City of Burnaby Calls for NEB Panel Suspension over Kinder Morgan Pipeline

The Trans Mountain pipeline expansion project has failed to gain social licence from the provincial government, or any Lower Mainland municipality or First Nation, and the National Energy Board (. . .

Sourced through Scoop.it from: www.burnabynow.com

See on Scoop.itGreen & Sustainable News

“[…] In a fiery double-barrel blast, Gregory McDade, legal counsel for the City of Burnaby, fired one barrel at Kinder Morgan Inc., the company behind the expansion project, and the other at the NEB panel itself.

Citing Prime Minister Justin Trudeau’s promise to overhaul the NEB, which he criticized for becoming politicized, McDade said, “Burnaby should not be the last victim of a flawed process.

“The City of Burnaby calls upon this panel to suspend these hearings,” McDade said. “We call upon this panel to reset the process in a way that keeps faith with the public trust that the prime minister of Canada has claimed he has.”

McDade quoted Trudeau, who said, “Governments grant permits, but only communities grant permission.”

“Let me be clear, this pipeline does not have community permission,” McDade said. “Not from the community of Burnaby, nor from any of the Lower Mainland municipalities, nor from the public or the Government of British Columbia.” […]

The Trans Mountain pipeline was originally built in the 1950s and fed a number of B.C. refineries that made gasoline, diesel and jet fuel for domestic use.

The Chevron plant in Burnaby, where the pipeline terminates, is the only refinery left in the Lower Mainland. As it stands, it has to compete with other companies for the oil that moves from the pipeline.

A twinning of the pipeline would triple its carrying capacity. But that’s by no means a guarantee that the Chevron refinery will necessarily have access to more oil. Of the 890,000 barrels per day an expanded pipeline would move, 707,500 barrels are spoken for by 13 shippers in offtake agreements, with the oil destined for refineries outside of Canada.

“This is not a pipeline, I say, to bring oil to the Lower Mainland to supply local industry, to bring us gasoline, as the pipeline was in the 1950s,” McDade said. “This is a pipeline solely for export. No benefits to B.C. at all, but all the burdens and all the risk are borne here.”

Of the 49 interveners making oral presentations at the Burnaby public hearings, 19 are B.C. First Nations, including three key Lower Mainland groups – the Squamish, Musqueam and Tsleil-Waututh – all of whom are opposed to the project.

The expanded pipeline would increase oil tanker traffic to 34 per month from the current five. Musqueam Councillor Morgan Guerin said on Jan. 19 that the wake caused by tankers means small fishing vessels would have to stop every time a tanker goes by.

The Musqueam would view that as a potential infringement of their aboriginal rights to fish – a right that was affirmed in the landmark Sparrow case. […]”

 

Advertisements

Kinder Morgan President Shocked by Level of Protest Against Burnaby Trans Mountain Pipeline

Following months of protests, and most recently a court injunction to remove protesters on Burnaby Mountain that resulted in numerous arrests, Kinder Morgan is holding a telephone town hall tonight.

Source: globalnews.ca

>” […] Asked if he was surprised by the protest and the numbers who showed up and Anderson said, no. Instead what was shocking was what he called people’s “willingness to disobey the injunction and put themselves up for arrest.“

[…] Also the diversity of the crowd, which included according to Anderson, “hardcore protesters, local interest groups and residents in the community,” that made it difficult for Kinder Morgan to have a conversation and plan appropriate action.

“We tried to remain calm and not be heavy-handed,” Anderson said.

But five protestors, who were arrested and are being sued for $5 million, may see it differently.

Anderson called the lawsuit an “unfortunate part of the process” but says it was necessary to get the work done safely. […]

The survey work may be done but for the City of Burnaby’s Mayor Derek Corrigan, there’s still a matter of the bill for the Burnaby Mountain policing costs.

“I want [Kinder Morgan] to pay,” Corrigan said in an earlier interview.

“We told them not to go on to the mountain, we told them to obey our bylaws, we were overruled by the National Energy Board, so they can’t possibly say in any way this was our fault or responsibility.”

But for Anderson, the police officers were necessary to enforce the legal injunction for “legally authorized work.”

“The police were there to protect us against unlawful protestors. Policing is a municipal responsibility and I think it remains a municipal responsibility,” Anderson said. […]

“I think Kinder Morgan’s playing the poor me with regards to their activities,” he said.

“I find it quite surprising; I don’t know many people that are going to feel sorry for a multinational corporation that’s exerting its influence on a local government.” […]”

See on Scoop.itGreen & Sustainable News

Energy executive quits NEB, blasts Kinder Morgan review as ‘fraudulent,’

Marc Eliesen has withdrawn as an intervenor in the federal government’s review of Kinder Morgan’s Trans Mountain pipeline and oil tanker expansion project, detailing his reasons for quitting in a scathing 1,500 word letter to the National Energy Board.

Source: thetyee.ca

>” […] Given the Board’s lack of objectivity it is not surprising that out of the approximately 2000 questions not answered by Trans Mountain that Intervenors called on the Board to compel answers, only 5 per cent were allowed by the Board and 95 per cent were rejected.

The Board had stated that the elimination of cross-examination of the Proponent’s evidence can be evaluated through the two scheduled Information Requests. But we have a Kafkaesque outcome. Trans Mountain refuses to answer questions and the Board does not compel them to do so.

6. The Province of British Columbia stated that “Trans Mountain’s failure to file the evidence requested by the Province in Information Request No. 1 denies the Board, the Province and other Intervenors access to the information required to fully understand the risk posed by the Project, how Trans Mountain proposes to mitigate such risk and Trans Mountain’s ability to effectively respond to a spill related to the Project.”

The Province of British Columbia has the responsibility for undertaking due diligence on behalf of the public trust of British Columbians. The 80 questions Trans Mountain refused to answer — which the Province believed important enough to ask the Board for assistance and compel Trans Mountain to answer — were denied by the Board.

The Board has sided with Trans Mountain dismissing the Province of BC’s need for answers in pursuit of its duty to British Columbians. The NEB’s bias in support of the Proponent is reflecting poorly on the Province of BC in that it is unable to obtain necessary answers to conduct its due diligence. Accordingly, it raises the question as how it is possible for the Province of BC to continue to participate in this hearing process. The Province should cancel the Equivalency Agreement with the NEB on this project and undertake its own environmental assessment as the only meaningful way in which it will be able to effectively obtain the answers it seeks.

The National Energy Board is not fulfilling its obligation to review the Trans Mountain Expansion Project objectively. Accordingly it is not only British Columbians, but all Canadians that cannot look to the Board’s conclusions as relevant as to whether or not this project deserves a social license. Continued involvement in the process endorses this sham and is not in the public interest.

Yours truly,

Marc Eliesen “<

– See more at: http://thetyee.ca/Blogs/TheHook/2014/11/03/VIEW-energy-exec-blasts-Kinder-Morgan-quits/#sthash.lOr1uyt5.dpuf

See on Scoop.itGreen & Sustainable News