National Energy Board Land Matters Group – Steering Committee - 23 June 2016

Meeting (in Calgary)
Wednesday, 23 June 2016
8:00 a.m. - 3:30 p.m.

In Attendance
In Attendance

Brodie Allen, International Right of Way Association

Alan Pentney, NEB

Dave Core, Canadian Association of Energy and Pipeline Landowner Associations

Anne-Marie Erickson, NEB

Drew Black, Canadian Federation of Agriculture

Dana Cornea, NEB (Director)

Elvin Gowman, BC Farmers’ Advocacy Office

Erin Dottor, NEB (Presenter)

Humphrey Banack, Canadian Federation of Agriculture

Jamie Ballem, NEB (Board Member)

Isabelle Bouffard, l’Union des producteurs agricoles

Jess Dunford, NEB (Director)

Jeff Paetz, Canadian Energy Pipeline Association – Enbridge

Lisa Zaplachinski, NEB (Note taker)

Lisanne Bazinet, Natural Resources Canada

Marian Yuzda, NEB (Counsel)

Pierre Lemieux, l’Union des producteurs agricoles

Murray Lytle, NEB (Board Member)

Stephen Smith, Alberta Energy Regulator

Shannon Neufeld, NEB (Presenter)

Tom Crist, Natural Resources Canada (Presenter – via teleconference)

Tracy Sletto, NEB (VP Energy Adjudication)

Whitney Punchak, NEB (Chair)

Meeting Items

  1. Introduction
  2. See list of attendees

  3. Welcome and Review agenda
  4. Agenda approved.

    Reminder that this meeting will follow Chatham House Rule (participants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed). All present indicated their understanding and confirmation to abide by this approach to meeting conduct.

    Dave Core stated that anything he says on behalf of CAEPLA can be restated anywhere anytime and accredited to him. Dave stated that he will respect the Chatham House Rules of everyone else in the room but that no one has to respect that with any comments he makes. Dave stated that he prefers that what he says is public and recorded, and that he will be accountable.

  5. Current priorities round table
  6. National Energy Board (NEB):
    • Abandonment cost estimate – companies asked to submit to the NEB a five year estimate of abandonment costs by 30 September 2016.
    • LMG Subcommittee on Landowner Guidance in the process of revising drafts, with work expected to wrap up shortly.
    • Appropriate Dispute Resolution (ADR) rosters – The ADR Institute of Canada will, on behalf of the NEB, create a nation-wide roster of qualified and experienced mediators who have relevant training and experience in resolving disputes related to infrastructure development.
    • Discussed the recent reorganization at the NEB that is expected to provide a stronger alignment between the Board’s resources and performance.
    • The NEB has been updating its HR systems.
    • The NEB discussed its ideas for two new advisory committees: an Indigenous Advisory Council and the Chair’s External Advisory Committee

    International Right of Way Association (IRWA):
    • The IRWA has a significant focus on education on right of way disciplines.

    Natural Resources Canada (NRCan):
    • Key work has been on implementing the commitments in the Minister’s Mandate Letter.
    • Advancing projects currently before the Minister: interim measures for pipeline reviews (TransMountain Expansion Project, Energy East Pipeline): deeper consultations with Indigenous peoples; assessing upstream greenhouse gas emissions; public and community engagement activities.

    Canadian Association of Energy and Pipeline Landowner Associations (CAEPLA):
    • CAEPLA’s concerns regarding the NEB’s role regarding landowners.

    Canadian Energy Pipeline Association (CEPA):
    • No CEPA updates at this time.

    Union des Producteurs Agricoles (UPA):
    • Discussed UPA’s involvement with Energy East.
    • UPA is familiarizing themselves with the Board’s electricity applications processes.

    BC Farmer’s Advocacy Office:
    • Discussed the NEB’s recent visit to the Dawson Creek area.
    • Discussed the recent flooding in the Dawson Creek area.

    Canadian Federation of Agriculture (CFA):
    • The Pipeline Abandonment Research Steering Committee – is expected to have the first of three research projects completed as early as October 2016 with the rest to follow later in the year.

    Alberta Energy Regulator (AER):
    • AER is working with other jurisdictions to raise its level of excellence.
    • AER is looking at reclamation certification processes.
    • AER established a stakeholder relations team.
    • This week the AER released its annual report.
    • AER is continuing to work internationally to raise the bar on regulator excellence: engaging with Mexico about how to regulate the development of its oil and gas reserves; and with England on the development of low-carbon technology and innovation.
    • Multi-stakeholder Advisory Committee – to advise how multi-stakeholder relations could occur. It incorporates Alberta history and knowledge.

  7. Updated Landowner Guide - Communication Ideas
  8. The NEB has updated the Landowner Guide as a result of recent legislative changes and to address housekeeping matters. The latest edition will be available over the summer of 2016. The Steering Committee provided their advice and input on a list of communication ideas to be used to inform landowners of the revised guide. NEB also noted the upcoming release of a revised version of Regulating Pipeline Abandonment.

  9. Modernizing the NEB
  10. NRCan gave a presentation on modernizing the NEB as announced by the Government of Canada on 20 June 2016. NRCan is seeking feedback on the draft scope of Terms of Reference for the yet to be named Expert Panel.

    LMG Steering Committee agreed to submit a recommendation to NRCan. NEB committed to arrange for a conference call in the next few weeks (prior to NRCan’s 30 day review window).

  11. Hearing Innovations
  12. NEB provided an overview of recent hearing innovation efforts.

  13. Damage Prevention
  14. NEB provided an update on the recently published Damage Prevention regulations and guidance for these regulations.

    The NEB’s Pipeline Damage Prevention Regulations apply to any NEB-regulated pipeline company and to any person planning or undertaking an activity near an NEB-regulated pipeline.

    NEB is seeking input for developing further guidance.

  15. NEB’s Draft Land Matters List of Issues
  16. NEB provided a list of issues relating to land matters and energy infrastructure

    LMG Steering Committee agreed to form a small working group of the committee (3 5 individuals) to work together to complete a list of issues.

  17. Land Matters Group Draft Terms of Reference
  18. Discussed the LMG draft terms of reference and suggested edits.

    Discussed having a co-chair the LMG.

    Discussed the number of voting members and their back-ups. NEB staff agreed to revise the terms of reference based on the feedback received.

  19. Recruitment Strategy
  20. Requested that LMG Steering Committee members review the LMG Recruitment Plan 2016/2017 and send in their comments to the LMG email account.

  21. Adjournment
  22. Meeting adjourned at 3:30 pm.

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