National Energy Board seeking more information on Trans Mountain expansion project before making its decision

The National Energy Board (NEB) has announced that it is extending its review period for Kinder Morgan’s Trans Mountain pipeline expansion project.

In a statement on Thursday, the NEB said that it had implemented an “excluded period” for the review of the expansion project, which began on Sept. 17 and will end Jan. 8, 2016. The period will enable the regulator to acquire additional information related to the project.

The NEB pointed out that it has a legislated time limit of 15 months from the date it determines an application is complete until issuing a decision or recommendation to Governor in Council. The term excluded period refers to the provision in the NEB Act that allows the NEB to exclude a period of time from its legislated 15-month time limit.

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The announcement follows a decision by the project hearing panel on Aug. 21 to strike evidence from the hearing record. A filing from the Board showed that Governor in Council appointed Steven Kelly as a full-time member of the NEB, effective Oct. 13. In Dec. 2013, Trans Mountain filed direct written evidence from Kelly of IHS Global Canada Limited in support of its project application, addressing the issue of oil market supply and demand, among other things. However, other evidence reached conclusions that are different than Kelly’s.

“Therefore, if evidence prepared by or under the direction of Mr. Kelly remains on the record, this Panel of the Board may be in the position of having to assess this evidence against that filed by Living Oceans Society after Mr. Kelly’s appointment to the Board becomes effective,” the NEB wrote in the filing.

“There can be no question that public confidence in the impartiality of tribunal decision-makers is integral to the administration of justice,” the Board wrote. “The dual role of Mr. Kelly, as a person who prepared evidence in this proceeding and as a future Board member, may raise concerns about the integrity of this hearing process. With this in mind, the Panel has decided on its own volition to strike from the hearing record all evidence prepared by or under the direction of Mr. Kelly.”

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Trans Mountain must file replacement evidence by Friday (Sept. 25).

The NEB said in the statement that it will now release its recommendation report by May 20, 2016. Prior to the excluded period, the report was scheduled to be released on Jan. 26, 2016.

This is the second excluded period for the Trans Mountain expansion project. The first excluded period was from July 11, 2014 to Feb. 3, 2015 to allow Trans Mountain to file additional studies related to a new preferred corridor through Burnaby Mountain.

The Trans Mountain expansion project is a proposal to expand the existing Trans Mountain pipeline system between Edmonton, Alta. and Burnaby, B.C. It would include approximately 987 kilometres of new pipeline, new and modified facilities, such as pump stations and tanks, and the reactivation of 193 kilometres of existing pipeline.