Presented by
Kenneth Vollman, Chairman
Gaétan Caron, Vice-Chairman
David Hamilton, Board Member
National Energy Board
Inuvik, Yellowknife, Fort Good Hope and Fort Simpson
December 2005
The Panel would like to take a few minutes to give you some information about who the National Energy Board is, why we are here today, and what our role typically is throughout the lifecycle of a pipeline.
Since 1959 the National Energy Board has been regulating pipelines and other energy facilities across Canada. For pipelines we have two main responsibilities:
The National Energy Board has 8 full time members, 2 temporary members and about 300 staff, all located in Calgary. Our decisions are based on the knowledge that people share with us during our hearings.
The National Energy Board is responsible for 45 000 km of pipelines across Canada. Some of these are gas pipelines; others transport oil. We have developed relationships with people across Canada because the pipelines we regulate are found all across Canada.
The National Energy Board is independent. As the 3 appointed Board members, we will make the decision on the Mackenzie Gas Project.
For us to make a good decision, we hear from many different people:
The National Energy Board makes its decision about a pipeline "in the public interest". This means that we need to consider the interests that people express about the proposed pipeline.
It is the proposed Mackenzie Gas Project that brings us back to the North today to talk with you about our hearing process for this project.
The NEB has regulated energy-related activities in the North since the early '60s. This includes exploration and production activities on and offshore in the '70s, the construction of oil and gas pipelines in the 80's and, more recently, renewed exploration and development activities in and around the Mackenzie Valley.
The National Energy Board's role for the Mackenzie Gas Project is to decide whether or not the pipeline should be built.
I'd like to take one minute and go over the main elements of the project in the 5 applications that the National Energy Board has received:
Because of the size of this project and the various jurisdictions that the pipeline would pass through, a Cooperation Plan was created to provide for both the environmental assessment and a regulatory review of the project. It is important that these review processes be coordinated.
The different members of the Joint Review Panel and the National Energy Board were chosen because of the knowledge and expertise that each one brings to the review of the project. However, both Panels are looking for knowledge from many other people.
During its hearings, the Joint Review Panel will be listening to people's views on the environment, social and cultural effects that could happen if the pipeline was built.
During the National Energy Board hearing, we will be listening to people's views on the engineering, safety, and economic effects that could happen if the pipeline was built.
The Joint Review Panel will write its report and give its recommendations to the Government of Canada and to the National Energy Board.
Before we make a decision on whether or not the pipeline should be built, we will read and consider that report to find out about these important matters. With a good flow of knowledge between interested people and the Panels, the best decision can be made.
The exchange of knowledge is a critical part of the National Energy Board hearing process.
It is in the hearing process that people meet and exchange their knowledge. For example, information on the route of the pipeline, engineering design and construction techniques, and ways to minimize negative impacts or to increase positive impacts are all dealt with at the hearing.
It is after the exchange of information throughout the hearing that the National Energy Board makes a decision on whether or not to approve the pipeline.
If the decision is to approve the project, then the National Energy Board will regulate the pipeline throughout its life. Any decision to approve comes with a number of conditions which are based on the knowledge that was shared during the hearing. Our inspectors would then verify that the pipeline is in compliance with these conditions.
We can divide a pipeline lifecycle into 5 phases - planning, public hearings, construction, remediation and operations. I'll talk a bit about each phase.
For the Mackenzie Gas Project, the National Energy Board worked with government departments, Boards and agencies to develop the Cooperation Plan that David spoke about. Other important information that is shared during the planning phase includes:
It is during this phase that the hearing process is designed to meet the needs of people who are interested in the project. Today's session is one step in the planning process.
The hearing process is designed so that people can exchange their knowledge about the pipeline and the effects it could have on the people and the land.
What does a successful hearing look like? It is one where people have respect for diverse views while exchanging information about the proposed project. As the National Energy Board, our job is then to make a decision on the pipeline that takes into account the different views that people have shared.
If the decision is made to approve the pipeline, then the next phase is construction. But if the decision is to not approve the pipeline, then there will be no construction - that is the end of the project.
If a pipeline is approved, the National Energy Board puts conditions on its construction and operation and, we ensure that these conditions are met throughout the life of the pipeline. We have inspectors to help us do that.
Like the proposed Mackenzie Valley Pipeline, most pipelines are buried during construction about 2 to 3 feet down. After construction, the our inspectors monitor the company's mitigation activities for success in restoring the land. For example, commitments may have been made to restore native vegetation.
During operations, the National Energy Board continues to be responsible for regulating the pipeline. We inspect the pipeline to verify that that the pipeline is operated safely, that environmental protection activities continue, and that commitments the company has made are being met. If concerns arise, people know who the National Energy Board is and how to reach us. We will respond to, and deal fairly with, these concerns.