Notice of Intent to Order Pipeline Companies to Publish Emergency Management Program Information

Notice of Intent to Order Pipeline Companies to Publish Emergency Management Program Information [PDF 155 KB]

OF-Surv-Gen-008

8 September 2016

To: All Companies Operating Oil or Gas Pipelines under the Jurisdiction of the National Energy Board and Interested Parties

Notice of Intent to Order Pipeline Companies to Publish Emergency Management Program Information

On 5 April 2016 the National Energy Board (Board) issued Order MO-006-2016 requiring companies that hold an authorization to operate an oil or gas pipeline under the jurisdiction of the National Energy Board (Company or Companies) to publish their current Emergency Procedures Manuals (Manuals) on company websites.

In Order MO-006-2016, the Board also noted that making Manuals public was the first step in making more emergency management information publicly available. The Board had previously consulted Canadians through the Emergency Management Transparency Consultation process on the type of emergency management information that should be made public. A significant amount of the information that Canadians requested be made available related to a pipeline company’s Emergency Management Program (EM Program) required under the National Energy Board Onshore Pipeline Regulations (OPR). The EM Program contains information that is not set out in the Manual. The Board committed that it would engage pipeline companies on how to publish information contained in their EM Program.

The Board has decided to require companies, with some exceptions, to publish EM Program information on their publicly available websites by 31 March 2017.  A draft of the Order is enclosed. Appendix A of the draft Order contains the minimum EM Program information proposed by the Board and includes the content recommended by Canadians, municipalities and first responders through the Emergency Management Transparency Consultation process. The Board is seeking comments on the enclosed draft Order.

Contents of the Order

The Order would apply to all companies that hold an authorization to operate a pipeline under the jurisdiction of the National Energy Board. A few exceptions are made for companies with short, small diameter oil pipelines that are not near water bodies or drinking water sources and small diameter gas pipelines in unpopulated areas. The Order would not apply to oil or gas pipelines that are regulated by provincial authorities.

The Order includes guidance regarding the information that should be published. Information in the guidance document has been grouped by topics and elements of an expected EM Program required under the OPR and EM Program elements under the National Energy Board Processing Plant Regulations. Guidance has also been provided as to how to consider regional- and site-specific information when publishing information online.

In line with Order MO-006-2016, companies would not be expected to publish sensitive information such as personal information (names, medical and contact information etc.) and security information (for example, information that would disclose a vulnerability about a particular structure).

How to comment on the draft Order

Comments on the draft Order may be submitted by Companies, first responders, municipalities, and members of the public. Comments must be submitted by 11 October 2016. Comments must include a reference to this Notice of Intention to make an Order; your name, mailing address phone number and email address the name of your organization (if you represent one), and your comments on the draft Order. Your comments can be filed electronically with the Board by using the “BUOPS.EMS-GMUS@neb-one.gc.ca” email address featured on the NEB website, on the Emergency Management webpage, or by fax or courier to:

Secretary of the Board
National Energy Board
517 Tenth Avenue SW
Calgary, AB  T2R 0A8
Facsimile: 403-292-5503
Toll free facsimile: 1-877-288-8803

If you have any questions please contact Chris Finley, Director of Emergency Management at 403-299-3118 or via email at chris.finley@neb-one.gc.ca.

Yours truly,

Original signed by

Sheri Young
Secretary of the Board

Enclosure

 

ORDER MO-##-2016

IN THE MATTER OF the National Energy Board Act (NEB Act) and the regulations made thereunder; and

IN THE MATTER OF the safety and security of pipelines under the National Energy Board’s jurisdiction.

 

BEFORE the National Energy Board (Board) on XX October 2016.

WHEREAS on 27 April 2015 the Board commenced a public consultation process on what emergency management information should be made available to the public;

AND WHEREAS on 25 June 2015 the Board received comments from members of the public on what emergency management information should be made available;

AND WHEREAS subsection 32(1) of the National Energy Board Onshore Pipeline Regulations (OPR) requires companies operating oil and gas pipelines to develop, implement, and maintain an Emergency Management Program (EM Program) that anticipates, prevents, manages and mitigates conditions during an emergency that could adversely affect the safety of workers or the public, the environment, or property.;

AND WHEREAS this order applies to facilities associated with pipelines and regulated under the National Energy Board Processing Plant Regulations (PPR);

AND WHEREAS the Board may order a company to take measures that the Board considers necessary for the safety and security of a pipeline;

AND WHEREAS the Board has found that the publication of EM Program information is necessary for the safety and security of oil and gas pipelines, the environment and the public with few exceptions;

IT IS ORDERED THAT pursuant to paragraph 12(1)(b) and subsection 48(1.1) of the NEB Act:

  1. All companies that hold an authorization to construct and operate an oil or a gas pipeline or a gas processing plant, regulated by the Board under the NEB Act must:
    1. publish EM Program information applicable to their NEB-regulated facilities on their or their affiliate’s internet site for public viewing by 31 March 2017, unless the Board otherwise directs. Companies may protect from publication, information:
      1. about an identifiable individual, including his or her name, phone number, email address, mailing address and medical condition;
      2. where there is a real and substantial risk that its disclosure will impair the security of pipelines, power lines, buildings, structures or systems, including computer or communications systems or methods employed to protect them;
      3. that, if disclosed, could reasonably be expected to result in a material loss or gain to a person affected by publication of the EM Program information or that could prejudice the person’s competitive position;
      4. about the location of species at risk and heritage resourcesFootnote 1; and
      5. about a person, such as a daycare, school, or hospital that the person requested be withheld from publication.
    2. publish EM Program information in accordance with the guidance provided in Appendix A;
    3. file a written confirmation from the company’s accountable officer by 14 April 2017 unless the Board otherwise directs, that:
      1. the company’s EM Program information has been published in accordance with Clause 1a and b of this Order; and
      2. the company has provided a link to the EM Program information to the Board and to any interested person that has expressed to the company an interest in the published EM Program information.
    4. update the published EM Program information on an ongoing basis to reflect any changes or amendments made.
  2. EM Program information is not required to be published for the following facilities:
    1. Gas pipeline systems less than or equal to 168.3 millimetres in outside nominal diameter that are located only in a class 1 location, as determined by CSA Z662Footnote 2;
    2. Oil pipeline systems less than or equal to 168.3 millimetres in outside nominal diameter that are less than 12 kilometres in length and located more than 500 metres from a water bodyFootnote 3 or a drinking water source;
    3. Deactivated, decommissioned and abandoned pipelines as defined in the OPR; and
    4. Deactivated, decommissioned and abandoned processing plants as defined in the PPR.

NATIONAL ENERGY BOARD

Sheri  Young
Secretary of the Board

APPENDIX A

GUIDANCE FOR ON-LINE PUBLICATION OF PIPELINE

EMERGENCY MANAGEMENT PROGRAM INFORMATION

Background

The Board conducted a public consultation process in 2015 to solicit the views of Canadians about emergency management information that would be most useful to them. Canadians expressed concerns about the transparency of emergency management information. Concerns expressed included the clarity and consistency of Emergency Procedures Manuals required under the National Energy Board Onshore Pipeline Regulations (OPR), and regulatory practices used to verify that the public, municipalities, emergency responders, indigenous peoples and other stakeholders have the information they need, when they need it, for pipeline emergency response.

Many observations were received on what information would be useful for both preparing for emergency response and for responding. These observations have been posted and summarized on the NEB website. A significant amount of the information that was requested to be made public related to a pipeline companies’ overall Emergency Management Program (EM Program) required under the OPR. The EM Program contains information that is not set out in the Emergency Procedures Manuals such as processes used to develop emergency preparedness and response procedures. Thus, the Board requires the on-line publishing of EM Program information to make such information readily available to interested persons.

Regulatory Requirements

Subsection 32(1) of the OPR requires a company to develop, implement, and maintain an EM Program that anticipates, prevents, manages and mitigates conditions during an emergency that could adversely affect property, the environment or the safety of workers or the public.

An EM Program or a safety program is based on the relevant policies and goals set by the company.

A company’s management system applies to the EM Program. In order for an EM Program to be systematic, comprehensive, explicit, and proactive, it must include the management system processes referenced at section 6.5 of the OPR. This includes processes to identify hazards, manage risks, train and manage workers, communicate, manage records and documentation, monitor and evaluate progress and continually improve performance.

A company’s management system provides coordination between the EM Program and the company’s programs for safety, security, integrity and environmental protection.

The EM Program must meet the requirements of section 4, and sections 53 and 55 of the OPR. This includes the requirement to conduct regular internal audits of the EM Program, with a maximum interval of three years.

Annex A of the OPR provides further information on an EM Program, including hazard assessment, the emergency procedures manual, agency liaison, communications, continuing education, emergency response processes and capability, emergency response exercises and equipment.

Guidance for Publishing of EM Program Information

The purpose of this document is to provide guidance for the on-line publishing of EM Program information. The topics and objectives noted are key components for describing a NEB-regulated company EM Program to interested persons on the company’s website. Information in the guidance document has been grouped by topics and elements of an expected EM Program required under the OPR. The guidance, while providing minimum required content, is not exhaustive. A company has flexibility in providing the required information with the guiding principle that sufficient information must be provided to allow the reader to understand the EM Program and how it informs appropriate emergency response planning.

Of particular importance is the need for published information to address regional- and site-specific considerations that may affect emergency response procedures and how these are considered within the EM Program. These considerations include, for example:

  • Residents living near the pipeline;
  • Indigenous communities;
  • Population density;
  • Specific infrastructure;
  • Drinking water, water intakes and agricultural water supplies;
  • Recreational areas;
  • Species at risk and other receptors of concern;
  • Protected areas;
  • High consequence areas as defined in CSA Z246.2;
  • Remoteness of facilities;
  • Coordination of company emergency response plans with relevant federal, provincial, municipal and Indigenous community emergency response plans; and
  • Level of first responder training and others potentially involved in an emergency response activity.

Information on the following topics and elements as they relate to a company’s EM Program should be published:

Introduction

Objective: High level summary of the company’s commitment and ability to prepare for and respond to emergencies. Identify that an Emergency Management Program (EM Program) is subject to continual improvement and that the Emergency Procedures Manual (also known as Emergency Response Plan in CSA Z246.2) is a part of the overall EM Program. Identify that all hazards have been considered and mitigation is in place to address them and any potential effects arising from an emergency. Provide an overview of regulatory requirements.

Key Public Safety Information

Objective: Identify how the public, First Responders, municipalities, Indigenous communities and provincial and federal agencies are notified of an emergency, how the public can notify the company of an issue, and how the information is updated and kept current. Provide critical information for public protection (e.g. information on the products in the pipeline and associated hazards; actions to take in the event of an emergency; hot lines and/or websites set up to respond to inquiries during an emergency; and how water supplies will be protected and what happens in the event of a water supply becoming contaminated).

Emergency Procedures Manual

Objective: Provide an overview of the contents of the Emergency Procedures Manual(s). Identify that emergency response is guided by an Emergency Procedures Manual(s) and that it is available for viewing on the company public website. An explanation of why some information is redacted should be provided.

Emergency Management Program Summary

Objective: Explain that the company has an EM Program and its purpose. Enumerate key elements, as set out below, summarized in plain language, for topics that relate directly to how stakeholders are engaged and how protection of the public and the environment is addressed.

  1. Policy and Commitment

    Objective: Identify and summarize company policies intended to ensure activities are conducted in a manner that ensures the safety and security of the public, workers, the pipeline, and the protection of property and the company’s commitment to those policies and goals.


  2. Goals and Objectives

    Objective: Identify key goals and objectives such as: engagement on planning; training of first responders; exercises; availability of equipment; response times; incident management; liaison and continuous education. Objectives as well as targets should include regional-specific considerations such as for large municipalities and high consequence areas (as defined in CSA Z246.2). Identify how the EM Program integrates with other programs required under the OPR.


  3. Hazard Identification, Risk Assessment and Controls

    Objective: Provide a summary of what hazards are likely to occur based on the product and the geography and what consequences would be prevented and addressed. (This will be regional in some cases). It also should identify that there is a risk analysis process used and modeling to support it. There should be information with regard to the extent of emergency response preparedness (i.e., rationale for location of equipment, MOUs, agreements, contractors, clean-up resources).


  4. Stakeholder Liaison to Prepare for Emergencies

    Objective: Explain how liaison activities are conducted to assure interoperability (i.e. communication, coordination during an incident, training, capacity, resources and agreements) amongst all persons, agencies and organizations. Explain how consultation occurs on developing and updating the Emergency Procedures Manual. Identify who, what, where and on what frequency, liaison and consultation occurs.  It should include regional-specific considerations, where applicable, such as for large municipalities and high consequence areas (as defined in CSA Z246.2).


  5. Continuing Education

    Objective: Summarize the continuing education program for police, fire departments, medical facilities, and other appropriate organizations and agencies and the public residing adjacent to the pipeline. It should include how responders are educated on safety procedures versus how the public are informed of them. It should also include examples of safety procedures (e.g. First Responder health and safety, scene arrival protocols, chemical hazards, spills and gas leaks, confined spaces, Personal Protective Equipment for First Responders). Describe how interested persons can engage in the emergency response planning process.


  6. Training and Exercises

    Objective: Demonstrate that the appropriate training is provided for emergency preparedness and response and that it is conducted at all levels of the company including first responders. It should identify who, what, where and on what frequency, training and exercises occur.


  7. Incident Management System

    Objective: Focus on incident command with a brief explanation of how an emergency is coordinated. Identify how provincial and other agencies are integrated in the incident management system structure and who is in control of what aspects of an incident. Describe what emergency response activities are carried out by the company versus activities carried out by first responders and others involved during an incident.
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