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Kitimat to “fully participate” in Northern Gateway Joint Review procedural planning meeting: Council

The District of Kitimat will “fully participate” in the Northern Gateway Joint Review procedural planning meeting conference call on May 30, Councillor Rob Goffinet told Northwest Coast Energy News Wednesday, May 23.

Goffinet said the District had been aware of the problem of the JRP bypassing Kitimat for the questioning and final argument phases of the hearings and took steps to register for the planning meeting to be held in Calgary on May 30.

Goffinet, saying he was speaking on behalf of Mayor Joanne Monaghan and the entire council, said as many members as possible will attend, along with District staff, listening in to the conference call from a board room in the District offices in City Centre.

Both the Haisla Nation and the province of British Columbia have filed formal objections to the JRP’s plans to bypass Kitimat for the final sets of hearings.

District of Kitimat Participation at Procedural Conference of 30 May (pdf)

BC, Haisla, file objections to JRP bypassing of Kitimat; Enbridge likes venues, avoids the tanker problem

Both the province of British Columbia and the Haisla Nation have filed strong objections with the Northern Gateway Joint Review Panel about the panel’s plans to bypass Kitimat for the questioning and final argument phases of its examination of the controversial pipeline project.

At present, the Joint Review Panel plans to hold questioning hearings in Prince Rupert, Prince George and either Calgary or Edmonton and final arguments in Prince Rupert and Calgary/Edmonton.

And if Prime Minister Stephen Harper and Natural Resources Minister Joe Oliver wanted to speed up the hearings and therefore approval of the Northern Gateway project, filings from all sides indicate more time is needed than the two months allocated by the JRP.

The JRP secreteriat plan a meeting in Calgary on May 30 to consider the procedures. The three panel members will not attend. A large number of intervenors or government participants will be represented in person or take part in a conference call.

The lawyer for the Haisla Nation, Jennifer Griffiths, points out in her filing with the JPR, “Prince Rupert is not a logical location for any of the hearings.”

Updated: The District of Kitimat, which is registered as a “government intervenor” will participate in the conference call.

The law firm representing the Enbridge Northern Gateway, agrees with the JRP preliminary decision to hold the hearings in Prince Rupert, Prince George and Calgary or Edmonton. However, Enbridge’s lawyer Richard Neufeld, of Fraser, Milner, Casgrain, makes it clear that for those hearings they are not involved in the operation of tankers carrying the bitumen they sell to customers.

This includes a marine terminal at Kitimat. Northern Gateway recognizes the interest of the public, government, and First Nations in respect of the potential effects of ships calling on the proposed marine terminal, but it is important to bear in mind that Northern Gateway will not own or operate any marine vessels. No approvals are sought, or required, for such operations, as they are subject only to laws of general application which apply to all shipping into or out of Canadian ports.

The Ecojustice group, also known as the Sustainability Coalition, an alliance of the Living Oceans Society, Raincoast Conservation and ForestEthicsAdvocacy wants hearings in Vancouver. The Coastal First Nations also want the hearings in Vancouver.

The Wet’suwet’en want more hearing locations especially in the areas of the proposed route to address those most affected, telling the JRP:

The Office of the Wet’suwet’en (OW) is localized in Smithers, BC, our territory is 22,000 square kilometres and 170 kilometres is proposed to be crossed by NGP prior to crossing the coastal mountain range. The OW requests that hearings be held in Smithers or Burns Lake for full days rather than half days to reduce travel and accommodation costs for intervenors.

In the provincial filing, Christopher Jones, counsel for British Columbia says:

the Province submits that it is essential for a portion of the final hearings to take place in Kitimat. Kitimat is the proposed location of one terminus of the proposed pipeline, and of the proposed marine terminal. As a result, that locality has a particular interest in these proceedings. There are sufficient facilities and transport access to Kitimat to allow the hearings to take place there…..

The letter from Jones goes on to stay that BC believes “the Province would again submit that certain issues should be dealt with at Kitimat” rather than Prince Rupert.

Griffith, of the Vancouver law firm, Donavan and Company, filing on behalf of the Haisla Nation says:

The Haisla Nation questions why no final hearings are proposed for Kitimat. Given the significant new infrastructure associated with the project that is proposed to be located in the Kitimat area, Kitimat is a logical location for hearings. Kitimat is serviced by the Terrace airport, which is only 56 km away. Kitimat also has dock facilities for parties who may be travelling to the hearings by boat. Finally, there is ample accommodation in the Kitimat I Terrace area. Prince Rupert is not a logical location for any of the hearings. The proposed pipeline does not go near Prince Rupert, the terminal is far from Prince Rupert, the tankers would go through Douglas Channel, not past Prince Rupert. Prince Rupert is not accessible to the Haisla Nation by way of a direct flight.

Griffith also says the final arguments should be held either in Kitimat or Vancouver.

The Haisla Nation will have to participate in every aspect of the hearings. Yet the Panel is currently not proposing to hold any of the questioning phase or final hearings in Kitimat. As set out in the comments below, the Haisla Nation is of the view that the questioning and final hearing locations slated for the western terminus of the project should be held in Kitimat, not in Prince Rupert.

Enbridge, on the other hand, through its lawyer, Richard Neufeld, says:

Northern Gateway agrees with the Panel’s observations regarding the need to select hearing venues that are centrally located, have adequate facilities and reasonable transportation access for the large numbers of witnesses and back-up support personal required. Northern Gateway also agrees that Prince Rupert, Prince George and Calgary/Edmonton meet these criteria. Northern Gateway also agrees that if economic issues are to be dealt with in a single venue, it would be appropriate to do so in Calgary or Edmonton. Of the two, Calgary would be a more logical location given its convenience for those participating in that aspect of the proceeding.

Enbridge also has reservations about the process, while it wants the hearings “streamlined,” the company is concerned about the plan to split the hearings into various issues could be “prejudicial” to the project.

Northern Gateway expects that the Panel is considering an issues-based hearing in an effort to streamline the hearing process, and to make the process more accessible to those who want to participate only when specific issues or topics are under discussion. Both objectives are laudable.

However, an issues-based hearing format has the effect of forcing the Applicant to split its case into multiple parts. This is potentially prejudicial to the Applicant – especially if the issues identified for litigation do not correspond to the manner in which the Application has been structured.

The EcoJustice group wants hearings in Vancouver, largely because many of its members are there, with staff lawyer Barry Robinson, saying to the JRP:

The Coalition recommends that the Panel consider adding a fourth hearing location in Vancouver. The Coalition notes that, logistically, many of the witnesses and counsel that would appear in Prince Rupert would travel through Vancouver. If the vast majority of the witnesses and counsel to appear on any given issue will be required to travel from or through Vancouver, the Coalition recommends that the issue be heard in Vancouver to reduce travel costs and related greenhouse gas emissions.

However, the Coalition is sensitive to the needs of local intervenors in the Prince Rupert area and would ask that the Panel use its discretion in allocating topics to be heard in Prince Rupert and Vancouver.

And later:

The Coalition recommends that the Panel consider hearing final argument in Vancouver as a third location. The Coalition is supportive of the Panel providing an option for remote participation.

Coastal First Nations have a similar proposal. Art Sterritt, Executive Director says:

the JRP should consider holding hearings on marine issues in Vancouver with video links to Prince Rupert and Kitimat as a way of reducing the costs to Intervenors (many experts and legal and technical representatives live in the lower mainland) and in recognition that Kitimat is the proposed site of the Marine Terminal and that there are many people in the lower mainland who use the area for recreational, commercial fishing and other uses.

It appears that there will soon be controversy over the time allotted both for questioning and final arguments. The Haisla, other First Nations and Ecojustice and even Northern Gateway appear to want more time for questioning and cross-examination, while, for example, the Canadian Association of Petroluem Producers, the industry representative says it:

is still considering the scope and extent of its participation in questioning during the final hearings. CAPP will work with other intervenors in order to minimize the overall time required for cross examination.

It is clear that Enbridge Northern Gateway is planning tough cross-examination of the intervenors and their evidence:

Northern Gateway intends to cross-examine each of the authors of reports prepared for Interveners opposing the Project, and filed as written evidence. In some cases, the evidence filed with the Panel does not identify authorship, which makes it impossible to specify who will be cross-examined. Materials filed by certain interveners also include information collected through means such as access to information requests, which also makes it impossible to identify who might speak to such evidence if it is allowed to remain on the record.

Northern Gateway’s review of the written evidence filed by interveners has identified approximately forty five detailed reports that have been prepared for this proceeding. Reports of a more basic variety, those that provide general information on traditional use matters and reports of marginal relevance need not be subject to extensive cross-examination by Northern Gateway (if at all). Although no final decision has been made, for planning purposes the Panel should allot approximately twenty hearing days for cross-examination by Northern Gateway. Once a decision has been made on hearing venues and format, we will provide a more definitive estimate to Panel counsel and to counsel for the interveners involved. Where Northern Gateway does not consider it necessary to cross-examine a particular author, we will advise others of that so as to avoid unnecessary expense and inconvenience.

The Coastal First Nations are also planning tough cross-examination:

Coastal First Nations intends to cross-examine NGP, Transport Canada, Canadian Coast Guard, DFO, CEAA (as crown consultation coordinator and expert on environmental assessment methodology) and possibly the Government of B.C. These cross examinations will focus on risk assessment, spill response, measures to prevent incidents, and reduce risk of spills, consequences of spills, and Aboriginal consultation. Naturally, until the JRP approves the government participants we wish to cross-examine, and NGP identifies the witnesses they will present, it is difficult to determine the amount of time needed for cross-examination. It would likely take several hours of cross-examination for each party.

The Hasila say:

The Haisla Nation does not have any input into the proposed general schedule as set out above, but does question the two-month period provisionally allotted for the questioning phase in accordance with the revised Hearing Order. The Haisla Nation anticipates that the questioning phase will require substantially more than two months.

The Wet’suwet’en also object to the short notice given for the May 30 procedural meeting:

The estab!ishment of this regulatory process is insufficient to afford meaningful consultation to the Wet’suwet’en. We are hard pressed to try and prepare our hereditary leaders and clan speakers in such short notice, especially with a long weekend within the timeframe, some of our leaders and speakers are out on the territories preparing themselves for their summer traditional food gathering, and cultural activities. There is insufficient time given to the Wet’suwet’en for this process.

The Wet’suwet’en say (and this likely applies to other BC First Nations) that hearings as proposed could make it difficult to consult with elders saying “discussions with hereditary leaders and elders must take place, as per our custom…”

All of this comes as Prime Minister Stephen Harper and Natural Resoures minister Joe Oliver and many in the right-wing media want the hearings sped up, which means the May 30 meeting may be heated and any decision politically charged.

JRP filings from

Province of British Columbia (pdf)

Haisla Nation (pdf)

Enbridge Northern Gateway Pipelines (pdf)

EcoJustice (Living Oceans Society, Raincoast Conservation Foundation, ForestEthics Advocacy Sustainability Coalition) (pdf)

CAPP (pdf)

Coastal First Nations Great Bear Initiative (pdf)

Office of the Wet’suwet’en (pdf)

Government of Canada (pdf)

Editorial: It’s time for the District of Kitimat to play hardball on Gateway

EDITORIAL

Who speaks for Kitimat?

Someone has to speak for Kitimat on the Northern Gateway project.

The District of Kitimat Council no longer has a choice. It’s time to play hardball with Ottawa and Enbridge on the Northern Gateway Pipeline.

You can’t negotiate from a position of weakness.

The game of pipelines changed forever in recent weeks, when the Conservative government introduced Bill C-38, the Budget Implementation Act.

Bill C-38, which passed Second Reading on May 14, 2012 is an affront to basic democratic principles, a 425 page omnibus monster that will not permit the kind of careful consideration of major changes in Canadian society that what was once normal in a free and democratic society. The omnibus bill not only concerns the federal budget but also repeals the environmental assessment process and guts fisheries protection for the smaller spawning streams where salmon are born. By giving the federal cabinet the power to overrule the National Energy Board, the decision on the pipeline rests with just one man, Prime Minister Stephen Harper, who has made no secret that he intends to push the project through no matter how fierce the opposition to the project.

This week has seen devastating cutbacks along the west coast, to environmental monitoring and pollution control, to Coast Guard protection. It is now clear that protection of the environment along the BC coast and the lives of the mariners who sail those waters are of little importance to Ottawa, and of no importance to the war room types counting votes in Alberta and suburban ridings outside Toronto and Vancouver.

The District of Kitimat Council has voted to wait to make a decision until after the report of the Joint Review Panel, when “all information” is available.

The news this week that the Joint Review Panel decided to bypass Kitimat, that the town that is to be the terminal of the proposed pipeline is irrelevant to the process, shows more than any other move what the JRP thinks of Kitimat. Not much.

The Joint Review Panel has lost all credibility. Even if the JRP does produce a fair and honest report with valid recommendations for conditions and restrictions, it is highly unlikely that those recommendations will be fully implemented, because the final decision will be made in the Prime Minster’s Office and that decision will be build, baby, build.

Media reports in recent months have shown that Enbridge has easy access to the senior levels of the Conservative government and Enbridge lobbying preceded the changes to the Fisheries Act in Bill C-38. Enbridge walks the halls of power in Ottawa. Kitimat, on the other hand, counts for little, as the JRP schedule clearly shows.

So, for example, even if the Joint Review Panel recommends strict conditions on the pipeline to insure the safety of Kitimat’s water supply, and if Enbridge doesn’t like those conditions, there is no guarantee that Harper and the cabinet will implement those recommendations. That would leave the District of Kitimat holding the water barrel for several years.

(One of the many reasons, it seems, that the JRP wants to have all the northwest hearings is in Prince Rupert is so the high-priced energy lawyers from Calgary can have comfortable accommodation. So, if any protests from the District and the Haisla Nation are successful and there actually are final hearings in Kitimat, perhaps the District could arrange for the lawyers to camp in Radley Park, so they can actually grasp the realities of living in Kitimat by the Kitimat River.)

The District of Kitimat Council has a duty to make sure that this region is protected.

So what does this mean?

“Armed neutrality”

It is now too late for the District Council to take a position for or against the pipeline. It no longer matters whether Mayor and Councillors support the pipeline, are sitting on the fence or oppose the pipeline. Bill C-38 has made the decision for the Council.

Council must assume that Stephen Harper will impose the pipeline on Kitimat and will impose conditions that could be determinable to the District in favour of Alberta and Enbridge.

From now on Council must unify and work to protect the District from Stephen Harper. The Council must make sure that the District is an aggressive force at any negotiating table or court battle.

That means Council should retain its position of neutrality, leaving opposition to the pipeline to others like Douglas Channel Watch. Given the growing witch hunt against the environmental movement, an official position of neutrality is negotiating from a position of strength and protects the District from any accusation that “radicals” are distorting the District’s position.

In international affairs, countries like Switzerland and Sweden are neutral, robustly neutral. Both Switzerland and Sweden practice what is called “armed neutrality.”

“Armed neutrality” means that Kitimat Council can no longer continue its current wishy-washy neutrality, arguing over the nuances of words in letters to the Joint Review Panel and Enbridge. To protect Kitimat, Council must adopt its own policy of “armed neutrality,” an aggressive stance that represents the entire community, both opponents and supporters of the pipeline.

So what now?

Professional advice

The announcement this week that Shell is planning to build a liquified natural gas facility in Kitimat, in combination with the KMLNG and BC LNG projects plus Enbridge, means it is vital for the District to have independent, professional advice on energy issues.

The District must immediately start paying much closer attention to the all the relevant documents that are filed with the Joint Review Panel. The District Council and staff must have their own independent advisers rather than juggling the views of Douglas Channel Watch and Enbridge and hoping for the best. That means hiring more professionals to supplement current staff that will understand the technicalities of both the Enbridge pipeline and the LNG projects; staff who can advise the senior administration and Council about how to proceed where the issues of the pipeline construction, terminal construction and management of the terminal come under municipal jurisdiction or could adversely affect the municipality.

That takes money, even though money is tight, Council must budget for that staff. When it comes to negotiating factors within the responsibility of the municipality, Kitimat must be at the table at full strength.

All the way to the Supreme Court

It is now certain that after Stephen Harper orders the pipeline to go ahead, disputes over the Northern Gateway Pipeline will end up in the courts. Lawyers are already talking about the constitutional necessity to consult First Nations, that pushing the pipeline across aboriginal traditional territory will violate Rights and Title.

First Nations across British Columbia are already represented by some of the best lawyers in Canada.

Vancouver is already looking at what powers a municipality has to make sure that city is fully protected in case of a catastrophic tanker accident from the Kinder Morgan pipeline and project.

Yes, the District is wary because of the long and bitter fight over power allocation, but that is in the past. Again Bill C-38 gives the District no choice but to prepare for new legal battles, probably all the way to the Supreme Court of Canada.

The District of Kitimat must immediately budget for, seek out, retain and instruct a law firm that can advise the District on its rights and responsibilities now and in the future once the Harper government imposes the pipeline on Kitimat. As we have seen from the Joint Review and other National Energy Board hearings, the energy industry hires the best lawyers money can buy.

If Kitimat has to face those lawyers, the District can’t act like a Junior B team facing the NHL All-Stars. That law firm should be able to advise Kitimat on the constitutional issues involved and what powers a municipality has to protect the community from unwanted and unwarranted aspects of pipeline and tanker development. That law firm must also be able to participate in hardball business negotiations.

Seeking Alliances

The District must build better bridges with the Haisla Nation and find where there is common ground in the Kitimat region as Stephen Harper imposes the pipeline on the northwest. They may be arguments before the courts or with Enbridge where both the Haisla and the District of Kitimat are allies in a fight.

Stephen Harper and his government are prepared to impose the pipeline, terminals and tanker traffic on northwestern British Columbia, again no matter what local municipalities and regions say. All the environmental and Coast Guard safeguards that might have brought acceptance of the Enbridge project are being cut to the bone. That means Kitimat must also forge alliances with those municipalities and regions, again to make sure that local rights and responsibilities are fully protected once the government decides to impose the pipeline on the northwest.

It is highly likely that the constitutional consultation and Rights and Title cases on the pipeline will end up at the Supreme Court of Canada. If there are other cases, perhaps raised by Vancouver or other Lower Mainland or northern communities or even the Province of British Columbia, it may be that the Supreme Court, as it has with some cases in the past, could consolidate all the pipeline cases into one. That means Kitimat will need to be a participant in any case on the pipeline before the Supreme Court.

Unless District of Kitimat Council starts playing hardball, Stephen Harper will drive a bulldozer down bank of the Kitimat River to Douglas Channel, ignoring the council standing and watching from the hill looking over the pipeline trench.

Alterra acquires coastal island wind farms to supply LNG plants, but how will it get to Kitimat?

Updated with Alterra comments.
A Vancouver-based energy company, Alterra Power Corp, today, May 18, 2012, announced the acquisition of three wind farm sites off the northernwestern British Columbia coast.

A news release from Alterra notes that the three “early-stage wind farm” sites, on Banks Island, Porcher Island and McCauley Island are “all within 150 kilometres of several proposed power-intensive LNG plant sites at Kitimat.”

The three sites plus one on Vancouver island will have an estimated generation capacity of over 1,000 megawatts for the four sites.

Alterra acquired the sites from English Bay Energy Limited. Alterra says “the sellers will receive royalty payments during the operations phase of the projects, and under certain circumstances the sellers may receive additional compensation of up to 1.34 million Alterra shares.”

The release quotes John Carson, Alterra’s Chief Executive Officer, as saying, “This transaction further positions us to play a major role in B.C.’s clean energy future. We look forward to advancing and ultimately building these wind projects as a part of the continued growth of Alterra and British Columbia.”

Satellite map of BC showing Kitimat and wind farm locations — A satellite image of northwestern BC showing the location of Kitimat and the three islands that are the location of the proposed windfarms to supply to Kitimat’s LNG projects. (Satellite image NASA/MODIS)

When informed of the announcement, Kitimat mayor Joanne Monaghan asked, “How are they going to get it here?”

While the three islands are within 150 kilometres of Kitmat, any transmission lines would have to somehow cross the Inside Passage and its heavy ship traffic, including cruise ships, ferries, fishing vessels and bulk carriers (not to mention potentially tankers), and then also get over some of the most rugged mountain territory in Canada to reach any of the three liquified natural gas sites in Kitimat.

“I know that all of the LNG plants considering coming in here, including Shell, are talking about co-gen [co-generation of electricity using natural gas], because if they don’t do co-generation they’re going to have to bring all of this in from the Site C Dam and that is going to make it totally out of the range of their price,” Monaghan said. She also remarked that the cost of building transmission lines from the three off shore islands could also be prohibitive.

Alterra spokesman Anders Kruus said that supplying power from the islands to Kitimat a major consideration but added it “would not be an insurmountable problem.”

He said the company’s predecessor before a merger, Plutonic Power, had built “the province’s largest run-of-river hydro facility at Toba Inlet not far from Powell River (80 kilometres) and in the process of building that, beause the run-of-river facilty was quite far back, not accessible by roadway, you have to barge in, we built a 120 kilmetre long tranmission line out to Saltery Bay. So we’ve done it over the mountains.” Kruus said.

“It’s early days,” Kruus said and the company now plans to compile more wind data before proceeding. He acknowledged that the “intermittency of the wind” could be a problem with an LNG plant that requires a consistent, balanced power load and so the best “off-taker” (customer) for the wind energy electricity might likely be BC Hydro who could balance the power from the project within its own system before supplying it to customers.

On its website, Alterra Power Corp describes itself as

a leading global renewable energy company, formed in 2011 through the merger of Magma Energy Corp and Plutonic Power Corp. We operate six power plants totaling 570 MW of capacity, including two geothermal facilities in Iceland, a geothermal plant in Nevada, British Columbia’s largest run of river hydro facilities and the province’s largest wind farm. Our 300 MW share of production generates over 1,400 GWh of clean power annually. We have an extensive portfolio of exploration and development projects, a skilled international team of explorers, builders and operators as well as the strong financial capacity to support our aggressive growth plans.

Northern Gateway Joint Review questioning and final argument hearings skip Kitimat, most of the northwest BC pipeline route

The Northern Gateway Joint Review Panel questioning hearings and final arguments will bypass Kitimat and most of the communities along the proposed pipeline route, according to a letter to all intervenors from the JRP prompted by questions from the Gitxaala Nation.

The Joint Review Panel has not yet issued an official and final procedural directive concerning the final hearings, and in response to the Gitxaala letter, the JRP secreteriat will convene a conference on May 30, in Calgary to set up that procedure. The three panel members will not be present at the conference.

In the letter to the intervenors, the JRP proposes:

Final hearings for questioning will take place in three locations. The Panel intends to hold these hearings in Prince Rupert, BC, Prince George, BC and either Edmonton or Calgary, AB. These locations are centrally located, have adequate facilities and reasonable transportation access. Would fewer than three locations be appropriate? What are your comments on the locations chosen by the Panel?

As for the final argument hearings, the Joint Review Panel says:

The Panel anticipates allowing parties to present final argument either: (i) orally;
or (ii) in writing. On an exception basis, parties may request permission of the
Panel to allow final argument on a specific topic both in writing and orally.
The Panel anticipates holding hearings for final argument in two locations;
namely Prince Rupert, BC and either Edmonton or Calgary, AB. Mechanisms will
be established to allow parties to participate remotely (i.e. via telephone or other
electronic means). Do you have any input on these locations?

For the questioning period, the Joint Review Panel says it anticipates that it will sit from Monday to Saturday for two week periods, followed by a one week break. Standard sitting hours would be from 8:30 a.m. to 1:00 p.m.

Cheryl Brown, representing the Kitimat group Douglas Channel Watch, has already objected to the fact the Joint Review Panel has apparently decided to bypass Kitimat.

The location of the panel should include Kitimat as it is the community
experiencing the highest impact from the project -land and marine. The citizens
of Kitimat need to have the opportunity to hear the proceedings and how it will
potentially impact their future. Accommodations can be provided in Terrace with
bus transportation provided if needed and this is standard practice for other large
events. Air travel into Terrace/Kitimat is reasonable with good transportation to
Kitimat. Rupert has some exposure to the project but to justify that the hearings
take place there due to adequate facilities, that it is central and has reasonable
transportation access is not valid. Rupert is not central for the Northwest and the
issue of getting from the terminal to the city by ferry is hardly reasonable.

The proposed schedule seems adequate. For intervenors with limited financial
resources any length of stay outside their own area can be difficult.

Note that in its letter the JRP asks: “Would fewer than three locations be appropriate?” There is no suggestion that the number of locations be expanded.

This is despite the fact throughout the hearings, Sheila Leggett, the chair has repeatedly told intervenors in each location to hold back their comments until the final hearings. In addition, during the intervenor phase of the hearings, questioning was not permitted, only statements on local or traditional knowledge.

The JRP letter to intervenors goes on to say

The Panel intends to have questioning on oral evidence completed prior to
questioning based on written evidence pertaining to the List of Issues.
Questioning of witness panels will proceed at each location based on issues.
These issues largely mirror the List of Issues set out in the Hearing Order (dated
5 May 2011) and discussed in the Panel Session Results and Decision (dated
19 January 2011). The Panel intends to address each issue listed below in
relation to the entire Project at only one location. The location for each issue is
as follows:

Prince Rupert

(a) Potential Impacts of the Proposed Project on Aboriginal Interests
(socio-economic matters; asserted and proven Aboriginal and treaty
rights)
(b) Environmental Effects
(c) Socioeconomic Effects
(d) Consultation (with the public and Aboriginal groups)
(e) Safety, Accident Prevention and Response (related to the marine
terminal and marine transportation)

Prince George

(a) Potential Impacts of the Proposed Project on Landowners and Land
Use (pipeline crossings; depth of cover; impacts on agricultural soils)
(b) Routing (general route of the pipeline and route selection criteria).
General location of the facilities and siting of a marine terminal.
(c) Design, Construction and Operation
(d) Follow up and monitoring
(e) Safety, Accident Prevention and Response (related to the pipeline)

Edmonton or Calgary

(a) Need for the Proposed Project (supply and markets; commercial
support; economic feasibility)
(b) Potential Impacts of the Proposed Project on commercial interests
(c) Financial and Tolling Matters (tolling structure and methodology;
proposed financing; financial responsibility of the applicant)

The letter asks, “Do you have any additional issues for each hearing location or any input on the general format identified?”

It also asks intervenors questions like: “What parties’ witnesses do you anticipate questioning during the final hearings? What issues do you anticipate you will ask questions about? How much time do you anticipate you will require for questioning for each issue?

The panel says it is considering a process for expert witnesses which would entail having expert witnesses for parties with conflicting opinions seated together in a single witness panel and questioned at the same time, mainly about issues that “are highly technical in nature” so the panel can “assess complex expert evidence, understand differences, and focus on certain technical issues in an efficient manner.”

The letter goes on to say that the panel intends to permit “questioning of witnesses by telephone and is exploring other remote means.”

However, the letter to the Joint Review Panel from Cheryl Brown of Douglas Channel Watch clearly shows the kind of problems faced by those “directly affected” by the pipeline if they live in rural northwestern British Columbia.

Technology is limited as I am rural and do not have high speed internet. Could
the use of local video conferencing facilities be utilized. The panel needs to consider that there are many intervenors that are independent in the process and do not have resources to participate that others may have. It bears on the JRP
to ensure there is the ability of all to participate in the process in a reasonably fair and equitable way and the panel needs to consider other ways to configure the hearings

Telephone questioning during the NEB KMLNG (Kitimat LNG) hearings in Kitimat in June was awkward to say the least, and often plagued by technical problems in getting lines up and staying connected. Telephone questioning also meant that the energy industry lawyers actually in the hearing room at Riverlodge had a distinct advantage over the remote questioners.

The letter of the Joint Review Panel by Cheryl Brown of Douglas Channel Watch also outlines the issues the environmental group will be trying to bring before the panel:

Here are issues that need to be addressed within the communities highly affected
i.e. Kitimat
•Routing: through the tunnel and the difficult terrain of the Kitimat River,
•Siting of the marine terminal,
•Safety, accident prevention response related to the terminal and marine
transportation, environmental effects on the estuary, Douglas Channel
and marine route.
•Socioeconomic and environmental effects are different across the entire
pipeline. To address then in one place does not allow for adequate
participation by intervenors from other areas to address the areas that are
of concern. A significant number of intervenors are without funding and
are privately involved in the process. The hearings have to acknowledge
this.
•Aboriginal interests are unique to different areas and the costs for travel to
one place would be a burden.
•Consultation with the public needs to be represented in more locations.
The public that has been involved as intervenors do not have resources to
travel. The panel needs to consider this.

Brown goes on to say that the use of expert panels “sounds interesting” but she adds she is “not sure how one would interact with the panel. More details are required.”

The Joint Review Panel’s proposed schedule, which basically eliminates effective participation by those most affected by the pipeline, raises a key question at the national political level. Is the fact the panel is skipping most of the communities involved a return to the National Energy Board tradition that it is nothing more than a private club for Calgary energy lawyers or is it a result of pressure from Prime Minister Stephen Harper and Natural Resources Minister Joe Oliver to speed things up?

The controversial Enbridge Northern Gateway twin pipelines, if approved, will transport bitumen from Alberta to the port of Kitimat and condensate from Kitimat to Alberta. Although there is significant opposition to the pipeline in British Columbia, Prime Minister Stephen Harper has made clear the pipeline is a national priority. Natural Resources Minister Joe Oliver has repeatedly condemned people who oppose the pipeline as “radicals.”

Update: District of Kitimat, Haisla Nation to question JRP schedules bypassing Kitimat

In separate e-mails to Northwest Coast Energy News, Kitimat mayor Joanne Monaghan and Haisla Nation Chief Counselor Ellis Ross both say they will be file objections with the Joint Review Panel questioning the JRP’s position in bypassing Kitimat in both the questioning round and final arguments.

JRP Procedural Direction No 7 (pdf)

JRP letter to all parties Procedural Conference on Final Hearings (pdf)

Letter to JRP from Cheryl Brown of Douglas Channel Watch (pdf)

Scientists identify major Japanese-style tsunami hazard for west coast

American scientists studying the aftermath of the March 11, 2011, Tohoku, Japan earthquake and the resulting devastating tsunami say that a similar tsunami could be generated by an earthquake in the Aleutian Islands of Alaska.

The 9.0 magnitude Tohoku earthquake created a tsunami that was a high as 10-metres. The events killed about 18,000 people. Debris from the tsunami is now appearing on the west coast of North America.

The study, published May 8, in EOS, the Transactions of the American Geophysical Society, says:

A tsunami triggered by an earthquake along the AASZ [Alaskan-Aleutian Subduction Zone] would cross the Pacific Ocean and cause extensive damage along highly populated U.S. coasts, with ports being particularly vulnerable.

A subduction zone is where one tectonic plate, in this case, the Pacific plate, is forced down under another plate, the Alaskan continental arc.

Data from the Tohoku earthquake suggests that portions of the Alaskan-Aleutian Subduction Zone could be just as hazardous.

The study, by Holly Ryan, of the Pacific Coastal and Marine Science Center of the US Geological Survey in Menlo Park, Ca. and colleagues says the Japanese earthquake surprised scientists because the magnitude of both the earthquake and the tsunami were much larger than expected for the Tohoku region off northeastern Japan. The scientists say the region was originally considered low risk because the deep water section of the tectonic plate boundary that ruptured had been aseismic [a fault where there are no records of earthquakes] prior to the March 2011 event and was thought to be too weak to accumulate the strain to trigger a major earthquake.

In Japan and the Aleutians, there are seldom records of earthquakes where the upper tectonic plate is made up of weak, water-laden trench sediment accreted [stuck or locked] to the margin along thrust faults. The accreted sediment is not strong enough to fail in an earthquake (stick-slip behaviour) but, rather usually deforms without causing an earthquake.

Now research from the Japan shows that deep water section of the Tohoku region was fully
locked (accumulating strain at the convergence rate). The continental basement rock lies within
20 kilometres of the trench in deep water above the boundary at Tohoku. That created major accumulation of strain on the fault.

So when the earthquake occurred, there were large amounts of slip on the Tohoku megathrust, as well as corresponding movement on a deep water branch fault. Both contributed to the displacement of large volumes of water, creating the giant Japanese tsunami that smashed into the coast.

The Alaskan-Aleutian Subduction Zone is similar to the Tohoku region. The AASZ begins at a deep trench where the Pacific plate under thrusts the Alaskan continental arc and the Aleutian Islands oceanic arc.

Part of that subduction zone triggered the March 27, 1964 Good Friday magnitude 9.2 Anchorage, Alaska, megathrust earthquake. It was the largest quake ever recorded in North America and the second largest worldwide since seismic events were recorded. The epicentre was about 20 kilometres north of Prince William Sound, where a fault ruptured 25 kilometres below the surface. That quake causing major damage in Anchorage, 125 kilometres to the west and in Valdez 64 kilometres to the east. The megathursts along the ocean floor shifts created large tsunamis as high as 67 metres that struck along the North American coast from Alaska to California.

In Anchorage, nine people were killed by the quake, much of the downtown was destroyed and one neighbourhood lost 75 homes in a massive landslide. Two villages near Anchorage were destroyed when the land sank.

According to Wikipedia, the damage to British Columbia alone was estimated at $10 million in 1964 dollars (about $75 million in 2012 dollars according to the Bank of Canada inflation calculator) The Anchorage quake actually shook Kitimat and caused minor damage in the town. Due to factors such as the location of the quake at Prince William Sound , the tides and other factors along Douglas Channel, the tsunami coming into Kitimat was just a few centimetres high. Across the northwest and down the coast, there was more damage, the tsunami that hit Prince Rupert was 1.4 metres. Again to the configuration of the coast, tides and other factors, Port Alberni on Vancouver Island was hit twice, washing away 55 homes and damaging 375 others.

In California, 12 people were killed at Crescent City. There was damage in Los Angeles and as far off as Hawaii.

The study says that an Anchorage type event occurs every 900 years, so that area appears to be out of immediate danger,

According to the study, there was a magnitude 8.6 earthquake near Uninmak Pass in the same region in 1946 that triggered a tsunami that caused damage along the west coast, killed 150 people in Hawaii and inundated shorelines on South Pacific Islands and as far away as Antarctica. Another earthquake near the Andreanof Islands in 1957 also triggered a dangerous tsunami.

The new danger zone could be at the Semidi Islands, southwest of the better known Kodiak Island, where a 400 kilometre-long section of the subduction zone ruptured in 1938, causing a 8.2 magnitude earthquake. In the 1938 earthquake, the study says, that quake was beneath relatively shallow water, so it generated only a modest tsunami.

The Semidi Islands area is now fully locked, the study says, and enough strain has built up to trigger a similar event.

In 1788, a major earthquake in the Semidi Islands was recorded by Russian settlers. It is that area that the study says could trigger a Tohoku type tsunami. The segment of the trench in deeper water has not had a rupture since 1788. Satellite observations show that strain along the fault is accumulating “at a high rate.” The trench is four to five kilometres deep, just like at Tohoku, so displacement of the ocean water could trigger a similar giant tsunami.

Potential rupture of the near-trench section of the plate boundary is worrisome in that similar to the plate boundary near Tohoku, it is composed of rigid basement rock that extends beneath the margin to water depths of four to five kilometres. The presence of rigid basement rock close to the trench allows for an earthquake source beneath deep water, which would significantly amplify the height of the resultant tsunami. In addition, the possible additional rupture of an as yet undiscovered splay or branch fault, similar to circumstances during the Tohoku earthquake, would further increase the tsunami height.

The authors of the study call for more studies to compare the Aleutian area with the Tohoku region of Japan. Scientists are now working on “Paleotsunami studies” so there is a a history of tsunamis generated in the Aleutians that can be correlated to specific earthquakes.

Most of the attention on the west coast of North America has been centred on the Cascadia fault from northern California to southern British Columbia, which could also trigger a major earthquake and tsunami. It is time that scientists, emergency planners and government paid more attention to Alaska.

Link to Study Tsunami Hazards to U.S. Coasts form Giant Earthquakes in Alaska (pdf)

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What about the Northern Gateway?

My family was just sitting down for dinner in Kitimat on that Good Friday evening in 1964 when the whole house began to shake. The quake in Anchorage lasted for four minutes, the shock that hit Kitimat was probably less than a minute.

After dinner, tuning to the local TV station, CFTK, the Friday night broadcasts was interrupted by a news special, an extraordinary even for a small station, which in those days had no microwave communications with the rest of the television universe, with the local anchor telling the story based on wire service and other reports that were already trickling in, giving the people of the Kitimat-Terrace-Prince Rupert region the news of the devastation in Alaska.

Fast forward 48 years and the big question on the northwest coast is the Enbridge Northern Gateway pipeline and whether or not the pipeline and the terminals in Kitimat harbour are vulnerable to earthquake and tsunami.

In public presentations in Kitimat, Enbridge officials have always minimized the potential danger to the Northern Gateway from earthquake and tsunami. In its latest presentation, to District of Kitimat Council on April 16, 2012, Enbridge engineer Drum Cavers told council that “all of the major earthquakes have occurred well off shore on the Queen Charlotte Fault,” and that “seismic activity is low relative to south coastal BC.” Cavers also said “the Kitsumcalum-Kitimat Valley is not the site of unusual seismic events or faults.” The presentation points to an 1973 quake in the Skeena River valley that Enbridge says was small and the planned pipeline is within “seismic design parameters.”

Cavers’ presentation said “No fault breaks to surface are known near the pipeline route, but if one should be found during further work, there are methods to mitigate fault motion if required.”

There has been no mention by Enbridge Northern Gateway of the potential problems that could be caused to the Kitimat pipeline and the terminal by a major earthquake or tsunami from the Alaska Aleutian region.

I was out of town during Cavers’ presentation but I have asked questions about the 1964 quake and potential problems from Alaska at three public meetings, including a direct question to Northern Gateway president John Carruthers at the September, 2011, public forum at Kitimat’s Mount Elizabeth Theatre. Despite promises, Enbridge has so far not responded to my questions.

Shell, partners, plan giant liquified natural gas project at Kitimat, mayor sees town growing to 15,000 residents

Shell Canada has confirmed that, with three partners, it is developing a giant proposed liquified natural gas export facility at Kitimat.

The project could see up to 12 million tonnes of LNG exported from Kitimat each year. What the companies are now calling LNG Canada would be built in two “trains” or stages, with each producing six million tonnes. A news release from Shell says there is an option to expand the project beyond the 12 million tonne capacity.

The announcement made international news. The Chicago Tribune said Tuesday. “Kitimat… looks set to become a major supply hub for the Pacific Rim.”

Shell’s partners, Korea Gas Corporation, Mitsubishi Corporation, and PetroChina Company Limited will work to export natural gas, mostly from northeastern British Columbia, combining the “four companies’ extensive development experience, technical depth, financial strength and access to markets required to be the leading LNG developer in Canada.”

The four companies did not say how much money is involved in the project. Reports in the Japanese media said the project could cost as much as $12 billion US.

Shell holds a 40 per cent working interest. The partners KOGAS, Mitsubishi and PetroChina each hold a 20 per cent working interest.

“Our combined expertise, and our focus on technological innovation in delivering safe and environmentally sound LNG projects around the globe, ensures that our LNG Canada project would be well-suited to deliver long-term value for British Columbia and increase access to new export markets for Canada,” says Jose-Alberto Lima, Vice President LNG Americas, Shell Energy Resources Company in a news release.

News releases from both Shell and Petrochina both say:

The proposed LNG Canada project includes the design, construction and operation of a gas liquefaction plant and facilities for the storage and export of liquefied natural gas (LNG), including marine off-loading facilities and shipping. LNG Canada can create significant economic benefit for the province, First Nations, local communities and the region. Such a project can create thousands of jobs during construction and hundreds of full-time, permanent jobs during operations. Such a significant energy project can also bring indirect economic development opportunities to the region.

Shell and PetroChina say:

A decision to move this project into development would be taken after conducting necessary engineering, environmental and stakeholder engagement work with start up around the end of the decade, pending regulatory approvals and investment decisions.
The approval process will begin with a formal consultation process with First Nations and local community residents.

“This project will contribute to a further strengthening of trade relationships between China and Canada and will help China use clean burning natural gas to fuel its economic growth,” Bo Qiliang, Vice President, PetroChina, said in the release.

“We are sitting on the doorstep of a very fast-growing market that actually wants to come to Canada because they see it as long-term stability and a secure source of supply,” Shell Canada president Lorraine Mitchelmore said. “We are now, for the first time in the natural gas industry, very competitive with other countries like Australia.”

Kitimat Mayor Joanne Monaghan said her and the District Council have been working on the project for sometime. “Council have been aware of it and have rolled up their sleeves for almost a year and half to two years,” the mayor said.

Kitimat mayor Joanne Monagahn reads notes on the LNG Canada announcement, May 15, 2012. (Robin Rowland/Northwest Coast Energy News)

One aspect was making sure Kitimat is ready for the project, Monaghan said: “We had to make sure there were hospital facilities, rental facilities, that we had housing available. We were getting all our inventories together. Now we know and now we can go full blast ahead.”

Monaghan hopes that eventually Kitimat will return its population peak of between 10,000 and 15,000 residents. (Since the closure of the Eurocan craft paper mill in 2010, Kitimat’s population dropped to around 8,000 but that number has been growing with the LNG projects and the Rio Tinto Alcan Kitimat Modernization Project, even though the KMP project will eventually mean fewer jobs at the aluminum smelter).

“If they have the five to seven thousand construction workers they’re looking for, they will bring in workers from all over BC, probably all over Canada,” Monaghan said.

Shell purchased the former Methanex plant site and the related Kitimat port terminal last fall, raising worldwide speculation about the LNG project. The Methanex site is now used by Cenovus to transport bitumen condensate by rail from Kitimat to the Alberta oil sands. Much of the old Methanex plant has been decommissioned and is being shipped to a buyer in China.

Most of the natural gas supply will come from the booming Horn River and Montney shale gas formations in northeastern British Columbia.

Reports say that LNG Canada will work with a third party that would build and probably own a pipeline from the northeast to the coat.

The profit picture comes from the fact that LNG prices in Asia, based on a proportion of the world price of oil, are much higher than the price of natural gas in North America, where the shale gas boom has driven gas prices to a record low.

The price boom in Asia could be a windfall for British Columbia, which could receive up to $600 billion in natural gas royalties over the next 25 years.

There is also fierce international competition to send LNG to Asia. The major energy companies are investing heavily in projects in Australia, while traditional suppliers like Qatar and Russia are ramping up their marketing efforts to Asia.

The old Methanex site in Kitimat — The decommissioned Methanex site by the Kitimat River, now owned by Shell. (Robin Rowland/Northwest Coast Energy News)

As of this week, Japan began closing down the last of its nuclear electrical generation capacity. After the March 11, 2011 earthquake, that country became a major customer for current and future liquified natural gas projects.

Since the earthquake last year, two other projects in Kitimat have proceeded. The Kitimat LNG project, a partnership called KM LNG led by Apache Corporation, Encana Corp, and EOG Resources plan to start up a Kitimat LNG plant in 2015, at Bish Cove with an initial capacity of five million tonnes a year. That project has been approved by the National Energy Board but is still waiting for a final go ahead from the boards of the three corporations, expected now in the fourth quarter of 2012.

A second project, called BC LNG, owned by the Haisla Nation in partnership with Houston-based LNG Partners, will act as broker and exporter for other LNG companies, facilitating exports to Asia from a barge based facility at North Cove, with the first shipment expected in 2014 or 2015.

There are also reports that Malaysia’s Petronas in partnership with Calgary-based Progress Energy Resources Corp., which have major stakes in B.C. shale are also looking for a possible LNG terminal on the west coast. As well, Talisman Energy, Nexen and Imperial Oil are also looking at west coast projects.

Related Links

News release from BC Premier Christy Clark Premier Applauds Progress on Kitimat Project: LNG Canada

Mitsubishi news release

More oil leaking from sunken WWII US transport near Hartley Bay, Gitga’at warn

Oil slick in Grenville Channel (Gitga`at First Nation Guardians)

The Gitga’at First Nation at Hartley Bay report that a large oil slick has been spotted in Grenville Channel near Hartley Bay. It is believed that the oil is coming from the USAT Brigadier General M.G. Zalinski, a U.S. army transport ship that sank in 1946 with 700 tonnes of bunker fuel on board.

A news release from the Gitga’at says the oil spill is between between two and five miles (four to eight kilometres) long and 200 feet wide (70 metres) inside the Grenville Channel.

A Canadian Coast Guard vessel from Prince Rupert is expected in the area sometime this afternoon.

The Gitga’at are sending their own Guardians to take samples and have chartered a plane to take aerial photos of the spill, the release says.

“If this spill is as big as the pilots are reporting, then we’re looking at serious environmental impacts, including threats to our traditional shellfish harvesting areas,” says Arnold Clifton, Chief Councillor of the Gitga’at Nation. “We need an immediate and full clean-up response from the federal government ASAP.”

The USAT Brigadier General M.G. Zalinski was carrying Bunker C when it sank. The First Nation says the Canadian government has been saying it would remove the oil and munitions from the ship since 2006, but with no results.

“Right now we’re focused on getting a handle on the size of the spill and the clean-up that’s required,” says Clifton. “But this incident definitely raises questions about the federal government’s ability to guard against oil spills and to honour its clean-up obligations. As a result, our nation has serious concerns about any proposal to have tankers travel through our coastal waters, including the Enbridge proposal.”

The spill is just the latest in a series of spills of bunker oil and diesel coming from the Zalinski and the BC Ferry Queen of the North, which sank in 2006. Despite government assurances of clean-up, both wreckages continue to leak fuel, fouling the marine environment, and heightening the fear of future oil spills.

The Gitga’at depend on the ocean for 40 per cent of their traditional diet.

According to Wikipedia, the Zalinksi was enroute from Seattle to Whittier Island, Alaska, when it struck rocks at Pitt Island on Grenville Channel 0n September 26 1946, 55 miles (88 kilometres) south of Prince Rupert. The ship sank within twenty minutes, while her crew of 48 were rescued by the tug Sally N and the passenger steamer SS Catala. According to a report in The Vancouver Sun on September 30, 1946, at the time of her sinking she was transporting a cargo of at least twelve 500-pound (230 kg) bombs, large amounts of .30 and .50 caliber ammunition, at least 700 tonnes of bunker oil, and truck axles with army type tires.

Oil was first spotted leaking in Grenville Channel in 2003 and the wreck of the Zalinski was identified later that year by a remotely operated undersea vessel.

Hartley Bay is the entrance to Douglas Channel where tankers will go to Kitimat for the proposed Northern Gateway pipeline and three liquified natural gas projects.

BC NDP formally opposes Northern Gateway in letter to Joint Review Panel

The British Columbia New Democratic Party has written to the Northern Gateway Joint Review panel formally opposing the controversial pipeline project, while at the same time supporting the Kitimat LNG projects, as long as there are strong environmental controls on those projects.

A long letter from NDP leader Adrian Dix to the panel concludes by saying

as the Official Opposition, we have carefully weighed the risks and benefits of the NGP to British Columbia, and to Canada. After much consideration and consultation, we have come to the conclusion that the risks of this project far outweigh its benefits. We believe that the NGP will cause significant adverse economic and environmental effects and is not in the public interest. Therefore the NGP should not be permitted to proceed.

The letter also calls on the federal government to legislate a permanent ban on tankers for the west coast. The letter goes over the history of the Exxon Valdez spill

Eight of 11 cargo tanks were punctured, releasing about 258,000 barrels of crude oil, most of which was lost in the first eight hours. There were widespread ecological and economic impacts….To this day, vital shore habitats remain contaminated, the herring fishery has been closed for 15 seasons since the spill, and herring are not considered recovered. The clean-up costs alone are estimated at $3.7 billion…Wildlife and natural resource damages range from $8.5 billion to as high as $127 billion…. Related to the economic hardship felt by families and communities, a wave of social problems followed – alcoholism, high divorce rates and even suicides swept through the Sound’s small towns….

We simply cannot let this happen in British Columbia: the risk is just too great. Therefore, we are calling on the federal government to legislate a permanent moratorium on oil tankers and oil drilling activity on B.C.’s north coast to ensure the ecological integrity and economic and social vitality of the lands and waters of this unique region.

The letter also takes Premeir Christy Clark to task for not taking a stand on the Northern Gateway Issue

The Government of British Columbia agreed to the Joint Review Panel (JRP) process, limiting its ability to give voice to B.C.’s interests. In addition, the Province did not seek government participant status and has failed to exercise its intervenor status to fully represent the interests of British Columbians.

We note that other government agencies including an Alberta municipality, the Province of Alberta and Alberta’s Transportation Ministry, as well as the federal Department of Indian and Northern Affairs, Department of Justice, Environment Canada, Fisheries and Oceans Canada, Natural Resources Canada and Transport Canada have registered as government participants in the JRP.

We also note that the Union of British Columbia Municipalities, and a number of local
governments have passed motions opposing the NGP. These include: the Village of Queen Charlotte, Sandspit, Masset, Port Clements, Prince Rupert, Terrace and Smithers.

As the Official Opposition, we take our responsibility to represent and to protect the interests of British Columbia and British Columbians seriously. We have listened to the concerns and diverse perspectives of constituents throughout the province and we have met with stakeholders and experts about the NGP.

The letter also expresses concern about the fairness of the Joint Review Process

Four New Democrat MLAs are actively participating in the JRP, as intervenors or as presenters. Three of these MLAs represent constituencies that will be directly impacted if the NGP proceeds. The fourth MLA is our environment critic. All of them, like the thousands of other British Columbians who are participating in the JRP, are doing so in good faith.

We are very troubled by statements of the Prime Minister and Minister of Natural Resources that have caused several commentators and JRP participants to question the objectivity of the process and ask if its outcome is predetermined.

Dix is quick to point out that the New Democrats are not against sustainable economic development.

The importance of sustainable economic development International trade and responsible resource extraction are essential to B.C. and Canada’s economy.

International trade creates good-paying jobs and vital communities. To this end, we are committed to building on our tradition of further developing trade relations with China and other Asia Pacific markets to build a strong B.C. economy.

Further, we have been clear about our support for the Kitimat liquefied natural gas project while emphasizing it comes with the serious responsibility to ensure strong environmental protections. We acknowledge that all resource development and extraction has inherent risks.

Other points in the NDP letter were:

The tanker traffic to ship Alberta oil to Asian markets will require lifting of the current tanker moratorium and the Tanker Exclusion Zone, and will put the British Columbia coastline at serious risk of devastating environmental and economic damage from potential oil spills;The NGP will traverse remote and highly valued areas of B.C., and will cross almost 800 streams. The risk of spills from the proposed pipeline will put these valuable
environments and species, such as salmon, at risk;The impact of an oil leak or spill would be most severely felt by First Nation
communities. As has been affirmed by the Supreme Court of Canada, First Nations must be consulted effectively and be respected on a government-to-government level;• The greenhouse gas emissions generated by NGP-related oil sands development will
contribute to the economic, social, and environmental costs of climate change;
The NGP provides few long-term and sustainable economic benefits for British
Columbia, while shipping raw bitumen forgoes important value-added economic
development opportunities involving upgrading and refining the oil in Canada;• The NGP is forecast to increase Canadian oil prices for Canadian consumers.

NDP BC news release

BC NDP caucus letter to Joint Review Panel (pdf)

NDP BC backgrounder on the Northern Gateway (pdf)

Government move has “utterly destroyed” JRP, no excuse to wait for final report on Gateway, Cullen says

MP Nathan Cullen makes a point during an NDP leadership campaign stop in Kitimat, Nov. 11. 2011 (Robin Rowland/Northwest Coast Energy News)

The Northern Gateway Joint Review process has been “utterly destroyed” by the Conservative government, Skeena Bulkley Valley NDP MP Nathan Cullen told reporters Friday, April 20, adding a warning those who were waiting for the JRP to complete its hearings before making up their minds, “all those people like the premier and others who said there’s a good process in place, that excuse has been ripped away.”

Earlier that week, Natural Resources Minister Joe Oliver announced that the government that would introduce legislation to “streamline” the review process for major resource developments that would include such provisions as limiting the time and the number of participants and allowing the cabinet to overrule any decision or recommendation from the National Energy Board.

Cullen, who was just named Opposition House Leader, was holding his regular conference call with northwest BC reporters.

He called the changes proposed by the Conservative government for environmental assessment, ”brutal,” adding, “the already weakened rules have become fundamentally more weak.” He said it seems that the government is going to further weaken the role of the Department of Fisheries and Oceans in checking environmental impacts.

The bill, which has yet to be tabled in the Commons, will download federal responsibility for the environment to the provinces, which Cullen said could be subject to a constitutional challenge.

On the controversial Enbridge Northern Gateway project, which would see twin bitumen and condensate pipelines from Alberta to Kitimat, Cullen said, while the government’s Northern Gateway policy was not mentioned in the news conference or briefing documents, it was buried deep on the website and that indicated “it will not be up to the NEB anymore, they will retroactively apply these new rules it will now become a purely political decision. The prime minister, with all his wisdom, is going to make the final decision on the pipeline, totally undermining the process we are in now across the region.”

(The key bureaucratic phrase actually reads: “Establish clearer accountability for decisions on major pipeline projects in the national interest by giving government authority to make the “go/no go” decisions, based on the recommendations of the National Energy Board.” )

Cullen said he is already hearing that people in the northwest are frustrated and angry by the announcement. “They feel that they’ve been duped and the credibility of the panel has been destroyed by this government. And so all those people like the premier, who said the process was what they were waiting for, that process has now been utterly, utterly, destroyed.”

Cullen was inferring any decision to support or oppose the pipeline is now back in the courts of BC Premier Christy Clark and groups like District of Kitimat Council and Terrace Chamber of Commerce who have, up until now, remained neutral, waiting for the final report from the Joint Review Panel.

The Terrace Chamber of Commerce, for example, said:

We want the objective panel of experts to assess the concerns of affected parties and contrast them with procedures and equipment being positioned to mitigate any and all perceived risks. It is important that all voices are heard and all questions are asked and answered.

“The process was always threatened, a lot of people suspected that Stephen Harper would not accept a ‘no’ when it comes to this pipeline and now that’s been made explicit. And all those people like the premier and others who said there’s a good process in place that excuse has been ripped away,” Cullen said.

Cullen said he believes that people should still participate in the hearings but the panel now has to justify its existence.

“At the same time.“ Cullen said, “the government has shut down the oil response group in Vancouver and moved it 5,000 kilometres to Quebec, they’ve cut funding on our ability to protect the coast, even after the auditor general has pointed out that the current ability to protect our waters is lacking, so it looks that they are going to do everything and anything to approve this pipeline and put at risk so much of what we care about. It’s a shame but I don’t think it will lessen the resolve of people.”

Cullen called Joe Oliver’s statement that there would be more money for enforcement of environmental regulations a “shell game.”

“They cut they cut $80 million and put back $13 million and tried to pretend that’s an increase.
There is less protection for our ocean environment. At the same time, they’re pushing two major pipelines to the west coast and increasing the risk dramatically. Shutting down the operations in Vancouver, while trying to put a pipeline right into Vancouver, smacks of some sort of hypocrisy or arrogance. I mean they’re claiming budget cuts, but the prime minister is spending more on is own office, and they’re not making a single dollar cut to the F-35, which are in the billions. It’s peanuts they’re pretending to save here and it’s putting very important things at risk in our oceans.”

He expects the bill changing the rules for resource development to be introduced next week. But, Cullen added, that it is clear that government has been planning this for sometime, a fact that further undermines the credibility of the Northern Gateway Joint Review Panel. “What the government has just said is, ‘We simply don’t care. We’ve already made up our minds before hearing any testimony.’ I think they’ve made up their minds in advance of this but now it’s obvious that it was always true. You don’t put legislation like this together in a week. The bill that they are going to introduce and the press conference they had last weekend were months in the making. I know how Ottawa works. This has been around for a long time and they knew this for a long time. It’s entirely cynical.”

He expects the government will try and ram the legislation through the House and one of his jobs as NDP and Opposition House leader will be to slow it down.

“I think the very cynical anti-democratic move by the government is only going to increase the number of Canadians that will be opposed to this. So getting the message out specifically, getting people rallied around this cause and letting the government know they’re not going to steamroll us…. Continuing to try to bully us into submission is about the dumbest tactic imaginable, but I guess that’s the only one available to them. If the only tool you have the toolbox is a hammer, I guess every problem is a nail.

“Fundamentally this is a question of trust, do we trust that this government will protect the environment when it comes to oil and gas projects? And I can’t imagine an oil pipeline that Steven Harper doesn’t love. Maybe if the project went right through his living room, he may have some questions about it, but outside of that, there isn’t been a single thing that the oil industry has wanted from this government that they haven’t got, not one thing. So do you trust them to protect fisheries, do you expect them to protect us from oil spills? The answer has got to be no.”