Panel Discussion
Goal-Oriented Regulatory Approach, Interpretation and Perspective
Bob Vergette, National Energy Board
John Gerez, Enbridge Pipelines Inc.
Gary Bunio, MGM Energy.
Goal-Oriented Regulation is an approach that is unique to the National Energy Board. It is a risk based approach that relies on the use of management programs developed by individual companies to achieve desired outcomes or goals. The approach relies on the use of a management system approach to comply with a mix of prescriptive requirements and performance based requirements designed to protect people, property and the environment while meeting the needs of Canadians.
The approach is designed to permit flexibility and allow the use of good judgment and experience to determine the most cost-effective and efficient solutions to meet outcomes. Regulator and industry presenters will provide their perspectives and seek feedback on enhancements to the approach.
Online Application System (OAS)
Margaret Barber, National Energy Board
This is an overview of the NEB online application system (OAS), including why it was developed. The next phase of development will be outlined and there will be an opportunity to discuss experiences with the system or ideas for future development of the system.
Risk-Based Lifecycle
John Fox and Denis Gagnon, National Energy Board
This is an overview of the NEB Risk-Based Lifecycle approach to regulating energy infrastructure from planning to construction, operation and through to abandonment. It will provide the context as to why the NEB uses this approach as well as the methodology. The presentation will provide linkages to goal-oriented regulation, management systems and compliance activities. It will also describe how the approach is used in application assessments and in planning the regulatory oversight for individual companies.
Respecting Rights and Interests
Michael Benson, National Energy Board
The NEB's Strategic Plan 2009-2012 has articulated a new Goal 4, which reads: The rights and interests of those affected by NEB-regulated facilities and activities are respected. The Board expects regulated companies to develop and implement appropriate management practices to ensure the rights and interests of those affected are respected. This company-focused portion of the regulatory program supporting Goal 4 is under development and will include expectations for regulated companies and a set of monitoring and enforcement processes to ensure satisfactory company performance in this area. In addition, the Board acknowledges that it shares certain responsibilities related to respecting the rights and interests of those affected. This public-focused portion of the regulatory program supporting Goal 4 is intended to continually evaluate and improve how the Board uses its own tools to positively contribute towards respecting the rights and interests of those affected by NEB-regulated facilities and activities.
Compliance Tools
Patrick Smyth, National Energy Board
This is an overview of the National Energy Board compliance assessment tool kit. It will focus on the NEB compliance philosophy, the various types of compliance activities utilized, enforcement options and the linkage to the risk-based lifecycle approach. The session will include a discussion on the qualifications and powers of compliance staff (Officers).
Damage Prevention Regulations
Patrick Smyth, National Energy Board
This presentation provides an overview of the National Energy Board's proposed Damage Prevention Regulations (DPR). Specifically, it will focus on the background of the DPR - how did the regulation get to where it is today? The presentation will also highlight the purpose and key elements of the proposed DPR, and conclude with an overview of next steps - bringing the regulation to promulgation.
Security Management
Wes Elliott, National Energy Board
This presentation will provide an overview of the NEB role in regulating security in the pipeline industry. Security compliance activities conducted during the past year will be reviewed with a summary of findings. The security management standard, CSA Z246.1 will be summarized, including its scope, principles and structure. Plans for including the standard in the NEB regulatory framework will also be explained.
The Board's Regulations and CSA
Joe Paviglianiti, National Energy Board
This presentation will discuss the role of consensus standards in regulation. The presentation will focus on the merits of adopting standards as regulation as opposed to the development of guidance. A description of the consensus development process and an overview of the NEB's role within CSA and other standards will be provided. The session will focus primarily on pipeline regulations; specifically the Onshore Pipeline Regulations and CSA Z662 Oil and Gas Pipeline Systems (2007).
Technical Program Audits
Ken Colosimo, National Energy Board
The National Energy Board Onshore Pipeline Regulations (OPR-99) requires companies to develop and implement management and/or protection programs to anticipate, prevent, mitigate and manage conditions which have a potential to adversely effect the environment and safety of the public. The NEB Management/Protection program requirements have been divided into five elements and 15 sub-elements.
Following the Board's review of a company's management and/or protection programs, the Board develops an audit report containing its findings in relation to the program requirements. These findings are either adequate or non-compliant. Non-compliances must be addressed by companies through the development and implementation of an appropriate Corrective Action Plan (CAP) within appropriate timeframes.
Common findings and recent issues will be reviewed to examine how the technical audit program can be enhanced as a compliance tool.
Canada Oil and Gas Operations Act (COGOA) - Drilling and Production Regulations
Jann Atkinson, National Energy Board
Modernizing and improving regulations for frontier oil and gas exploration and development is regularly carried out to maintain an efficient and effective framework and to support the sector's continued growth and contribution to Canada's economy and competitiveness. The existing Drilling Regulations and Production and Conservation Regulations under COGOA and the Accord Acts were developed over 20 years ago under a legislative policy framework that supported the use of prescriptive regulation.
The proposed Drilling and Production Regulations are an amalgamation and modernization of these two existing regulations. The updated regulations are written in a goal-oriented style combining goal-based, performance-based and more prescriptive styles of provisions. This presentation provides an overview of the project and examples of the regulatory styles.
CSA Z662 Standard Highlights
Ken Paulson, National Energy Board
This presentation provides a summary of the more significant changes which were introduced in the 2007 edition of CSA Z662 Oil and Gas Pipeline Systems. The presentation will discuss what the standard is and how it fits within the NEB's regulatory framework. The focus will then shift to a summary of what the NEB believes to be the most important or most substantive changes which were introduced when the 2007 edition of the standard was published in August of that year. An open discussion on the content of the 2007 edition will also be included.
What to Expect - A Company Story
Neil Drummond, Imperial Oil Limited
The purpose of the National Energy Board as outlined in the NEB Strategic Plan 2007-2010, is to "promote safety, environmental protection, and economic efficiency in the Canadian public interest within the mandate set by Parliament in the regulation of pipelines, energy development and trade". The Board ensures compliance with the regulations under it's purview by auditing programs, procedures and records developed and maintained by companies.
This presentation will provide a company perspective regarding what it is like to be audited by the NEB and some insights to help operators prepare for and "host" an NEB audit team to ensure a satisfactory outcome for both parties.Renewal of the Onshore Pipeline Regulations
Scott Gedak, National Energy Board
The NEB plans to renew the Onshore Pipeline Regulations, 1999 (OPR-99) to: include a requirement for a management systems approach; provide clarity and consistency on program requirements; and to update regulatory requirements and guidance notes. This presentation will outline the NEB's plans to renew the OPR-99, the key steps, and opportunities to participate and contribute to this initiative. This presentation will also include a discussion of the addition of decommissioning to the OPR-99. The possibility of revising/renewal the Filing Manual will also be discussed with the intent of obtaining comments on the scope and nature of the review.
The NEB now has over 10 years of experience with the first of its goal-oriented regulations, the OPR-99. Renewal of the OPR-99 will provide an opportunity to incorporate improvements that have been made in the development of subsequent goal-oriented regulations.
Emergency Management
Robert LeMay, National Energy Board
This presentation will provide an overview of the NEB expectations for a company emergency management system. The NEB uses company emergency procedures manuals submitted under s. 32 of the Onshore Pipeline Regulations as a means to assess company programs and to identify where additional scrutiny may be required. In addition, the results of inspections, audits, and exercise observations as well as actual emergency responses are used by the NEB to create an annual risk-based compliance plan for assessing company emergency management programs.
The Board is also participating in the development of an Emergency Management Standard for the oil and gas pipeline industry through CSA. Once the standard is completed, the Board hopes to adopt the standard into regulation and it would form the basis of compliance audits in the future.
Overview of Pipeline Safety Incidents - A Case Study
Ken Paulson, National Energy Board
This presentation will provide an overview of safety incidents reported to the NEB over a two-year period. In addition, the circumstances and learnings of some recent significant safety related pipeline incidents will be reviewed. The presentation will avoid the use of company names and will focus on the events and the learnings arising from them. The events will include a review of a pipeline repair on a liquids pipeline that led to two fatalities and a partial case history of accidents associated with a recent construction project.
Arctic Drilling Experiences
Doug Ashford, MGM Energy Corp.
This presentation provides a snapshot of MGM Energy Corporation's 2008-2009 drilling project in the Mackenzie Delta, with focus on improvement initiatives implemented between and during operating seasons. The improvement initiatives have involved all areas of the project, such as environmental and safety stewardship, journey management, logistics, and drilling operations to cite a few.
The presentation also describes the ongoing interactions with the NEB, as well as other government and local stakeholders associated with the project.
MGM Energy is planning another multi-well drilling campaign on the Mackenzie Delta during the 2009-2010 winter season, and will be one of the first operators to implement a drilling project under the Goal-Oriented Regulations.
Today's Public Participation Expectations
Crystal Cassidy, Energy Resources Conservation Board
This presentation will provide ERCB observations on the evolution of public participation as it relates to oil and gas development, ongoing operations, and communication. ERCB requirements will be discussed in comparison with other innovative ways of ensuring collaborative decisions and ongoing successful community relations. Personal experiences in public participation will be featured.
Burnaby Pipeline Rupture Case Study
Westridge Incident - Result of the TSB's Investigation Process
Lawrence Gales, Transportation Safety Board of Canada
This presentation will describe the mandate and role of the Transportation Safety Board of Canada with respect to the Trans Mountain's Westridge dock transfer pipeline occurrence of 24 July 2007. Topics covered will include:
Burnaby Pipeline Rupture Case Study
Westridge Incident - Lessons Learned
Hugh Harden, Kinder Morgan Canada
This presentation will describe the third party strike to Trans Mountain's Westridge dock transfer pipeline in July 2007. Topics covered will include:
Cromer Manitoba Overpressure Case Study
Scott Ironside, Enbridge Pipelines Inc.
Ken Paulson, National Energy Board
On 8 November 2006, a cleaning pig became stuck in ANSI 150 piping at an Enbridge meter station located near Cromer, Manitoba. The pig effectively isolated the inlet to the meter piping and allowed a pressure build-up of approximately 1150 PSIG behind the pig before it released, instantaneously over-pressuring the ANSI 150 meter piping. A strainer within the meter station failed before the relief could mitigate the sudden surge.
The presentation will review the unique circumstances of this failure and provide a review of the pressure control and over-pressure protection requirements within CSA Z662 as they apply to this event.
Enhanced Aboriginal Engagement and Crown Consultation on NEB Major Projects
Carla Osborne, National Energy Board
Scott Clausen, Major Projects Management Office
Since the inception of the Major Projects Management Office (MPMO) in February 2008, federal departments, including the NEB, have worked together to develop a 'whole of government' approach to Crown consultation on major resource development projects. This presentation will provide an overview of the MPMO initiative, the Crown's approach to consultation on major NEB-regulated projects and the Board's Enhanced Aboriginal Engagement program which is supporting the Crown's efforts.
Simple Things we can do “Today” to save Lives
Tom Lassu, Ledcor Pipelines Limited
Today Tom will focus on some simple control measures / updates in the area of Pipelayer Safety that he is passionate about based on his personal industry learning's and direct experiences.
He will discuss what Ledcor has done as a company to address these issues and what they are doing as an industry leader to encourage others to follow in order that we may ensure the industry is “as safe as if can be” for our employees, friends and relatives who work in the trenches of our organizations.
Getting to Zero
Gordon Simmonds, TransCanada Pipelines Limited
Over the past 50+ years, TransCanada Pipelines Limited along with the pipeline industry has continued to make great strides in reducing safety incidents by changing the safety culture from:
The presentation will provide an overview of the unique initiatives that are being implemented by the Keystone project to create a safety culture of interdependency or "Brother's Keeper" with a goal of having everyone go home safely to their families.
My Brother's Keeper or Why Rats Are Different from People
Alan Murray, National Energy Board
Creating a safety culture within an organization is never easy but there has never been a more opportune time with the changing demographics of the industry. Rats apparently learn from their mistakes and never repeat them, people on the other hand ... What should we have learned and shared from the past that would have prevented the very serious safety incidents that occurred on NEB-regulated facilities last year? How do we prevent a side boom from becoming a trebuchet? How did a torn jacket lead to a broken foot? Why was frost heave such a surprise in the third coldest country on the planet? These and other mysteries on adult pipeline behaviour that conspire to thwart a safety culture will be discussed.