Kitimat asks Joint Review Panel to clarify, reconsider decision to bypass town for final hearings

The District of Kitimat has asked the Northern Gateway Joint Review Panel to reconsider its decision to bypass the town for the final questioning and final argument hearings “given the significant impact the project will have on Kitimat.”

On July 16, 2012, Mayor Joanne Monaghan sent a letter to the JRP asking for the reconsideration. That letter was posted recently on the JRP website.

Monaghan’s letter says:

The District of Kitimat occupies a key location in the Northern Gateway project. Enbridge’s pipeline will terminate in Kitimat and the new terminal for shipping bitumen will be located here. Our community will not only be subjected to the risks posed by two pipelines, but also is the only community along the pipeline route that will be assuming the risks associated with tanker traffic on Douglas Channel.

We understand that the Joint Review Panel chooses appropriate hearing facilities that are safe, of adequate size and can logistically and technologically accommodate a hearing with many participants. Kitimat can comfortably provide all of those components, therefore we request clarification on the decision to exclude Kitimat from the hearings.

On July 5, the JRP decided to hold the the questioning hearings will begin on September 4, 2012 in Edmonton followed by hearings in Prince George and Prince Rupert.

The Joint Review Panel was able to hold a successful preliminary hearing at a packed Riverlodge Recreation Centre, in Kitimat, in August, 2010 and the National Energy Board held hearings on the KM LNG project at Riverlodge in June, 2011. The current JRP hearings were held at the Haisla Recreation Centre at Kitamaat Village at the request of the Haisla Nation to accommodate the needs of the Elders.

 

District of Kitimat Letter to JRP  (pdf)

Province of BC refuses to provide witnesses for Gateway Joint Review hearings

The province of British Columbia has refused requests from some of the intervenors in the Northern Gateway Joint Review to provide witnesses for cross-examination during the final stages of the hearings.

In a letter to the JRP dated on July 20, and posted recently on the JRP website, Christopher Jones, counsel for the province in the hearings says: “I write only to note that the province is an intervnor, not a government participant. Also as the province has not filed evidence, it will not be providing witnesses for cross-examination at the final hearings.”

It was just four days later that Premier Christy Clark and members of her cabinet, in releasing the  Liberal government’s five conditions for the Northern Gateway project which called for “Successful completion of the environmental review process.”   The provincial government has consistently refused to take part in the proceedings, and with the credibility of the Joint Review process already under question because of the limitations on reviews in Stephen Harper’s Bill C-38, BC’s continued refusal to participate can only further undermine that credibility.

 
Province of British Columbia Questioning at Final Hearings (pdf)
 

Christy Clark’s Gateway conditions overturn west coast tanker moratorium, Dix tells reporters

Adrian Dix and Rob Goffinet
BC NDP leader Adrian Dix, right, speaks to Kitimat Councillor Rob Goffinet, left, after a breakfast meeting with District of Kitimat Council members on July 30, 2012. (Robin Rowland/Northwest Coast Energy News)

B.C. premier Christy Clark’s five conditions for the Northern Gateway Pipeline, in effect, overturn the west coast tanker moratorium, NDP and Opposition leader Adrian Dix told reporters in Kitimat, Monday, July 30, 2012.

Dix made the remarks after a breakfast meeting with members of District of Kitimat Council prior to embarking on a three day trip down Douglas Channel and the Inside Passage to see the proposed tanker route for himself.

The second of the five conditions for the pipeline, set out last Monday by Premier Clark calls for:

World-leading marine oil spill response, prevention and recovery systems for B.C.’s coastline and ocean to manage and mitigate the risks and costs of heavy oil pipelines and shipments

“It is an overturning of what’s been a government of BC policy for a long time, which is for a moratorium for super tankers on this part of the coast. That’s not a condition, that’s an overturning,” Dix said in a brief scrum with reporters after the breakfast and before heading to Kitamaat Village to start his boat trip.

“The frustration is that our premier’s position is that we should sell our coast got for money.  The premier has a report that says the projects bad for the province, it’s bad for the economy, it’s bad for the environment, that’s the concluson of her report and now she says ‘we’ll forget about that if you give us a few bucks.’

“I don’t think most people agree with that in British Columbia and so what we’ve tried to do is to take a more serious approach. In this case, the province gave up our jurisdiction. If people are concerned about spills and concerned about the environmental impact as the Liberal purport to be, they wouldn’t have handed over the right to decide on environmental assessment fully to the federal government, which, by the way supports, the project.”

The Clark had government had declined to take part in the Northern Gateway Joint Review process and so did not produce any evidence for the panel prior to the filing deadline.

Dix said the Liberal policy on the JRP was, “Like a student who misses a deadline for a term paper, they missed the deadline to produce evidence in the process and now after the debate has gone on, the Premier wants to get into the debate.”

He concluded by saying, “This isn’t about her, it isn’t about me, it’s about the economy and the environment of this province for decades to come. And that’s the approach we’ve  [the NDP Opposition] taken.”

The “informal” tanker “moratorium” has been in effect since 1972 and requires oil tankers transiting the west coast to remain fire out to sea and away from Dixon Entrance, Hecate Strait, and the Queen Charlotte Sound.

In 2009, Stephen Harper’s Conservative government said there was no moratorium on tanker traffic on the coast of British Columbia and have maintained that position ever since.

In December 2010, the House of Commons passed a non-binding motion to ban bulk oil tanker traffic in the Dixon Entrance, Hecate Strait and Queen Charlotte Sound.

Dix said he was, “In Kitimat to meet with the community and of course in Kitimat village with the Haisla. Later today he will go  “for a trip down where the tankers will go if the Enbridge project succeeds, go down the Channel to Hartley Bay and then over the next couple of days to Bella Bella. Dix said hew as in the northwest to “take note of that in person. I always like to see things for myself, meet with people and hear what they have to say.”

Christy Clark’s conditions bring political storm east of the Rockies

More doubts about Enbridge after Wisconsin oil spill

Enbridge shuts Wisconsin pipeline after spill

RTA, CAW reach tentative agreement, ending threat of lockout or strike at aluminum smelter

Both Rio Tinto Alcan and the Canadian Autoworkers Local 2301 have announced the union has reached a tentative agreement with the company for a new contract.

Details posted on the CAW 2301 website says ” parties negotiated a marathon session lasting 29 hours leading to the tentative agreement on Tuesday July 24th at noon.”

Some of the features of the tentative agreement are as follows:

• 5 year agreement
• Wages: Year 1 – 3%, Year 2 – 2.5%, Year 3 – 2.5%, Year 4 – 2.5%, Year 5 – 3%
• Job security letter (no lay-offs) re-signed
• All temporary workers hired to full-time
• Five terminated temporary welders hired to full-time
• $2500.00 Signing bonus for regulars, temporaries and LTD members
• Agreement on classifications for workers in the KMP
• Pension multiplier increases
• Retiree benefits increases
• Active employee benefit increases
• Increases to Shift, Weekend, Skilled Trades and Kemano premiums

An RTA release says “We are pleased to have reached a tentative agreement with the union representatives at our Kitimat aluminium smelter and powerhouse operations in Kemano – one that is in the best interests of our workforce and reflects Rio Tinto Alcan’s long-term strategy and commitment to British Columbia,” said Etienne Jacques, chief operating officer, Rio Tinto Alcan Primary Metal, North America. “This agreement will enable us to complete an efficient transition from the actual smelter to the new one and ensure our long term competitiveness. This is an important achievement, as we gear up for the transformational Kitimat modernisation project”.

The Kitimat smelter produced 168,000 tonnes in 2011. The smelter modernisation project which will increase capacity to 420,000 tonnes per year is still ongoing.

In the news: Alberta to BC drop dead, the pipeline is going ahead and you don’t get any money

Alison Redford accuses BC of “dividing Canada” with pipeline conditions

The premier of Alberta, Alison Redford, has released a stinging news release on the conditions outlined by British Columbia for pipelines crossing the province and tanker traffic on the coast.

A key phrase in the release says:

Leadership is not about dividing Canadians and pitting one province against another—leadership is about working together. That’s when our country benefits—that’s when Canada leads. Through a Canadian Energy Strategy, the provinces and territories together will reach their full energy potential and contribute to increased prosperity and a higher standard of living for all Canadians.”

Political analysts are interpreting Redford’s statement with its references to “free trade” as meaning that Alberta has rejected BC’s demand for a “fair share” of energy revenue.

The Globe and Mail quotes Alberta’s Official Opposition leader, Danielle Smith of the Wildrose party, as saying  BC . should be looking for more money from the federal government.

In Ottawa, the pro-pipeline Minister of Natural Resource, Joe Oliver, issued an unremarkable statement promoting  responsible resource development that managed to avoid mentioning the BC announcement; a statement that could be regarded as a classical press release that says absolutely nothing.
 

 

Here is the complete news release as posted on the premier’s website:

Premier Alison Redford issued the following statement following the Government of British Columbia’s announcement regarding the Northern Gateway Pipeline:

Alberta is committed to building our country and cementing Canada’s position as a global energy superpower. Leadership is about working together, and that’s when our country benefits from our energy economy.

Today, the Government of British Columbia released a list of requirements to be met to satisfy their concerns about the perceived environmental risks associated with the Northern Gateway Pipeline. Every Canadian, no matter what province they call home, expects that energy development is done with a high degree of environmental safeguards. This is why a rigorous environmental review is underway by the National Energy Board. It is why the company involved has committed an additional $500 million for increased monitoring and safety measures. These efforts, combined with the fact that pipelines are still by far the safest means by which to transport oil, significantly mitigate the environmental risk and weaken the BC government’s argument for compensation based on potential risk.

As Alberta has said repeatedly, and as we saw in the recent report from the Senate’s Energy, Environment and Natural Resources Committee, accessing new energy markets is a national imperative. It is essential for the economic benefit of Canada.

Our confederation works as well as it does because of the free flow of goods and products through provinces and territories—including forest products, oil, liquefied natural gas, potash, uranium, grain and manufactured goods.

We’ve worked very hard through our New West Partnership to ensure free trade across the BC/Alberta/Saskatchewan borders and the shared economic rewards have been great for our citizens.

Leadership is not about dividing Canadians and pitting one province against another—leadership is about working together. That’s when our country benefits—that’s when Canada leads. Through a Canadian Energy Strategy, the provinces and territories together will reach their full energy potential and contribute to increased prosperity and a higher standard of living for all Canadians.”

New US report slams Enbridge for spill record, as scientific investigation opens into diluted bitumen

A new US report is slamming Enbridge for its record on oil spills, just as the BC government set out strict new conditions for building pipelines and tanker traffic in the province.

The United States National Wildlife Association issued a report today called Importing Disaster, The Anatomy of Once and Future Oil Spills. (pdf of report at the bottom of this page)

At the same time,  the US Academy of Sciences has opened a new investigation into diluted bitumen.

 

 

 

A letter critical of Enbridge, previously overlooked by the US media is getting new traction, as the anniversary of the Marshall, Michigan, Kalamazoo River spill approaches on July 25.

Enbridge, so far, has not responded to the National Wildlife Federation report.

The environmental group opens the report by saying:

As the biggest transporter of Canadian tarsands oil into the U.S., Enbridge has aresponsibility to the American public to manage their operations in a manner that protects our comm unities and natural resources. But tarsands oil is a very different beast than conventional crude oil, and it is difficult to transport the former safely through pipelines that were designed for the latter. That’s because tarsands oil is more corrosive(due to its chemical mixture)and abrasive(due to high-gritminerals), weakening the pipes to the point  that they are more susceptible t oleaks and ruptures. Remarkably, there are no standards in place to ensure that new pipelines are built, maintained and operated with this fact in mind.

The National Wildlife Association goes on to say:

 fossil fuel companies have a ‘stranglehold’ on our political establishment, preventing even modest initiatives that could make our energy safer and cleaner. That lobby strategy keeps in place a system that’s led to 804 spills by Enbridge alone in the last decade, and a total of 6,781,950 gallons of oil spilled in the U.S. and Canada.

“Rather than focus on safety and cleanup, Enbridge is recklessly moving ahead with plans to expand their pipeline network in the Great Lakes region and the Northeast, and to double down on high carbon fuel that is proving nearly impossible to clean from Michigan’s waters,” said Beth Wallace, NWF’s Great Lakes outreach advisor.

NWF’s report recommends comprehensive reforms to break the cycle of spills and pollution that continue to threaten communities and speed global warming.  Among them, the report calls for stronger safety standards that account for increased dangers associated with heavy tar sands oil, increasing investment in clean energy and efficiency, and campaign and lobbying reforms that would put impacted citizens on a level playing field with Big Oil in the halls of Congress.

The NWF report then says:

 The Kalamazoo spill may have been a poster child for corporate negligence but it is far from the company’s only black mark. According to Enbridge’s own reports, between 1999 and 2010, they have been responsible for at least 800 spills that have released close to seven million gallons of heavy crude oil into the environment — or approximately half the amount of oil that spilled from the Exxon Valdez in 1989.

Canada has seen its own share of Enbridge heartache, including a 61,000 gallon spill earlier this summer near Elk Point, Alberta.

The National Wildlife Federation report is calling for  stronger pipeline safety standards that account for the dangers of transporting bitumen sands oil from Canada amd wants more rigorous reviews of all pipeline projects. The report calls bitumen sands oil “the planet’s dirtiest oil.”

US media covering the National Wildlife release and looking to the anniversary of the Kalamazoo disaster, are now quoting an overlooked letter from the US advocacy group Public Citizen issued on June 25.  

Concerned about Keystone XL pipeline, the advocacy group sent a letter to the Texas House of Representatives, recommending that the state should not wait for US federal rules to prevent tar sands pipeline spills. Public Citizen called the industry’s track record “troubled” and asked the committee to take up legislation that would give Texas broader authority over pipelines.

The committee will examine state regulations governing oil and gas well construction and integrity, as well as pipeline safety and construction, to determine what changes should be made to ensure that the regulations adequately protect the public. Public Citizen will testify in support of stronger rules for the Seaway pipeline (an existing line repurposed to carry tar sands instead of crude oil), the Keystone pipeline (whose southern leg is not yet built) and proposed future tar sands pipelines.

“These companies keep calling it petroleum, but it’s not – these are pipelines of poison,” said Tom “Smitty” Smith, director of Public Citizen’s Texas office.

The media reports on the NWF release are pointing to a new investigation by the US National Academy of Sciences on the safety of diluted bitmenl safety in the United States, that will be part of a report to the US Congress

 An ad hoc committee will analyze whether transportation of diluted bitumen (dilbit) by transmission pipeline has an increased risk of release compared with pipeline transportation of other liquid petroleum products.  Should the committee determine that increased risk exists, it will complete a comprehensive review of federal hazardous liquid pipeline facility regulations to determine whether they are sufficient to mitigate the increased risk.

On June 25, the committee added three industry experts to the panel as there is growing scrutiny over dilbit in the US, which could become an issue in the presidential race.

NWF Enbridge Oil Spill (PDF)