Lists of Issues for Energy East and Eastern Mainline

Energy East

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 (EEPL) proposed Energy East Project (Project).

  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 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.
  5. The commercial, economic, supply and market impacts of the Asset Transfer, including the need, economic feasibility and commercial impacts of the Eastern Mainline Project. This includes the appropriateness of the proposed capacity of the Eastern Mainline of 708 TJ/d.
  6. 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.
  7. 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.
  8. The potential environmental and socio-economic effects of increased marine shipping.
  9. The appropriateness of the general route and land requirements for the Project.
  10. The engineering design and integrity of the Project.
  11. Potential impacts of the Project on Aboriginal interests.
  12. Potential impacts of the Project on directly affected landowners and their land use.
  13. Safety and security associated with the construction and operation of the Project, including emergency response planning and third-party damage prevention.
  14. Contingency planning for spills, accidents, or malfunctions during construction and operations of the Project.
  15. Financial implications of contingency planning for spills, accidents, or malfunctions during construction and operations of the Project.
  16. The terms and conditions to be included in any recommendation or approval the Board may issue for the Project.

The NEB will not consider matters related to upstream activities associated with the development of oil sands, or the downstream and end use of the oil transported by the Project.

Eastern Mainline

Commercial and economic matters related to the Eastern Mainline Project will be considered as part of the list of issues for Energy East. The NEB has identified, but does not limit itself to, the following issues for consideration in evaluating the Eastern Mainline Project:

  1. The potential environmental and socio-economic effects of the proposed project, including those to be considered under the Canadian Environmental Assessment Act, 2012.
  2. The appropriateness of the general route and land requirements for the proposed project.
  3. Potential impacts of the proposed project on landowners and their land use.
  4. Potential impacts of the proposed project on Aboriginal interests.
  5. The engineering design and integrity of the proposed project. The appropriateness of the proposed capacity of the proposed project (708 TJ/d) will be considered under Issue #5 of Energy East.
  6. Contingency planning for spills, accidents or malfunctions, during construction and operation of the proposed project.
  7. Safety and security during construction of the proposed project and operation of the project, including emergency response planning and third-party damage prevention.
  8. The ability to finance the proposed project.
  9. The terms and conditions to be included in any recommendation or approval the Board may issue.

The NEB will not consider matters related to upstream or downstream activities associated with the extraction, processing, or the end use of the gas to be transported by the proposed project.