Canadian pipeline companies tell NEB to limit funding for intervenors

The Canadian Energy Pipeline Association (CEPA) has submitted comments to the National Energy Board (NEB) related to plans for the funding of participation in NEB processes by intervenors such as directly affected landowners.  In a letter addressed to the Secretary of the NEB, CEPA says that it believes it is "uniquely placed to offer our observations based on past experience."  In sharp contrast to the position taken by CEPA-member companies in the past, CEPA now suggests that funding for costs is an "appropriate and fair way" for intervenors to bring their views forward.  However, CEPA also says that:

Participants should be held accountable for their contribution to decision-making processes. Upon receipt of a cost claim (or through what ever accounting mechanism is adopted), NEB should conduct a post-hearing evaluation of the relevance of a participant’s contribution to the hearing, and costs should be awarded based on that evaluation. Cost awards should not necessarily cover 100% of costs incurred.

CEPA advocates close control of eligibility for costs and holding participants accountable for their "performance".

Read the CEPA letter at: Sept. 28, 2010.

NEB discusses plans for intervenor funding - still not available

In a letter to the World Wildlife Federation (WWF), the National Energy Board (NEB) confirms that it has had approval from Parliament since July to initiate a funding program for intervenors including landowners in its oral hearings processes, but that the program is still not in place.  WWF asked whether funding would be available for participation in the NEB's upcoming review of oil and gas drilling in the Arctic.  The NEB confirmed that funding through an intervenor funding program would not be available for the review.  Funding may become available for:

• Certificate of public convenience and necessity for a pipeline (section 52); Exempting orders respecting pipelines (section 58);

• Certificate of public convenience and necessity for an international or designated interprovincial powerline (subsection 58.16);

• Abandonment of an international or designated interprovincial powerline (subsection 58.34); and

• Abandonment of a pipeline (section 74). 

At present, landowners have no ability to recover costs for participating in those NEB processes.  The NEB has recently confirmed that even if funding does become available in the future, it will not apply to processes that are already underway.  However, since the funding program would be solely a procedural change to the process, there seems to be no legal reason why the NEB could not choose to provide funding to participants in ongoing processes.  For that reason, the NEB appears to have made a policy decision that it will not subject companies to the intervenor funding program unless the program was in place at the time an application was filed.  One can only guess at the reason for the decision.

Sierra Club asks NEB for intervenor funding to participate in offshore drilling consultation process

The National Energy Board has recently publicized its move toward introducing a funding process for intervenors in its public hearings.  The Sierra Club has written this week to request funding to participate in a consultation process concerning offshore oil drilling in Canada.  Will funding be made available?