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Energy East Pipeline Project - List of Issues

List of Issues – Physical Facilities Matters - Part III of the NEB Act

The National Energy Board (Board) has identified the following issues for its consideration in any upcoming proceeding with respect to the Energy East Pipeline Ltd (Energy East) proposed Energy East Pipeline Project (Project). Persons should note that this is in no way a predetermination of the merits of the anticipated application or process for assessment.

  1. The need for the Project.
  2. The economic feasibility of the Project.
  3. The commercial, economic, supply and market impacts of the Project.
  4. The potential environmental and socio-economic effects of the Project, including the environmental effects of accidents or malfunctions that may occur in connection with the project, and any cumulative effects that are likely to result from the Project, as considered under the Canadian Environmental Assessment Act, 2012.
  5. The environmental effects of increased marine shipping.
  6. The appropriateness of the general route and land requirements for the Project.
  7. The engineering design and integrity of the Project.
  8. Potential impacts of the project on Aboriginal interests.
  9. Potential impacts of the project on directly affected landowners and their land use. 
  10. Safety and security associated with the construction and operation of the project, including emergency response planning and third-party damage prevention.
  11. Contingency planning for spills, accidents, or malfunctions during construction and operations of the Project.
  12. The terms and conditions to be included in any recommendation or approval the Board may issue for the Project.

The Board does not have regulatory authority over upstream or downstream activities associated with the development of oilsands, or the end use of the oil to be transported by the Project. Therefore, the Board will not consider these issues.

The Board will not consider the physical facilities or tolling methodology for the potential looping project to transport natural gas from Markham to Iroquois, Ontario, as it  will be subject to a separate review process when it is filed.

List of Issues – Commercial and Financial Matters - Part IV and V of the NEB Act

The National Energy Board (Board) has identified the following issues for its consideration in any upcoming proceeding with respect to the Energy East Pipeline Ltd (Energy East) proposed Energy East Pipeline Project (Project). Persons should note that this is in no way a predetermination of the merits of the anticipated application or process for assessment.

  1. The commercial, economic, supply and market impacts of the Project, including the removal of the facilities from gas transportation service and conversion to oil transportation service.
  2. The appropriateness of the tolling methodology, and the method of toll and tariff regulation, including whether Energy East should be regulated as a Group 1 or Group 2 company.
  3. Transfer of Assets:
    1. The tests to be used to assess the sale and purchase of the assets.
    2. The assets to be transferred and any terms to be included.
    3. The value which should be assigned to the facilities for the purposes of:
      1. removal from the rate base of the TransCanada PipeLines Limited’s natural gas mainline; and
      2. inclusion in Energy East’s toll calculation.
  4. The terms and conditions related to financial or commercial matters to be included in any recommendation or approval the Board may issue for the Project.
  5. Financial implications of contingency planning for spills, accidents, or malfunctions during construction and operations of the Project.

The Board does not have regulatory authority over upstream or downstream activities associated with the development of oilsands, or the end use of the oil to be transported by the Project. Therefore, the Board will not consider these issues.

The Board will not consider the physical facilities or tolling methodology for the potential looping project to transport natural gas from Markham to Iroquois, Ontario, because that will be subject to a separate review process when it is filed.

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Date Modified:
2014-06-27