Here are the Kinder Morgan Trans Mountain ULC responses to the PIPE UP's Information Request 2: 


Click here to see the Kinder Morgan Emergency Response Plan for Puget Sound:


Intervenor information requests to Trans Mountain about the TERMPOL report [Filing A64923].

Deadline February 18, 2015

This round of information requests is limited to questions to Trans Mountain about the TERMPOL report, the results of which Transport Canada filed on 11 December 2014. Information requests must be served on Trans Mountain, its counsel, and all other intervenors, except on those who have been removed from the email service list at their request.

New deadlines for Round Two Information Requests and Commenters' Letters

On 11 December 2014, Transport Canada filed the report of the Technical Review Process of Marine Terminal Systems and Transshipment Sites (TERMPOL). The Board is mindful that intervenors may wish to ask information requests (IRs) of Trans Mountain about the TERMPOL report and any recommendations that are included within the report. Therefore, the Board has created a specific deadline for intervenors to ask such IRs, which is later than that for the scheduled intervenor IR Round No. 2. The deadline for these TERMPOL-specific IRs is 18 February 2015. IRs filed on this date must be specific to the TERMPOL report and any recommendations that are included within the report.

Please note that the introduction of this TERMPOL-specific IR round does not prevent intervenors from asking TERMPOL-related IRs of Trans Mountain in IR Round No. 2 if they are able to do so. Please note that the Board has extended the deadline for IR Round No. 2 by one week. The new deadline is 16 January 2015.

The Board also confirms that intervenors will have the opportunity to question Transport Canada, the author of the TERMPOL report, on its content. The deadline for these IRs is now 22 June 2015.

The deadline for letters of comment has been extended to allow commenters to consider more evidence filings before filing their letters. The new deadline is 23 July 2015. Commenters that have already filed their letters of comment and do not intend on changing them need not do anything further. Those letters remain on the record and will be considered.

More at


Coming up on Jan. 9 is the deadline for submitting the second round of information requests for the NEB review process for the Kinder Morgan pipeline. The PIPE UP Network is an intervenor and one of our priorities is to ensure that the concerns of our supporters are heard by the NEB. If you have any questions about the application that you would like to be answered by Trans Mountain, you can submit them to Lynn Perrin at

Please submit any questions to Lynn two weeks before the deadline (Dec. 26) if possible. In your questions, please include relevant references to the Trans Mountain Application or supporting reports. If you are interested in becoming more involved with PIPE UP's submission to the NEB, please to express interest in joining our NEB hearing sub-committee. 

To make it easiest for Lynn and the sub-committee, it would be best to try to submit question as close to the IR format as possible. You can see PIPE UP's information request 1 here:

Other helpful links:
The Trans Mountain application
The most recent Exhibit List
PIPE UP Network Information Request Round One
Here is Trans Mountain's response to our Information Request Round One

Here is our Notice of Motion re inadequate response to our Information Request

Here is their reply to our Notice of Motion


National Energy Board (NEB) re Trans Mountain Pipeline ULC. – Trans Mountain Expansion

Trans Mountain Pipeline ULC (Trans Mountain) has submitted a project description for the Trans Mountain Expansion Project, to the National Energy Board (NEB) in accordance with the NEB’s Filing Manual. May 23/2013


See a two page backgrounder on participating in the NEB review of the Kinder Morgan project.

To read Kinder Morgan’s Trans Mountain Pipeline Expansion submission to the NEB please click the link below:

Application for Pipeline Facilities Certificate for the Trans Mountain Expansion Project-May-23-13

Trans Mountain Pipeline ULC. – Trans Mountain Expansion

List of Issues

  1. The need for the proposed project.
  2. The economic feasibility of the proposed project.
  3. The potential commercial impacts of the proposed project.
  4. The potential environmental and socio-economic effects of the proposed project, including any cumulative environmental effects that are likely to result from the project, including those required to be considered by the NEB’s Filing Manual.
  5. The potential environmental and socio-economic effects of marine shipping activities that would result from the proposed Project, including the potential effects of accidents or malfunctions that may occur.
  6. The appropriateness of the general route and land requirements for the proposed project.
  7. The suitability of the design of the proposed project.
  8. The terms and conditions to be included in any approval the Board may issue.
  9. Potential impacts of the project on Aboriginal interests.
  10. Potential impacts of the project on landowners and land use.
  11. Contingency planning for spills, accidents or malfunctions, during construction and operation of the project.
  12. Safety and security during construction of the proposed project and operation of the project, including emergency response planning and third-party damage prevention.


The Board does not intend to consider the environmental and socio-economic effects associated with upstream activities, the development of oil sands, or the downstream use of the oil transported by the pipeline.

National Energy Board Act

Right of Entry

Immediate Right of Entry

 (1) Subject to subsection (2), the Board may, on application in writing by a company, if the Board considers it proper to do so, issue an order to the company granting it an immediate right to enter any lands on such terms and conditions, if any, as the Board may specify in the order

Where immediate right of entry prohibited

(2) An order under subsection (1) shall not be issued in respect of any lands unless the company making the application for the order satisfies the Board that the owner of the lands has, not less than thirty days and not more than sixty days prior to the date of the application, been served with a notice setting out

(a) the date the company intends to make its application to the Board under subsection (1);

(b) the date the company wishes to enter the lands;

(c) the address of the Board to which any objection in writing that the owner might wish to make concerning the issuance of the order may be sent; and

(d) a description of the right of the owner to an advance of compensation under section 105 if the order is issued and the amount of the advance that the company is prepared to make.

Advance of Compensation

105. Where a company has been granted an immediate right to enter any lands under subsection 104(1), the owner of the lands is entitled to receive from the company an amount as an advance of the compensation referred to in subsection 88(1) and where the owner has not received an advance or is not agreeable to the amount of the advance offered by the company, the owner may serve a notice of arbitration on the company and on the Minister requesting that the matter be determined by arbitration. 1980-81-82-83, c. 80, s. 5.

Vesting and registration

106. An order under subsection 104(1) granting to a company an immediate right to enter any lands

(a) shall be deemed to vest in the company any title, interest or right in the lands in respect of which the order is granted that is specified in the order; and

(b) shall be deposited in, and shall be registered, recorded or filed, as the case requires, by the registrar of deeds of, the land registry or land titles office in which land transactions affecting those lands may be deposited, registered, recorded or filed.

From Canadian Association of Energy and Pipeline Landowner Associations

When landowners are denied the right to ‘just say no’ to having a pipeline project plow through their property, a couple of crucial things happen.Property owners are forced to accept a take-it-or-leave-it price for the use of their land, which is a corrupting corporate subsidy and massive transfer of wealth from owners of farms and ranches to owners of shares in pipeline companies.

When the Land Agent Comes Calling Don’t Sign Anything Until You are Absolutely Sure

Participant Funding

The NEB will make funds available under its Participant Funding Program (PFP) to assist directly affected persons to participate in the regulatory process of the proposed Trans Mountain Expansion project.

The NEB will hold public information sessions in fall 2013 in the vicinity of the proposed pipeline to explain the Participant Funding Program and the hearing process. More information, such as dates and locations of the information sessions, will be available on this webpage and in local newspapers closer to the time when the sessions will be held.

Funds will be made available to help persons who are directly affected or have relevant information or expertise review and comment on the project application to be submitted by the proponent, Trans Mountain. Funding must be used to prepare for and participate in the hearing process, which will be announced by the Board at a later date.  To receive funding, all approved recipients will be required to apply to participate and be granted intervenor status in the NEB’s regulatory process for this project.

Funding applications can be submitted beginning now. The hearing date and deadline for applications have not yet been set, as an application has not yet been filed. When the NEB sets a hearing date and deadline for applications, that information will be made public. Funding will only be awarded for hearing related activities conducted after your PFP application has been approved. Please review the Participant Funding Program Guide to determine when and how to apply for funding and what funding will cover.

Interested persons are encouraged to review information on the proposed project before submitting an application. To learn more about the NEB Participant Funding Program, please visit the Participant Funding Program webpage or contact Heather Dodds (, Participant Funding Coordinator at 403-299-3130.

Funding Application

Sample  of Intervenor Application Form

NEB Reasons for accepting and rejecting  Line 9 Intervenor applications

NEB Part IV Toll Hearing Rulings

Letter of comment from Pipe Up Network Nov 7, 2012 

NEB rejects the intervention of residents and their elected representatives in the Part IV toll application

Ecojustice News Release re NEB rejection of interventions

NEB re Kinder Morgan toll hearing postponement with signatures

Response from NEB refusing to postpone or hold hearing in BC

Response from Kinder Morgan lawyers re Intervenor Status

NEB Secretary of the Board re KM letter of October 17 re Intervenor status

NEB rejects requests for Public Information sessions in BC

What is the National Energy Board?

According to the NEB’s website:

“The National Energy Board (NEB) is an independent federal agency established by the Parliament of Canada in 1959 to regulate international and interprovincial aspects of the oil, gas and electric utility industries. The NEB Act provides the authority for how the NEB conducts business.”

Unknown to many Canadians is that the companies the NEB likes to think of as its “partners,” transfer tens of millions of dollars every year to the NEB as a type of royalty or cost recovery fee. That’s right! The federal regulatory agency is funded by the companies it is supposed to impartially regulate.

National Energy Board: Captured Regulator?

What happens when watchdog becomes lapdog?

Read More:

Regulatory Capture – Caepla

“Regulatory capture” are two words that describe what happens when an industry that is supposed to be regulated by an impartial government body, is able to exert so much influence over that body, that the regulator is literally taken captive. When this happens, rather than giving appropriate consideration to the legitimate interests of all stakeholders, the regulator becomes an extension of the industry or businesses it is supposed to monitor and impartially judge or discipline.

Read More:

Canada’s National Energy Board & the Need for Its Reform