Stream 1 Actions Progress Report
- Company Interactions with Landowners

1.1(a) Continual Improvement

Continual improvement of NEB processes (e.g. application assessments, inspections, company meetings, measures) to support the extension of the Board's current regulatory approach. Estimated timing to complete the Action: ongoing.

Completed Tasks:

The NEB has an improved focus on landowner issues (e.g., created an NEB goal and regulatory program to respect the rights and interests of people).

Improved and delivered internal training (e.g., application assessment training, and inspection officer training).

Improved internal planning.

The NEB meets its goals through excellence in execution and continual improvement, facilitated by a Board-wide Quality Management System.

1.1(b) Step 1 - Provide NEB Draft Expectations

Obtain a better understanding of existing company programs through the following steps:

1. Provide companies and interested parties with the NEB's draft expectations for Public Involvement Programs. Estimated timing to complete the Action: by end of August 2010.

Completed Tasks:

National Energy Board Draft Expectations - Public Involvement Program [Filing A22289]

1.1(b) Step 2 - Feedback on Draft Expectations

2. Gather feedback from companies and interested parties on the NEB's draft expectations regarding Public Involvement Programs. Estimated timing to complete the Action: by end of August 2010.

Completed Tasks:

Feedback was provided by Horse Lake First Nations [Filing A23470], Spectra Energy Transmission West [Filing A23464], l'Union des producteurs agricoles [Filing A22289], and TransCanada Pipelines Limited [Filing A22800].

The deadline for submitting feedback was 15 September 2009. [Filing A22289].

1.1(b) Step 3 - Voluntary Assessments

3. Conduct voluntary and non-regulatory assessments of company Public Involvement Programs using draft expectations as a guide. Estimated timing to complete the Action: commence in Fall 2009, continuing over the subsequent 12 months.

Completed Tasks:

Meeting mid-September 2009 with CEPA to discuss the upcoming one on one company meetings.

Meetings were held with 15 different NEB-regulated companies.

1.1(c) Board Decision on Changes

Decision on the need for and the extent of changes (e.g. further Board guidance, orders or revisions to current regulations) that would be required to effectively support the NEB's regulatory program. Estimated timing to complete the Action: 2010.

Upcoming Tasks:

To be determined

1.1(d) Communicate Board Decision

Communicate the results of the decision with companies and interested parties, including a discussion of any next steps for the development and implementation of the NEB's regulatory program. Estimated timing to complete the Action: 2010.

Upcoming Tasks:

To be determined

1.2(a) Guidance on Crossing Expectations

Provide additional guidance on NEB expectations regarding crossings. The requirement for company programs to manage the movement of vehicle and mobile equipment is included in the current draft version of the Damage Prevention Regulations and associated guidance notes. Estimated timing to complete the Action: 2010.

Completed Tasks:

Draft Damage Prevention Regulations

1.2(b) Working Group on Crossing Issues

As noted in section 4 of the LMCI Report, the Board is also encouraging interested groups to work together to develop standards of crossing related issues such as: blanket crossing agreements; definitions of "normal farming operations" and "normal farm equipment"; depth of cover; and company response times for crossing requests. Estimated timing to complete the Action: 2010.

Completed Tasks:

The NEB decided that further steps are required to address outstanding issues in the area of crossings. As a result of this decision, additional guidance on crossings will be developed by 31 December 2010.

The NEB issued a letter on 31 May 2010 that includes a call for interest to participate in the Pipeline Crossings Working Group and a draft project plan. [Filing A25275]

Upcoming Tasks:

Initial Pipeline Crossings Working Group meeting to be held on 4 August 2010.

1.2(c) Assess Crossing Standards

In January 2010, the Board will assess whether further steps towards standards are required to address any outstanding issues to promote safety and security in the areas of crossings. Estimated timing to complete the Action: 2010.

Completed Tasks:

The NEB decided that further steps are required to address outstanding issues in the area of crossings. As a result of this decision, additional guidance on crossings will be developed by 31 December 2010.

The NEB issued a letter on 31 May 2010 that includes a call for interest to participate in the Pipeline Crossings Working Group and a draft project plan. [Filing A25275]

Upcoming Tasks:

Initial Pipeline Crossings Working Group meeting to be held on 4 August 2010.

1.3 Additional Guidance for Landowners

Provide additional guidance for landowners (e.g. standard landowner letter that includes contact information for the NEB, an offer to talk directly with an NEB representative, information about the NEB regulatory approach, information on landowner rights and responsibilities, explanation of NEB processes). Estimated timing to complete the Action: Fall 2009.

Completed Tasks:

NEB staff completed a review of NEB publications for plain language.

The Public Hearing Process - Your Guide to Understanding NEB Hearings

A Process Advisor will be available, if required, on upcoming hearings.

NEB Intervenor training modules completed and available for the Process Advisor.

Sample of standard hearing documents that could be used by intervenors (from NEB Workshop - How to Participate in a Hearing)

Upcoming Tasks:

A new landowner guide will be available in 2010.

1.4 Improve Communications

Improve communications to ensure that the Board's awareness of and expertise in agricultural matters are clearly demonstrated. Estimated timing to complete the Action: 2010.

Completed Tasks:

Improved and delivered internal training (e.g., plain language training, writing reasons for decisions).

The NEB's communications team provides strategic communications advice which includes media and public relations.

Ongoing review of NEB communications processes in accordance with the NEB's Quality Management System.