretary
National Energy Board
444 Seventh Avenue SW
Calgary, Alberta T2P 0X8
Fax: 403-292-5503
Fax (toll free): 1-877-288-8803

Applications and other filings, number of copies to be filed

You may submit your application and other filings to the Board in one of three ways:

  1. Electronically: From the National Energy Board Web site, click on View or Submit a Regulatory Document, scroll down to the option entitled Submit documents electronically. One (1) copy of your signed original document(s) and a printed copy of your efiled receipt must also be mailed (see address above); or
  2. Fax one (1) copy of your signed documents (see number above); or
  3. Mail one (1) copy of your signed documents (see address above). In the case of an application, twenty-five (25) copies of your signed documents must also be mailed.

Additional information on filings

Filings and types of documents that can be filed electronically and creating PDF documents: see Filer’s Guide to Electronic Submission [PDF 529 KB].

Applying electronically to participate in a hearing using on-line forms: see Submit documents electronically.

Templates providing alternative ways to file your documents and assistance with the provision of multiple copies due to undue financial burden: see Alternative Ways to File Your Documents.

Communication Numbers

General Information:

Telephones: 403-292-4800
Toll Free 1-800-899-1265

Faxes: 403-292-5503
Toll Free 1-877-288-8803
Publications Office:

Telephone: 403-299-3562
Fax: 403-292-5576
Email: publications@neb-one.gc.ca
Web Site: www.neb-one.gc.ca
For information: Carole Léger-Kubeczek (carole.leger-kubeczek@neb-one.gc.ca)
Communications Officer
Telephone: 403-299-2717
Telephone (toll free): 1-800-899-1265

Preface

The purpose of this agenda is to provide information on the Board's activities. Except where otherwise noted, jurisdiction over the items in the agenda is exercised pursuant to the National Energy Board Act, R.S.C. 1985, c. N-7, as amended.

"We promote Safety and Security, Environmental Protection
and Efficient Energy Infrastructure and Markets"

NEB Moves Forward

NEB presents Canada's summer energy outlook

One of mandates of the National Energy Board (NEB) is to been provide Canadians with objective, accurate and timely information about the country's energy system. A new series entitled Energy Briefing Notes has been introduced as an initiative to continually improve the usefulness and accessibility of energy-related information.

The series will look at a range of issues affecting Canadians, from energy demand to the demands of producing new sources of energy. These publications will be shorter than our traditional Energy Market Assessments and will not feature Board views or recommendations.

Energy Briefing Notes

August 2008
Coal-Fired Power Generation - Released in August, this publication describes the current status of coal-fired generation in Canada, and the factors influencing its outlook.

September 2008
Natural Gas Supply Costs in Western Canada in 2007 - This publication provides a review of expected prices, cost escalation, economically efficient drilling capacity and capital requirements, with a focus on western Canada. 

Natural Gas Supply Costs - This review of expected prices, cost escalation, economically efficient drilling capacity and capital requirements.

Energy Demand: Global and Canadian Context - This briefing note describes the global and national context of energy demand issues.

N.B. For a complete listing of all the publications scheduled to be released during the coming months, please visit the NEB Web site and select "Energy Reports".

Public Hearing Applications

Hearing Decisions Issued

1. Emera Brunswick Pipeline Company Ltd. (EBPC) - Brunswick Pipeline Project / Detailed Route / Galbraith Hearing - MH-1-2008 (File OF-Fac-Gas-E236-2006-01 04)

Objections to the second detailed route proposal submitted by EBPC were considered during a hearing held in Saint John, New Brunswick, on 9 July 2008.

The Reasons for Decision were issued on 1 August 2008.

2. TransCanada Keystone Pipeline GP Limited (Keystone) - Keystone Cushing Expansion Application - OH-1-2008 (Files OF-Fac-Oil-T241-2007-01 01 and OF-Fac-Oil-T241-2006-01 02)

The Reasons for Decision were issued on 17 July 2008.

3. Repsol Energy Canada Ltd. (Repsol) - Long-term licence to import liquefied natural gas and Long-term licence to export natural gasl - GH-1-2008 (File OF-EI-Gas-GL-R153 01)

Late in December 2007, Repsol submitted an application for a 25-year licence to import liquefied natural gas (LNG) and a separate 25-year licence to export natural gas. In its application, Repsol has stated that the LNG would supply the Canaport™ LNG Terminal, which is currently under construction at Mispec Point, near Saint John, New Brunswick. Once regasified, the natural gas would serve the domestic Canadian market and, pending approval, would also be available for export using the Emera Brunswick Pipeline to markets in the United States.

The Reasons for Decision were issued on 4 September 2008.

Hearings in Progress

1. Imperial Oil Resources Ventures Limited (Imperial), Mackenzie Valley Aboriginal Pipeline Limited Partnership, ConocoPhillips (North) Limited, Shell Canada Limited and ExxonMobil Canada Properties - Proposed Mackenzie Gas Project - GH-1-2004 (Files 3200-J205-1, 2520-C-19-4, 2620-C-19-7, 2620-C-12-7 and 2620-C-20-7)

On 8 October 2004, the Board received applications for approval to construct and operate a natural gas pipeline and related facilities through the Mackenzie Valley in Canada's Northwest Territories to an interconnect point just south of the NWT/Alberta border. The 762 millimetre (30-inch) natural gas transmission pipeline would transport 34 million cubic metres (1.2 billion cubic feet) per day of natural gas from the Arctic to the south. The capital cost is estimated at over $16.2 billion.

2. Emera Brunswick Pipeline Company Ltd. (EBPC) - Brunswick Pipeline Project / Wet Crossing Application - GH-4-2008 (File OF-Fac-Gas-E236-2007-01 01)

EBPC filed its application for a wet crossing of the Saint John River in December 2007 as a contingency measure, should the planned horizontal directional drilling program prove to be technically unfeasible. This new project consists of the construction, operation and maintenance of a concrete-coated 762-millimetre pipeline to be installed in a 650-metre long trench measuring approximately 100 metres in width.

In a letter [Filing A19579] issued on 20 August 2008, the NEB announced the decision to postpone its public hearing from the previously scheduled date of 9 September 2008 to 9 December 2008. This postponement will allow the applicant, Brunswick Pipeline Company Ltd, enough time to determine whether or not it will be successful in completing the horizontal directional drill (HDD) work, which is already underway. The final outcome of the HDD work will determine the need to proceed with the Wet Crossing hearing.

3. SemCAMS Redwillow ULC (SemCAMS) - Redwillow Pipeline Project - GH-2-2008 (File OF-Fac-Gas-S393-2007-01 04)

SemCAMS is proposing to construct and operate a 149.7 kilometre, 323.9 millimeter pipeline to gather 30 per cent dehydrated sour gas from the Grizzly Valley area southwest of Tumbler Ridge, B.C. into existing Alberta regulated gathering and processing facilities. The application was filed on 7 December 2007.

The oral public hearing is scheduled to start on Tuesday, 28 October 2008, at the Best Western Inn Dawson Creek, Dawson Creek, British Columbia.

4. Trans Québec & Maritimes Pipeline Inc. (TQM) - 2007 and 2008 Cost of Capital Application - RH-1-2008 (File OF-Tolls-Group1-T201-2007-03 01)

The application includes a request for the NEB to review its RH-2-94 Cost of Capital Decision released in March 1995, only as it applies to TQM. The NEB is also asked to issue an order approving an overall fair return on capital resulting from an ROE of 11.0 per cent applied to a deemed 40 per cent equity component of the company's capital structure. The calculation would also include TQM's actual cost of debt.

The oral public is scheduled to start on 23 September 2008 at Hotel Le Windsor in Montreal, Quebec.

5. Westcoast Energy Inc., carrying on business as Spectra Energy Transmission (Westcoast) - South Peace Pipeline Project - GH-3-2008 (File OF-Fac-Gas-W102-2008-03 01)

Westcoast is requesting permission to construct and operate the South Peace Pipeline Project, which is estimated to have a value of approximately $95-million. The proposed Project consists of an 89.5 km extension to Westcoast's existing raw gas gathering system near Fort St. John, British Columbia. The new pipeline would carry gas from the "South Peace Area" south of Fort St. John and the Peace River area, and would connect to Westcoast's existing McMahon processing plant, in Taylor, British Columbia.

The public oral hearing is scheduled to start on 26 August 2008 in Dawson Creek, B.C., at the Best Western Hotel & Suites.

6. Trans Mountain Pipeline Inc. (TMI) - Proposed Tariff No. 74, Capacity Allocation Procedures on TMX Anchor Loop - RH-4-2008 (File OF-Tolls-Group1-T246-2008-02 0)

TMI is asking the NEB to approve the proposed Tariff No. 74, with the intent to modify the capacity allocation procedures on its oil pipeline system as a result of the TMX Anchor Loop Expansion Project.

New Facility Application

1. TransCanada PipeLines Ltd. (TransCanada) - TransCanada Alberta System Application - GH-5-2008 (File OF-Fac-Gas-T211-2008-01 01)

The NEB is being asked to declare the TransCanada Alberta System as being under federal jurisdiction and to issue a Certificate of Public Convenience and Necessity to that effect.

The oral part of the hearing is scheduled to start on 18 November 2008 at a location yet to be determined.

Past Hearing Decisions - 2008

1. Emera Brunswick Pipeline Company Ltd. (EBPC) - Brunswick Pipeline Project / Detailed Route Hearing - MH-3-2007 (File PA-MNP 2006-001)

A compilation of the Reasons for Decision were issued on 13 May 2008.

2. Enbridge Pipelines Inc. (Enbridge) - Line 4 Expansion Project - OH-5-2007 (File OF-Fac-Oil-E101-2007-02 02)

The Reasons for Decision were issued on 15 April 2008.

3. Enbridge Pipelines Inc. (Enbridge) - Alberta Clipper Project - OH-4-2007 (File OF-Fac-Oil-E101-2006-04 01)

The Reasons for Decision were issued on 22 February 2008.

4. Enbridge Southern Lights GP Inc., on behalf of Engridge Southern Lights LP, and Engridge Pipelines Inc. (EPI) - Applications for Line 13 Transfer, Line 13 Reversal and Capacity Replacement for the Southern Lights Project - OH-3-2007 (File OF-Fac-Oil-E242-2007-01 01)

The Reasons for Decision were issued on 19 February 2008.

Electricity Matters

Permits Completed

1. Saracen Energy Partners, LP (SEP), Saracen LLC as GP on behalf of - Electricity Export Permit Application (File OF-EI-Elec-S396 01)

2. New Brunswick System Operator (NBSO) - Electricity Export Permit Application (File OF-EI-Elec-N303 01)

3. Royal Bank of Canada (RBC) - Electricity Export Permit Application (File OF-EI-Elec-R154 01)

Permits Pending

4. Powerex Corp. (Powerex) - Electricity Export Permit Application (File OF-EI-Elec-P340 01)

5. Nova Scotia Power Inc. (NSPI) - Electricity Export Permit Application (File OF-EI-Elec-N093 01)

6. FPL Energy Power Marketing Inc. (FPL) - Electricity Export Permit Application (File OF-EI-Elec-F142 01)

Gas Matters

Matters Completed

1. Emera Brunswick Pipeline Company Ltd. (EBPC) - Brunswick Pipeline Project / Requests for approval of portions of the Plan, Profile and Book of Reference (PPBoR) (File OF-Fac-Gas-e236-2006-01 03)

Galbraith Areas 1 and 2

Galbraith Area 3

2. ARC Resources Ltd.(ARC) / Saddle Hills Pipeline Loop (File OF-Fac-GAS-A083-2008-01 02)

3. EnCana Corporation (EnCana) / Deep Panuke Project - Requests for approval of portions of the Plan, Profile and Book of Reference (PPBoR) (File OF-Fac-Gas-e112-2005-02 03)

Matter Pending

No matter pending at this time.

Pipeline Matter

Matter completed

1. Enbridge Pipelines Inc. (Enbridge) - Approval of the Plans, Profile and Bood of Reference for certain portions of the Southern Lights Pipeline (File OF-Fac-Oil-E242-2007-01 01)

Matter Pending

No matter pending at this time.

Frontier Matters

Frontier Matters - Geological and Geophysical Activities

1. Frontier activities for July 2008

No new applications for geological, geophysical or geotechnical operation authorization were received in July under section 5(1)(b) of the Canada Oil and Gas Operations Act. Four (4) applications were approved pursuant to section 5(1)(b) of the Canada Oil and Gas Operations Act. Outstanding applications are being reviewed.

Company Area Program Identifier Date
TGS-NOPEC Geophysical Company Baffin Bay / Davis Strait / Labrador Sea 5552841 11 July 2008
Husky Oil Operations Limited Davis Strait / Greenland 5554046 16 July 2008
GX Technology Canada Ltd. Beaufort Sea 5553948 18 July 2008
Imperial Oil Resources Ventures Limited Beaufort Sea 5554117 25 July 2008

2. Frontier activities for August 2008

No new application for geological, geophysical or geotechnical operation authorization was received in August under section 5(1)(b) of the Canada Oil and Gas Operations Act. One (1) application was approved pursuant to section 5(1)(b) of the Canada Oil and Gas Operations Act. Outstanding applications are being reviewed.

Company Area Program Identifier Date
Geophysical Service Incorporated North Labrador Sea 5554116 8 August 2008

3. Frontier activities for September 2008

No new applications for a geological, geophysical or geotechnical operation authorization was received in September. Outstanding applications are being reviewed.

Frontier Matters - Drilling Activities

1. Frontier activities for July 2008

No new application was received in July under section 5(1)(b) of the Canada Oil and Gas Operations Act. One (1) application was approved.

  • Imperial Oil Resources NWT was given "Approval to Drill a Well" for the well IMP Norman Wells N-50-X pursuant to section 83 of the Canada Oil and Gas Drilling Regulations on 15 July 2008.

2. Frontier activities for August 2008

One (1) new application was received in August under section 5(1)(b) of the Canada Oil and Gas Operations Act. One (1) application was approved.

  • Imperial Oil Resources NWT was given "Approval to Drill a Well" for the well IMP Norman Wells N-13X pursuant to section 83 of the Canada Oil and Gas Drilling Regulations on 14 August 2008.

3. Frontier activities for September 2008

No new application was received in September under section 5(1)(b) of the Canada Oil and Gas Operations Act.

Frontier Matters (CPRA only)

Matters Completed

1. Husky Oil Operations Limited

On 19 August 2008, the Board made a Declaration of Significant Discovery, pursuant to the Canada Petroleum Resources Act Part III, Section 28 and the National Energy Board Act Part II.1, Subsection 28.2(4) for the Husky et al Summit Creek B-44 well in respect of those frontier lands comprising grid areas:

Latitude Longitude Sections
64o30' N 125o45' W 32, 33, 34,
42, 43, 44, 45,
52, 53, 54, 55, 56,
63, 64, 65, 66

Matters Pending

1. MGM Energy Corp.

On 29 July 2008, MGM filed an application for a Declaration of a Significant Discovery pursuant to section 28 of the Canada Petroleum Resources Act in respect to the Apache Paramount Lac Maunoir C-34 well and Exploration Licence EL399 for 8 sections.

2. Petro-Canada

On 19 August 2008, Petro-Canada filed an application for a Declaration of a Significant Discovery pursuant to section 28 of the Canada Petroleum Resources Act in respect to the PC Anderson Kurk M-15 well and Exploration Licence EL419 for 18 sections.

3. MGM Energy Corp.

On 16 September 2008, MGM filed an application for a Declaration of a Significant Discovery pursuant to section 28 of the Canada Petroleum Resources Act in respect to the MGM et al Langley E-07 well and Exploration Licence EL394 for 2 sections.

Traffic, Tolls and Tariffs Matter

Matter Completed

No matter completed at this time.

Matter Pending

No matter pending at this time.

Appeal

Appeal Pending

1. Flint Hill Resources - Application for Leave to Appeal - RH-1-2005

Flint Hill Resources applied to the Federal Court of Appeal for leave to appeal the Board's decision of 28 April 2005 in which it approved two applications from Enbridge Pipelines Inc. to recover, in its Canadian pipeline tolls, US$20 million per year for five years related to the extension of service on the Spearhead Pipeline which runs from Chicago, Illinois to Cushing, Oklahoma and an initiative by Mobil Pipe Line Company to reverse the flow of its pipeline which runs from Patoka, Illinois to Corsicana, Texas.

Energy Matters

Damage Prevention Regulations

The NEB is currently working towards replacing the existing National Energy Board Pipeline Crossing Regulations, Part I and Part II with regulations targeted at damage prevention (to be known as Damage Prevention Regulations). The Proposed Damage Prevention Regulations will regulate activities on or adjacent to pipeline rights of way under the Board's jurisdiction in the interest of the safety of the public and of the company's employees and the protection of property and the environment.

More information about the Proposed Damage Prevention Regulations is available on the NEB Web site.

NEB Publications

Upcoming NEB Publications

  • Winter Energy Outlook 2008-2009 - October 2008
  • Short-term Canadian Natural Gas Deliverability 2008-2010 - October 2008
  • Codes, Standards and Regulations Influencing Energy Demand - Energy Briefing Note - Fall 2008
  • Shale Gas Information - Fall 2008
  • Energy Demand: Social Science in Energy Demand - Modeling Behaviour and Attitudes - Energy Briefing Note - Fall 2008
  • Industrial Energy Demand: Macro-Economics and Technology Highlights - Energy Briefing Note - Winter 2009
  • Energy Demand Management, Demand Response, Smart Grid and Small Distributed Generation - Energy Briefing Note - Spring 2009
  • Saskatchewan Ultimate Potential - Fall 2008
  • The Effects of LNG Imports on the Canadian Natural Gas Markets - Winter 2009
  • Energy Infrastructure - Energy Market Assessment - Spring 2009
  • Canadian Energy Demand: Passenger Transportation - Energy Briefing Note - Spring 2009

Profile

The NEB is an independent federal agency that regulates several parts of Canada's energy industry. Its purpose is to promote safety and security, environmental protection, and efficient energy infrastructure and markets in the Canadian public interest, within the mandate set by Parliament in the regulation of pipelines, energy development and trade.

Her Majesty the Queen in Right of Canada 2009 as represented by the National Energy Board

This document is published separately in both official languages. For further information, please contact:

Communications Team
National Energy Board
444 Seventh Avenue SW
Calgary, Alberta T2P 0X8
Telephone: 403-292-4800
Telephone toll free:
1-800-899-1265
Telecopier: 403-292-5503
Telecopier toll free :
1-877-288-8803

Sa Majesté la Reine du Chef du Canada 2009 représentée par l'Office national de l'énergie

Ce document est publié séparément dans les deux langues officielles. Pour plus de renseignements :

Équipe des communications
Office national de l'énergie
444, Septième Avenue S.-O.
Calgary (Alberta) T2P 0X8
Téléphone : 403-292-4800
Téléphone (sans frais) :
1-800-899-1265
Télécopieur : 403-292-5503
Télécopieur (sans frais) :
1-877-288-8803

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Date Modified:
2012-02-03