Can the Panel consider the Application and carry out its mandate and responsibilities for conducting the environmental assessment of the Project under the Panel Agreement if there is no demonstration of market support for the Project and it does not comply with the National Energy Board's filing requirement of demonstrating economic feasibility and need?KMC suggests that there are at least three grounds for deferring consideration of the application:
- Failure to comply with the NEB Filing Manual Requirements for Section 52 Applications;
- Adverse impacts on pipeline competition;
- Inability of the Panel to discharge its obligations under the Panel Agreement
The joint review panel process is the most intensive type of environmental assessment in Canada. For the Panel to be afforded the best evidentiary record, all parties must be provided with sufficient information to test whether the proposed facilities are needed and necessary and in the public interest. The absence of this contractual information means there is a real and unnecessary risk that the joint review process would become inefficient and wasting the significant resources of not only the Panel, but also of all of the participants in this proceeding.Read the KMC letter at: KMC letter dated September 8, 2010.