letters regarding transcanada energy east pipeline project sent to chief morris swan-shannacappo

8/10/2019 Letters Regarding TransCanada Energy East Pipeline Project Sent To Chief Morris Swan-Shannacappo

1/7

ational

Energy

T

Office

national

Board

de

lOnergie

File

OF-Fac-Oil-E266-2014-O1

0101

23

April 2014

Chief

Morris Swan-Shmnacappo

Rolling

River

First

Nation

P.O.

Box

145

Erickson,

MB

ROJ

Facsimile

204-636-7823

Dear

Chief

Swan-Shannacappo:

Tra

ns

an

ada Energy

East

Pipeline

Project

The

National

Energy

Board

Board is a

federal

regulator

that regulates

pipelines

across

Canada,

specifically

pipelines

that

cross provincial

boundaries

and

the

border

into

the

United

States.

The

Board

is contacting

you

since

your

community

may

be

impacted

by

a

pipeline

project

for

which

the

Board

has received

preliminary

filings.

On

4 March

2014 TransCanada

filed

a

Project

Description

with

the

NEB regarding

a proposed

oil

pipeline.

The

proposed

project

is known

as

the Energy

East

Project

th e

Project .

Attached

to

this

letter

you

will

find

a

summary

of

the

Project

a project

map

and

TransCanada

s contact

information.

After receipt of

an

application

and

ensuring

it

is

complete. the

Board

will

schedule

a

public

hearing

on

this

Project.

One

purpose of

the

hearing

process

will

be

to test

the

Project information

referred

to as

evidence

in

the

hearing ,

which

will

have

been

filed

with

the

Board.

The

information

will

be publicly

available

on ou r

website

at

http:/Iwww.neb-one.c.caJ

and can

be

accessed

by

clicking

on

View

under the

heading

Regulatory

o

cum

en

ts

This

information

will include details

of TransCanadas Aboriginal

consultation

program

and

the

outcomes

of that

program. It

will

also

include

information

from

TransCanada

regarding

the impacts

the

Project

may

have

on Aboriginal

interests

and any

proposed

mitigation

measures.

Another

purpose of

the

hearing

process

will

be to allow

persons

who

are

directly

affected

by

the

Project,

or have

relevant

information

or

expertise

relating

to

the

project,

to express

their views.

These

could

include

views

in

favour

or

against

the

Project

or views on how the Project may

impact

Aboriginal

communities,

the use

of

traditional

territory

and

any potential

or

established

Treaty or

Aboriginal

rights.

To

see

the Project Description

filed

by

TransCanada.

enter

the

Document

ID

number

A59l 29

in

the

yellow

Looking

for filing?

box an d

click

on

Go.

444

Seventh

Avenue

SW

Tdephoneflelephone

403-292-4800

Calgary

Alberta

T2P

oX8

Facsimileffelecopeur

403-292-5503

http://www.neb-onegc.ca

444, Septime

Avenue

5 0

Tdephone/Telephone

1-800-899-1265

calgary

Alberta

T2P

0X8

Facsimile/Telecopieur

1-877-288-8803


2/7

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3/7

r

ans

an

ad

a

Energy

East

Pipeline

Project

Project Summary

On

4 March

2 14

TransCanada

submitted a project description

for

the

proposed

Energy

East

Pipeline

Project,

4 6

kilometre

pipeline

that would

carry

1.1

million barrels

of

crude oil

pe r

day

from

Alberta

and

Saskatchewan

to

refineries

in

Eastern

Canada.

The

proposed

project

would

include:

Converting

an

existing

natural

gas

pipeline

to

an oil

transportation

pipeline:

Constructing

new

pipeline

in

Alberta,

Saskatchewan,

Manitoba,

Eastern

Ontario,

Qubec

and New

Brunswick

to

link

up

with

the

converted

pipe;

and

Constructing

the

associated

facilities, pump

stations

and tank

terminals

required to move

crude

oil from

Alberta

to Qubec

and

New

Brunswick.

including

marine facilities

that

enable access

to other

markets

by ship.

The

planned

starting

point

is a

new

tank

terminal

in

1 lardisty.

Alberta.

Three

other

new

terminals

would

be

built

along

the

pipelines

route:

One in

Moosomin,

Saskatchewan.

one

in

Cacouna.

Qubec

and another

in

the Saint

John,

New

Brnnswick

area.

The

Qubec

and

New Brunswick

terminals

would

include

facilities

for

marine

tanker

loading.

The

project

would

also

deliver

oil

to

existing

Qubec

refineries

in

Montral,

near

Qubec

City,

and

in Saint-John.

New pipeline

would

be

built in

Alberta,

Saskatchewan,

Manitoba,

Eastern

Ontario,

Qubec

and

New

Brunswick.

If

you

would

like to

discuss

details

or

require

additional

information

about

the

Project,

the Board

encourages

you

to

contact

the

applicant,

TransCanada,

directly

at:

Ms.

Adrienne

Menzies

Facilities

Applications Manager

Telephone:

403-920-5364

and

e-mail:

adrienne

[email protected]

If you

would

like

a copy

of the

Project Description,

it

can

be

obtained

from

Adrienne

Menzies.

It

can

also

be found

on the

Board

website

ht;p://www.neh-one.gc.ca

by clicking

on

View

under

the

heading Regulatory

Documents,

entering

the

Document

ID

number

A59

129

in the

yellow

Looking

for

filing?

box

and clicking

on

Go.


4/7

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5/7

u

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ti

e

FUNDING

AVAILABLE

TO

PARTICIPATE

IN

THE

NEBs

REGULATORY

PROCESS

REGARDING

THE

ENERGY

EAST

PIPELINE

PROJECT

The

National

Energy

Board

is making

2,500,000

available

under

its

Participant

Funding

Program

to

assist landowners, Aboriginal

groups,

incorporated

non-industry,

not-for-profit

organizations,

and other

interested

persons

to

participate

in

the regulatory

process

of the proposed

Energy

East

Project.

higher

amount

may

be

considered once

applications

for funding

are received.

TransCanada

filed

a

project description

on

March

2014, informing

the Board

that an

application

seeking

approval

for

Energy East

will be

submitted

later

this

year.

The proposed

project would

include

converting

an

existing

natural

gas

pipeline to an oil

transportation

pipeline

and the

construction

of

new

pipeline

segments

to transport

oil

from

Alberta

to ew

Brunswick.

The

funding

available

will

help

those

who are

interested

reviewing

the

Energy

East

application

and

participating

the hearing.

Interested

persons

are encouraged

to

review

information

on

the proposed

project, including

the

List

of Issues,

before

submitting

an

application

for

funding.

Funding

must

be used

to

prepare

for

and

participate

the

hearing.

Details

about

the

hearing

will

be

announced

y the

Board

at a later

date.

To

receive

funding,

interested

persons

must

apply

for

and be

accepted

as

an Intervenor

the

NEBs

regulatory

process.

Only

persons

who are

directly affected

or persons

who

in the Boards

opinion,

have

relevant expertise

or

information,

can

be

accepted

as

Intervenors.

funding

review

committee,

independent

of the

regulatory process,

will

consider

all

applications

for funding

and make

recommendations

on

the

allocation

of funds.

Funding

applications

should

be

submitted

soon

possible.

Funding

will

only

be

awarded

for

hearing

related

activities

conducted

after

you

have signed

a

Contribution

Agreement.

Information about

the

Participant

Funding

is

available on

the

Boards

Web

site www.neb-onepc.ca)

under

Public Participation;

select

Participant

Funding

Program. Please

review

the

Participant

Funding

Program Guide

to

determine

when and

how to

apply for

funding

and

what

will be covered.

For

more

information,

please

contact:

Participant

Funding

Program

Coordinator

Tel:

1-800-899-1265

E-mail:

[email protected]

Web

site:

www.neb-one.pc.ca


6/7

Natural

Resources

Ressources

naturelles

Canada

Canada

28

April 2014

Chief

Monis

Swan Shannacappo

Rolling

River

First

Nation

P O

Box

145

Erickson

MB

ROJ

Facsimile

204 636 7823

Dear

Chief Swan Shannacappo:

The purpose of this

letter is to inform

you

of

the

federal Crowns

Aboriginal

consultation

process

for

TransCanadas

proposed

Energy

East

Pipeline

Project that

is

subject

to a

regulatory

review

tinder

the

Canadian

Environmental

Assessment

Act and

the National

Energy

Board Act

The

Government

of

Canada

is

committed to

meeting its legal

duty to consult

whenever

it

contemplates

conduct that

could

adversely affect

established

or

potential

Aboriginal

or

treaty

rights

The

Government

takes its

consultation

responsibilities very

seriously

and

will

take the steps

necessary

to

ensure that

its

consultations

are meaningful

and the

Crowns

legal

obligations

are

discharged

honourably.

For

the proposed

Energy East

Pipeline

Project the

Crown

will rely

on the

National

Energy Boards

NEB

public

hearing

process

to the

extent

possible

to

identify

consider

and address

the

potential

adverse impacts

of

the

proposed

project on Aboriginal

and

treaty rights

and

to fulfil the

legal

duty to

consult.

The

NE B

public

hearing process

is

where

the vast

majority of Canadas jurisdiction

on

pipeline

projects

is

administered.

The

process

provides an

open

comprehensive

and

participatory

venue for Aboriginal

groups

and

other

affected

parties

to

express

their

concerns

and

interests

related

to

a

proposed

project

The

NEB

is

mandated

to

address

such

impacts

to

Aboriginal or

treaty

rights

through

the

assessment

of

potential

environmental

effects

and

the

identification

of

mitigation

and

avoidance

measures.

Following

receipt

of

a

complete

project

application

the

NE B

will release

a

Hearing

Order that

will

provide

a detailed

overview of

the

steps

in

the

review

process,

and outline

the

various

opportunities

for

Aboriginal groups

to

participate.

During

the

NEB

hearing

process the

Crown

will

be tracking issues

raised

by Aboriginal

groups

Matters brought

forward

will be

assessed

to

determine whether additional consultation obligations

may

exist

The

Crown

will

be

conducting

additional consultations

as appropriate

after the

close of the

NEB

hearing

record

to

ensure

that

all

Aboriginal

concerns have

been

appropriately

addressed and the

Crown

has

the

necessary

information

on potential

effects

on

Aboriginal or

treaty

rights

to

inform a

decision

on

the project.

Federal

departments

with

regulatory

responsibilities

for th e

proposed

project will

also

participate

in the

NEB

process

to

further

understand

the

concerns

Aboriginal

groups

may

have about

the

possible

effects

of their

regulatory

decisions

on

Aboriginal

or

treaty rights

n

d


7/7

Federal

authorizations

for

the proposed

project will

only

be

issued once

the Crown

determines

that its consultation

obligations with

respect

to

each of

these

authorizations

have

been

discharged

and

that

all

regulatory

requirements

have

been met.

The

Government

of

Canada

encourages

all

Aboriginal

groups whose established

or

asserted

rights could

be

impacted

by the

project

to

apply to the N EB

to

participate

in

the

public

hearing

process

A

dedicated participant

funding

program

has

been

pu t in place

to

support

this

participation.

To

further facilitate

participation

in

the

NEB process

all

regulatory

documents

pertaining

to

the

proposed

project

will b e

publicly

available

on

the

NE B

website.

The

Government

of

Canada

also

encourages potentially-impacted

Aboriginal

groups

to

engage

directly

with TransCanada

as

the

project

proponent

has the

ability to make

changes

to

the

project

to address

any

specific

concerns

raised.

The proponent

is required

by the

NEB

to

engage

and

consult

with potentially

affected

Aboriginal

groups

to explain

the proposed

project

and

provide

an

opportunity

to discuss

any

concerns

that may

need

to

be

addressed before decisions

are

made. The

proponent

will

submit information

on

the

nature

of concerns

raised

by Aboriginal

groups

and

its efforts

to

address

them

through

its

project

design

and

mitigation

measures

Any

unresolved

concerns

should

be

brought

forward

through

the NEWs

hearing

process.

NE B

and NRCan

officials

would welcome

the

opportunity

to meet

with

you

in

person

to

discuss

the

review

and

consultation

process

in

greater detail

respond

to any questions

or

concerns

that you

may have at this time

and provide further

information

on

how

yo u can

participate

in the

project review

process

An

official

will

be in touch

with

you in the

coming

weeks

to

offer

such

meeting.

If you w ish

to

obtain more information regarding

the overall Crown

approach

to

consultation

please

contact me

at 613-947-9265

or

[email protected].

Should you have

any

questions

related

to

the N EB

hearing process

please

contact

Thea

Wingert

directly

at 403-299-3315

through

the

Boards

toll free number

at 1 800 899

1265

or

by

e-mail

at

thea.wingert@neb-one. c.ca.

Sincerely

Jim

Clarke

Director

General

Operations

Major Projects

Management

Office