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.

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Kinder Morgan may pick up tab for policing during protests


VANCOUVER — The Globe and Mail

Kinder Morgan is not ruling out the possibility of covering policing costs due to protests around recent pipeline survey work in Burnaby, but says someone would have to send them a bill before they could decide whether to write a cheque.

Burnaby Mayor Derek Corrigan, a prominent and vociferous critic of Kinder Morgan’s pipeline project, has raised the idea in an interview with a local newspaper.

But Ali Hounsell, speaking for the company, which has been doing initial drilling in Burnaby, said they can only go so far in commenting on an idea that has been floated in the press.

“It’s preliminary to say we would or we wouldn’t [pay] because we haven’t been officially asked,” Ms. Hounsell said in an interview on Sunday. “Had [Burnaby] told us directly they would be sending us the bill, it might be more clear, but [the suggestion] has only been in the media.” she said. “If [Mr. Corrigan] sends us a bill, we’ll assess it then.”

In late November, Mr. Corrigan told the Burnaby Now newspaper the city would try to get Kinder Morgan to pay for policing costs.

“We will be following up and we will be telling the National Energy Board that we consider Kinder Morgan responsible,” he told the newspaper.

In the same article, Staff Sergeant John Buis of the Burnaby RCMP said police officers cost about $100 a hour to be on the mountain.

The court injunction took effect Nov. 17, but the police response was stepped up three days later, the newspaper reported.

Mr. Corrigan did not respond to multiple calls on Sunday. RCMP officials did not reply to e-mailed questions.

The B.C. Justice Ministry, asked about the issue on Sunday, said in a statement that the police act required all municipalities to pay for policing within their municipal boundaries. Any arrangements between municipalities and third parties does not involve the province, the statement said.

Kinder Morgan is proposing to expand its Trans Mountain pipeline, which runs between Alberta and Burnaby.

To that end, it has been drilling a pair of test holes in Burnaby Mountain to assess the depths of the mountain – a route for the new pipeline, which has yet to be approved by the National Energy Board.

However, the effort has drawn scores of protesters opposed to efforts to transport Alberta oil sands crude. About 100 people were arrested and faced mostly civil-contempt proceedings for violating a court injunction to keep them from the work sites.

The RCMP enforced that injunction with a policing effort that involved scores of officers on duty 24 hours a day all week.

On Thursday, a judge threw out the civil-contempt charges because the company acknowledged providing incorrect GPS co-ordinates when it sought the initial court order.

As a result, the injunction was set to expire Dec. 1 as opposed to the Dec. 12 extension the company was seeking.

The company cleared out its equipment and crews over the weekend.

Talks are ongoing with a restaurant in the area that had its road access blocked as a result of the drilling. “We certainly want to ensure they and their employees aren’t impacted.”

Ms. Hounsell said Kinder Morgan expects further activism as a result of future work on their energy project. “I guess we might have to be prepared for this sort of thing to happen again.”

Ms. Hounsell said the results of the drilling are being assessed, but there were no surprises. That means any pipeline extension could be built with a “trenchless technique” – either a tunnel or a directional drill through the mountain.

“If, in fact, the pipeline gets approved and this option is the way we go, we won’t have to be on the surface of Burnaby Mountain again. We’ll just go right through it.”

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Alberta Pipeline Spills 60,000 Litres Of Crude Into Muskeg, Says Energy Regulator

Posted: 11/29/2014 

RED EARTH CREEK, Alta. - The Alberta Energy Regulator says close to 60,000 litres of crude oil have spilled into muskeg in the province's north.

An incident report by the regulator states that a mechanical failure was reported Thursday at a Canadian Natural Resources Limited (TSX:CNQ) pipeline approximately 27 kilometres north of Red Earth Creek.

The report says there are no reports of impact to wildlife and that a cleanup has begun.

Red Earth Creek is over 350 kilometres northwest of Edmonton.

Carrie Rosa, a spokeswoman for the regulator, says officials have been delayed reaching the scene due to poor weather in the last few days.

No one from Canadian Natural Resources could be reached on Saturday for comment.

In April, a pipeline owned by the company spilled 70,000 litres of oil and processed water in the region.

The Alberta Energy Regulator said at the time that the spill northwest of Slave Lake was not near any people, water or wildlife.

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Proud son, Rueben George, watches over his mother during eventful day on Burnaby Mountain

Proud son, Rueben George, watches over his mother during eventful day on Burnaby Mountain

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Massive crowd on Burnaby Mountain, as Kinder Morgan injunction takes effect

What started as a trickle of oil-pipeline protesters two months ago has spilled into a massive anti-Kinder-Morgan movement on Burnaby Mountain, if Monday night's crowd is any indication.

More than 800 people showed up at 4pm – the exact time a B.C.-Supreme-Court-ordered-Kinder-Morgan injunction took effect.  

It is now illegal for protesters to interfere with the company’s controversial pipeline survey work for the Trans Mountain pipeline expansion.  The RCMP were everywhere, but neither they nor the court order seemed to stop the crowds from expressing their anger at the project.  Youth, seniors, native, non-native all showed up in force.

More notably, First Nations leaders led the fiery speeches.

"The government is unable to look out for the lands and the waters," said Ruben George with Tsleil-Waututh Nation. "So we as the Tsleil Waututh people  - we will look out for you!”

“And that’s why we’re suing em’!” said George, to roaring applause.

Kinder Morgan Burnaby Mountain protest post-injunction - Mychaylo Prystupa

Kinder Morgan protest on Burnaby Mountain, post-injunction, on Monday night.  Photo by Mychaylo Prystupa.

Those attending to the conservation park on the mountain lately have seldom seen a larger crowd.  Live TV crews, satellite trucks, photographers and film-makers were everywhere.  Helicopters and planes buzzed overhead.  A drone was seen, too.

“Our actions of what we do, are for everybody," continued George. 

"The reason why we as a nation step forward, because of this flawed process of the National Energy Board, who are allies with these pipelines… [Prime Minister] Harper is looking out for his buddies," he yelled.

Texas-based Kinder Morgan was asked to comment on this story Monday evening.  We will update this article when they respond.  The company is attempting to do geo-technical work required by the NEB for the board to consider a proposed re-routing of the pipeline under the mountain, to avoid homes and streets.


But both the company and the NEB are now facing several legal attacks.  Enviro groups and First Nations state the board's requirement that hearing participants be "directly affected" is unconstitutional, because it denies those who wish to speak up about climate change for example.

The troubles for the pipeline on the mountain first heated up this summer.

That's when the City of Burnaby and its mayor said the project was trespassing municipal lands.  Legal battles ensued, culminating in a order from the National Energy Board to allow the survey work to proceed.

But protester clashes with the company's crews in late October seemed to drive wider public interest.  

SFU professor Lynne Quarmby Kinder Morgan Burnaby Mountain - Mychaylo Prystupa

SFU professor Lynne Quarmby at Kinder Morgan protest on Burnaby Mountain, post-injunction on Monday night.  Photo by Mychaylo Prystupa.

The company filed an injunction and civil suit against two SFU professors, an administrative worker, a retiree and a young activist.  Public reaction, on theVancouver Observer website for example, has been overwhelming.  A story about the social media hashtag "#KMFace"  - a mocking of the company's claim that protesters' facial snarls were a form of "assault" -- garnered so much traffic it nearly crashed the server.  

Simon Fraser University biochemistry professor Lynne Quarmby is one of those sued by the company.  She attended tonight's rally.

"I think it's amazing!  I think it's empowering.  It gives me strength to be brave," said Quarmby at the edge of the crowd, Monday night.

Kinder Morgan protesters on Burnaby Mountain post-injuntion - Mychaylo Prystupa

Kinder Morgan protesters on Burnaby Mountain after the company's injunction took effect, Monday evening.  Photo by Mychaylo Prystupa.

Many in the protest movement wondered if people would respond tonight.  After all, Quarmby and her co-defendants now face serious legal troubles, not to mention legal bills.  

But with the size of the crowd, it is becoming clear the company is facing a serious public relations issue for its $5.4-billion pipeline.  The project seeks to pump 890,000 barrels per day of oil sands bitumen from Edmonton to Burnaby, and onward to Pacific markets via 400+ massive super tankers per year out the Port of Vancouver.

Musqueam Audrey Siegel Kinder Morgan Burnaby Mountain protest Mychaylo Prystupa

Musqueam leader Audrey Siegel at the Kinder Morgan protest on Burnaby Mountain on Monday night.  Photo by Mychaylo Prystupa.

Musqueam leader Audrey Siegel thanked everyone who came - Aboriginal and non-Aboriginal, before leading a "women's warrior song."

“This is sacred – this Indian land.  And it is sacred not just for First Nations, it is sacred for everybody.  We are all here, we all share this.  We all share in the responsibility.”

"There will be no pipelines…. No tankers… no fracking.. because we don’t want your dirty oil!"

“Keep using your voices.  Keep standing strong. Bring more people out here every time.  Educate people on the truth,” said Siegel, to loud applause.

RCMP told the crowd they did not intend on arresting anyone, and had not by the time of publication.

The City of Burnaby is appealing the court's order enabling the survey work in the B.C. Supreme Court on Wednesday.  Newly re-lected Burnaby Mayor Derek Corrigan thanked citizens for their "courage" but cautioned them against breaking the law.  

He asked people to "have faith" in the city's legal battle against the pipeline company, saying "we are in for the long haul."  Corrigan added that he was fighting for cities all across Canada contending with unwanted oil pipelines.

The City also filed an appeal in a federal court challenging the National Energy Board's order permitting the survey work.

Last week, Kinder Morgan Canada president was asked by a reporter if he worried the Burnaby Mountain situation could spiral into a "Clayoquot Sound" type situation - a logging protest in the 1990s that caught worldwide attention when 800 protesters were arrested.

“I most definitely have those thoughts," confided Ian Anderson.

"These are interesting difficult times we’re in.  We know the public voices that are present…  We are listening to the voices of opposition, and the voices of supporters as well.”

Updates to come.

Kinder Morgan Burnaby Mountain protest post-injunction - Mychaylo Prystupa

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