Turning a blind eye: NEB won't consider NTSB Kalamazoo Rupture findings in deciding on Enbridge Line 9 Reversal Application

The National Energy Board (NEB) has released a decision dismissing a motion by the Ontario Pipeline Landowners Association (OPLA) that requested the re-opening of the evidentiary record of the Enbridge Line 9 Reversal Project hearing process to allow the NEB to consider the report of the NTSB into the Line 6B Rupture in 2010.  Although the NEB was "satsified that the synopsis and full report could contain information that is relevant to the Project", it ruled that:

• it is "mindful that Enbridge and parties, who have fully presented their case, are entitled to a timely decision from the Board";
• the NEB "was fully aware that this NTSB report would be issued.  Still, the Board commenced its proceeding and conducted a public hearing without waiting for this report.";
• although the NEB has yet to release a decision on the Line 9 Reversal, "the Board is satisfied that it has conducted a comprehensive assessment against its own set of regulatory requirements and applicable Canadian standards to determine whether Enbridge has the ability to safely construct and operate the Project.";
• "The Board is of the view that it has all the information it needs to be able to make a final decision on Enbridge's Project."

The NEB's decision begs the question: what harm is there in considering the report of a sister regulator into Enbridge's operational and integrity management systems?  Not only has the NEB declined to postpone its decision on the Line 9 Reversal until it has reviewed the final report of the NTSB, it has declined even to consider the NTSB synopsis that is already available.

Read the decision at: July 20, 2012.