Douglas Channel | Northwest Coast Energy News

Kitimat gets ready for Joint Review hearings, protest rally and visit by NDP federal caucus

Kitimat is getting ready for the next round of Joint Review hearings in the district on the Enbridge Northern Gateway project.

The JRP is scheduled to hold the ten minute comment hearings at the Haisla Recreation Centre on the afternoon of June 25 and 26. The hearings scheduled for June 27 have been cancelled because, the JPR says: “The number of registered participants does not require the hearing session on 27 June.” As with other locations, it appears that many people are dropping out of the hearings because given Prime Minister Stephen Harper’s determination to push through the pipeline no matter what and they feel their voices will not matter.

On Monday night, June 18, the District of Kitimat Council approved a request from Douglas Channel Watch for a protest rally to be held Sunday, June 24, at 2 p.m. in the lower parking lot at City Centre Mall. The application to the council said that a number of speakers will also address the issue of the government’s omnibus Bill C-38.

Margaret Ouwehand of Douglas Channel Watch, also noted in her application, “we wish to have a short march where participants would walk on sidewalks and obey all traffic signals.” In the report on the application, District staff noted that under the BC Municipal Code, a march of more than 30 people is considered a parade and in the case of Kitimat would also require the permssion of the local RCMP. The protest rally is being heavily promoted on Twitter and Facebook as well as more traditional media, so it is likely that there will be more than 30 people participating in the rally and march.

At the same time, some members of the federal NDP caucus will be in Kitimat for the second day of the hearings. A release from the NDP says Deputy Leader and Environment Critic Megan Leslie will lead the delegation to the northwest.

“Our caucus feels so strongly about the risks of Enbridge that many MPs are joining Megan to stand up to heavy-handed Conservative tactics,” said Skeena-Bulkley MP and House Leader Nathan Cullen. “The government has gutted environmental assessments and is trying to ram this project through and we’re not going to let that happen.”

The NDP Enbridge tour begins on Monday, June 25 with events and a public forum in Vancouver, a clear attempt to gain major media attention there, especially in an era where budget-strapped news organizations are always reluctant to send people to Kitimat.

Leslie and Cullen will then lead a smaller delegation to meet with Haisla Chief Councillor Ellis Ross and will tour a portion of the proposed marine route that oil supertankers would take to transport raw bitumen to Asia from Kitimat.

As well as attending the JRP hearings at Kitamaat Village, the NDP caucus plan to meet with local muncipal leaders in Kitimat as well as municipal officials and First Nations leaders from other communities.

“I’m really looking forward to key members of our Opposition caucus meeting with people who are directly affected by Enbridge,” Cullen said in his news release.

“Having taken part in dozens of Enbridge rallies and meetings over the years, I know there will be many very powerful moments. It’ll be pretty up front and personal.

“Megan and our caucus are here to stand in solidarity with residents of the Northwest in opposing a dangerous project that brings us so many risks and really only benefits Enbridge shareholders.”

In the evening after the JRP hearings, the NDP will then hold a public forum at the Best Western Inn in Terrace, starting about 6:30 p.m. (depending on the length of the afternoon JRP hearings)

Terrace mayor Dave Pernarowski and perhaps members of other local councils will make a welcoming statement, followed by an address from MEgan and then an information session with presentations from individuals & organizations, followed by a question and answer session and break-out groups for those interested.

With the June 27 JRP hearings now cancelled, there may be a second public meeting in Kitimat that afternoon starting at 12:30 p.m. but that is yet to be confirmed.

(Typo fixed, correcting day of rally from Monday to Sunday)

Province of BC won’t provide witnesses for Gateway Joint Review hearings

The province of British Columbia has told the Northern Gateway Joint Review that it will not provide witnesses for cross-examination during the questioning phase of the hearings.

That announcement came today, June 12, 2012, in a letter from Christopher Jones, lawyer for the province, saying that since the province “did not adduce evidence in this proceeding, it would not be presenting witnesses for cross-examination.”

The letter also suggests that those who have questions on the provincial role in the Enbridge Northern Gateway “to contact counsel for the JRP and Northern Gateway for clarification.”

The letter means that the province still has no input into the process concerning one of the largest industrial projects in BC history.

On May 10, 2012, in an story by Canadian Press reporter Dirk Meissner BC environment minister Terry Lake said the province would stay out:

B.C.’s environment minister acknowledges he’s feeling the pressure to take a stand on the proposed Northern Gateway pipeline project, but he says his government is determined to keep quiet until federal environmental reviews are completed.

Environment Minister Terry Lake said Thursday the province’s silence on the pipeline decision created a demand for clarity that the government was willing to withstand.

But he added: “We feel the pressure, of course we do, but it’s not responsible to take a position before all that evidence is before us and then we can make the best decision in the interests of all British Columbians.”

On Monday, Global TV’s Keith Baldry asked premier Christy Clark why the province is keeping out of the Joint Review Process. In her response, Clark repeated the provincial position that her government would not take a position on the pipeline and tanker project until the conclusion of the JRP. (Video of the item is not on the Global website).

In late May, the province told the Joint Review Panel it would not provide answers to questions from the Kitimat environment group Douglas Channel Watch about items that DCW felt was in provincial jurisdiction.

Province of BC Response to Procedural Conference Draft Report (pdf)

BC refuses to answer questions from Douglas Channel Watch, because province hasn’t filed Gateway evidence

Updated with comment from Douglas Channel Watch and DCW questions to province.

The province of British Columbia is refusing to answer questions from the Kitimat group Douglas Channel Watch about the Northern Gateway pipeline project because, the province’s lawyer says, BC hasn’t filed any evidence and so doesn’t have answer questions through the Joint Review Process.

In a filing on May 28, Christopher Jones, counsel for BC before the JRP says:

the province of British Columbia wishes to advise that it will not be responding to this information request as the Province has not filed evidence in this proceeding.

In the letter Jones invites Douglas Channel Watch to contact him so the group can ask questions from the “appropriate offiicial.”

The fact that the province is brushing off Douglas Channel Watch raises an even larger question, why hasn’t the province filed any evidence in one of the biggest environmental, economic and political stories in provincial history?

The filing from Douglas Channel Watch was an attempt to find out who would be financially responsible for any oil spill resulting from a pipeline breach near Kitimat that could threaten the District’s water supply, a major issue with the Kitimat based environmental group.

In an early filing with the Joint Review Panel Enbridge said.

Regardless of whether or not insurance covers losses and liabilities of Northern Gateway and/or third parties, Northern Gateway would make good the damages which it has caused. Recovery ofthese costs under Northern Gateway’s procured insurance programs would be governed by the general laws of insurance, the terms and conditions of the insurance policies and Northern Gateway’s obligations to its insurers regarding the reporting, investigation and adjustment of its incurred costs in making good the damages.

Enbridge then goes on to list the standard exclusions from insurance policies.

Criminal intent

Wilful misconduct or intent

Deliberate destruction

Intentional violation of any statute, rule, ordinance or regulation

Non-compliance with reporting and notification requirements

Breach of contract

Unfair trade, competition or deceptive acts

Nuclear liability

War, terrorism, rebellions, civil war or civil strife

In their questions to the province, Douglas Channel Watch emphasized the phrase that Enbridge would “make good the damages which it has caused.” Douglas Channel Watch then emphasized the insurance exclusion for war, terrorism or civil strife.

The group was then asking the province what its responsibility would be, especially when a pipeline goes through forested areas, which come under the jurisdiction of the Ministry of Lands and Forests.

Douglas Channel Watch is specifically concerned that

In the upper Kitimat River and Hoult Creek valleys there are very large logging clear cuts on steep slopes. The proponent intends to locate its pipelines near the bottom of these clear cuts

The main question to the province from Douglas Channel Watch is that if a landslide results from a clear cut in a geologically unstable area, and that landslide breaches the pipeline, who is responsible for the cleanup, asking these questions, which the province refused to answer:

Could this allow the proponent to avoid paying for third party damages and clean up costs if an avalanche and/or debris slide which initiates in a logging clear cut… for example, a 2,000,000 litre full bore diluted bitumen pipeline rupture into Hoult Creek or the Kitimat River?

Would not those damages to third parties and clean up costs then be paid by the party responsible ?

Would the responsible party be the Government of BC for allowing the pipelines to be located in areas which violate safe logging practices where linear infrastructure may be impacted?

If the Government of Canada imposes a decision to allow the proponents project over the objections of the Government of BC or the recommendation of the Joint Review Panel, would the Government of Canada then be the responsible party?

Murray Minchin of Douglas Channel Watch responded by noting. “It may be true the Prov of BC hasn’t submitted evidence, but they have been involved in the JRP process” by filing questions to Enbridge.

Meanwhile, Douglas Channel Watch is organizing a public forum called North Coast Reality Check at the Kitimat Riverlodge Recreation Centre on June 8 from 7 pm to 9 pm.

In a news release, Minchin, says presentations will be given by DCW members highlighting many serious issues Enbridge prefers not to talk about, such as geological and marine hazards, corrosion in double hull tankers, and socio-economic impacts of the Northern Gateway proposal.

Response from BC to IR from Douglas Channel Watch (PDF)

Douglas Channel Watch Information Request to Government of BC (PDF)

BC Government questions to Enbridge

Province of BC Information question No 1 Northern Gateway project (PDF)

Province of BC Information Request 2 (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.

Enbridge presents strong case for marine safety planning

Enbridge made its strongest public case yet Tuesday, March 13, that improvements in marine safety worldwide since the Exxon Valdez disaster in 1989, make the chances of an accident involving ships carrying bitumen and condensate in Douglas Channel and the BC Coast highly unlikely.

But one of Enbridge’s own invited experts somewhat undermined the case by pointing out that in the event of a major tanker incident (as unlikely as Enbridge believes it may be) the resources of the federal and provincial governments are spread far too thin to deal with a major disaster.

The Enbridge Community Advisory Board held a public meeting Tuesday at Mt. Elizabeth Theatre, with three guests presenting a case that they also gave to the regular meeting of the advisory board earlier in the day.

The three guests were Capt. Stephen Brown, of the BC Chamber of Shipping, Capt. Fred Denning, of British Columbia Coast Pilots and Norm Fallows, an emergency response officer with the BC Ministry of the Environment, based in Smithers.

There were only a few dozen people in the theatre for the presentation, compared the full house for last year’s community forum that was sponsored by the District of Kitimat. One reason may be that many Kitimat residents preferred being in the stands for the Coy Cup hockey championships at Tamitik Arena rather than sitting through yet another presentation on the Northern Gateway pipeline.

Denning opened the presentations by explaining the role of the BC Coast Pilots. The BC Coast Pilots is a private firm that contracts with government’s Pacific Pilotage Authority to provide pilots to ships plying the coast of British Columbia. By law all vessels larger than 350 gross registered tonnes are required to use a marine pilot.

Both in his presentation and in the question and answer period, Denning stressed that pilots are traditionally independent from government and industry, with the responsibility to ensure the safety of shipping.

In the question and answer period, when an audience member pointed out that under the Transport Canada TERMPOL process, use of tugs in Douglas Channel and use of tethered tugs was “voluntary,” Denning replied that the pilots would be insisting on tethered escort tugs for tankers on Douglas Channel.

He explained that BC pilots are highly experienced mariners, usually with 25 years or more experience on the coast, the majority of that time as a ship’s officer. An applicant to become a pilot is put on a waiting list, and if accepted, then is trained both on ships and simulators and serves a six to 12 month apprenticeship.

He said that BC coastal pilots have a 99.89 per cent incident safety record.

BC pilots now carry a large laptop called a Portable Pilot Unit, which operates independent of the ship’s navigation and computer systems gathering navigation and other data, as a redundant safety system.

Denning expects that marine traffic on the BC coast will continue to increase because the ports of Vancouver and Prince Rupert are the closest to Asia by the Great Circle routes. Both cargo and the energy projects, whether the Enbridge Northern Gateway or the the liquified natural gas terminals will mean more ships and more work for the pilots.

The pilots are always consulted in the development of any new traffic or terminal projects in BC. Including design, testing the ship’s courses in simulators, recommending new navigational aides and training for the pilots. Pilots were consulted during the development of Deltaport and Fairiew container terminals as well as the cruise ship terminals in Victoria, Nanaimo and Campbell River.

The pilots are being consulted on both the Enbridge and LNG projects at Kitimat as well as the proposed expansion of the Kinder Morgan facility in Vancouver. For the existing Kinder Morgan terminal, pilots were involved in creating navigation aides and tug procedures for the Second Narrows.

Stephen Brown is a member of the Community Advisory Board as well as representing the Bureau of Shipping. He began with a detailed timeline of how shipping regulations have been tightened over the years since what is now the International Maritime Organization, a United Nations agency, was founded in 1948. He said the Exxon Valdez accident in 1989 triggered even tighter regulations, including the 1990 US Oil Pollution Act passed by Congress which required all ships have containment capability and a spill clean up plan. The act also ordered US shippers to phase out single hulled tankers beginning in 1995. In 1992, the IMO adopted a similar measure.
Since the 1990s, there have been new regulations preventing the dumping of ballast and creating higher standards for crew and officer training, including hours of work, watch keeping standards and environmental awareness.

Brown then went on to discuss shipping in narrow waterways which he said were similar to Douglas Channel, including the Straits of Dover between Britain and France, the Straits of Malacca between Singapore and Malaysia and the island of Sumatra, the Dardanelles and Bosporus Strait in Turkey (which traditionally are said to join Europe with Asia) and the Panama Canal. All those areas, he said, see heavy shipping traffic, including tankers, each year.

The narrowest passage is in the Bosporus, which is 698 metres wide, a little less than one half nautical mile.

Comparing the Bosporus with Douglas Channel, Brown said Douglas Channel is much wider, about three kilometres, meaning that inbound and outbound ships can pass a half kilometre apart.
He went over how tanker management has improved with double hulls and better overall construction standards,vetting of ships and crews, and creating “a culture of safety and respect for the environment.”

The final speaker Norm Fallows, from the BC Ministry of the Environment Emergency Management, outlined the current emergency response system in the province. Central to any response to a oil spill or any other hazard materials problem is the “incident command system.” also used most often for fighting forest fires. The incident command system ensures that all public agencies and the private sector are cooperating and coordinating with one overall person in charge.

The province has a “polluter pay” policy, Fallows said, meaning that the “responsible party” must pay for all the cost involved. Sometimes, int he case of a meth lab, it is the unfortunate owner of a house that may have been rented by drug dealers.

Fallows said he is one of only 10 emergency response officers stationed across the province of British Columbia, In contrast, the State of Washington, with a much smaller land area than BC, has 79.

Any response to a spill has to do the best possible in the situation, Fallows said. He gave the example of burning off an oil spill in some circumstances because that was both the most cost effective solution that at the same time in those circumstances did the least harm to the environment.

In the early part of the first decade, Fallows said, some staff at the environment department were proposing what was called “Geographic Response Planning,” which involved surveying an area for both potential hazards and solutions, and bringing in local responders including fire, police and local industry. Planning for the GRP program had minimal funding, which was later dropped by the province.

In contrast, Fallows said, the state of Washington has spent millions of dollars creating a geographic response program for that state.

In response to questions from the audience, Fallows said that adequate emergency response in British Columbia needed “more resources” from both the provincial and federal governments.

Kitimat Council to consider new Enbridge forum after warning about avalanches on pipeline route

Angus McLeod and Margaret Stenson, members of the environmental group Douglas Channel Watch, wear "ocean blue" scarves at a meeting of the District of Kitimat Council, March 5, 2012. The "ocean blue" scarves represent the group's determination to protect the oceans. (Robin Rowland/Northwest Coast Energy News)

District of Kitimat Council will consider a motion at its next meeting on March 19 to hold a second community forum on the controversial Enbridge Northern Gateway pipeline.

The notice of motion was introduced by Councillor Mario Feldhoff after a request for a new forum by the environmental group Douglas Channel Watch.

Murray Minchin called for the forum after a presentation to council about the avalanche dangers at Nimbus Mountain, where Enbridge plans a tunnel through the mountain.

Minchin said Enbridge has not done a forest survey on Nimbus Mountain where the pipeline would emerge from the tunnel. However, a survey by Douglas Channel Watch members of tree growth on Nimbus Mountain, Hoult Creek on the pipeline route and Hunter Creek which are tributaries of the Kitimat River, shows strong evidence of previous avalanches which could cause serious damage to the twin bitumen and condensate pipelines.

Minchin says that documentation filed by Enbridge with the Joint Review Panel shows that while an Enbridge response crew could reach a breached pipeline in that area in four hours, it would also take four hours for as much as two million litres of diluted bitumen spilled in that area to reach the Kitimat River estuary.

The lower slopes in the area have a large population of young, small, closely packed trees and lumpy rock material on the forest floor that show that it is periodically “swept clean by avalanches,” Minchin told the council.

The young trees in the area are small because they are growing on rockfall, and there are no mature trees. There are large boulders on the lower slopes, another indication of avalanche or rock fall, Minchin said.

He showed images of middle aged hemlocks farther up the slope near the proposed tunnel exit that sometime in the past had their tops ripped off. Damage to the spreading branches of the trees on one side indicate that the trees were hit by an avalanche when they were young.

There is evidence of a major rockfall on the mountain about 50 metres above the proposed tunnel exit with rock fall material clearly visible on the forest floor. The curve of the hemlocks in the area indicate that there is still downhill movement on the slope, Minchin said.

That means, he said, that with the plans calling for the twin pipelines to be suspended 200 metres in the air over Hoult Creek, that could be hit by an avalanche.

He said the presence throughout the area of “avalanche alders” combined with the fact that there are no hemlocks, is an indication, Michin said, of regular avalanche activity.

Giant boulder brought to Houlte Creek by an avalanche — This photograph from Douglas Channel Watch shows a giant boulder and a fallen hemlock in area close to the proposed Enbridge Northern Gateway pipeline at Houlte Creek, BC. (Douglas Channel Watch)

He showed a photo of a large boulder, perhaps the size of a carport, 100 metres from the proposed tunnel exit that was brought to the area by an avalanche.

He said a study of the age of young balsam would tell an expert when the last massive avalanche occurred “but it won’t tell us when the next one will occur.” The steep slopes on Mount Houlte, leading to the pipeline route along Houtle creek mean that area which feeds the Kitimat River has seen many avalanches in the past.

The pipeline then goes into the Hunter Creek area, which Minchin says, Enbridge’s own experts have warned is also vulnerable to avalanches. At Hunter Creek, avalanche debris could temporarily dam the creek, and then, when the debris is released by spring melt or water pressure, that could a create a flash flood; a flash flood that could damage the pipelines.

He pointed to the fact the cleanup of the Kalamazoo River spill in Michigan had been shut down for the winter because the bitumen becomes too sticky to move. He then asked how much longer would it take to clean up a spill under the winter conditions of the Kitimat area. Noting that Enbridge has admitted the Kitimat river would be closed for fishing for “at least four years” he asked “How long will the cleanup take…eight twelve? And where would Kitimat get its water?”

Minchin concluded by saying if there is a pipeline breach at Hoult or Hunter Creeks, despite Enbridge’s plans, the Kitimat River downstream from those creeks would be polluted for years.

He then asked that council organize a new public forum, with three representatives, one from the Haisla First Nation, one from Enbridge and one from an environmental group, adding. “The mayor of Dawson Creek has been trotted out at every one of these forums and is irrelevant, which is why we ask that three people speak to the forum.”

Tanker traffic could mean safety restrictions for recreational boating and fishing on Douglas Channel

The TERMPOL report issued today on the increased tanker traffic on Douglas Channel may mean restrictions not only on the tankers themselves, as proposed by Enbridge, but also safety restrictions on recreational boaters and both commercial and recreational fishing.

The appendix to the report says:

The collision risk for the proposed tankers is assessed to be low. Therefore, the effect of implementing the traffic scheme would also be low, and the potential effect on oil spill risk very limited.

However a traffic separation scheme would make it easier for small recreational crafts in the area to keep out of the way of passing larger vessels as they would know which side the tankers would transit.

It also says:

Fishing openings in the waters of Douglas Channel and Principle Channel may affect the timing of vessel transits.

The proponent proposes to establish a Fisheries Liaison Committee that will include Aboriginal, commercial and local fisheries representatives who will provide advice on means to reduce the routine effects of the terminal operations and vessel movements on marine fisheries and other marine users. The committee will also provide a forum for discussion of measures to be taken to mitigate effects of hydrocarbon releases on other marine users.

While keeping out of supertankers is certain common sense navigation, any potential sevre restrictions are likely only to increase the irritation and opposition to the project by Kitimat and coastal boaters, fishers and environmentalists.

TERMPOL report on Enbridge marine operations sees “no regulatory concerns,” tankers could be “unassisted” by tugs

A report from TERMPOL for the the Joint Review Panel on Enbridge’s proposed marine operations for the Northern Gateway pipeline project, finds

While there will always be residual risk in any project, after reviewing the proponent’s studies and taking into account the proponent’s commitments, no regulatory concerns have been identified for the vessels, vessel operations, the proposed routes, navigability, other waterway users and the marine terminal operations associated with vessels supporting the Northern Gateway Project. Commitments by the proponent will help ensure safety is maintained at a level beyond the regulatory requirements.

Even though Enbridge has promised that tankers would have escort tugs, the report goes to so far as to suggest that super tankers could come and go along Douglas Channel “unassisted.”

TERMPOL has taken all the assurances from Enbridge at face value, including the use of escort tankers, and takes into consideration the company’s proposed “environmental limits (weather and sea conditions) on oil tanker navigation,” and “commitment to use industry best practices and standards.”

The report says:

The overall increase in marine traffic levels is not considered to be an issue for the shared safe use of the project’s preferred shipping routes. The proponent has also committed to including safe speeds for oil tankers and tugs in its terminal rules and requirements. It will also include safety limits for environmental and marine conditions for both vessels and terminal operations.

With the increase in shipping activity, there may be an increased threat to the well-being of marine mammal populations along the shipping route. To address this risk, the proponent has proposed measures to avoid contact with mammals. The proponent is encouraged to develop appropriate procedures to help minimize harmful effects on marine mammals.

Read the report: Transport Canada Process Report on the Enbridge Northern Gateway Project (PDF)

In a news release, Enbridge welcomed the findings, quoting Janet Holder, Enbridge’s Executive Vice-President of Western Access and the senior executive with responsibility for Northern Gateway, as saying: “It is important for the public, particularly BC residents, to know that we’ve done our homework and that our marine plan has been thoroughly reviewed. I think the TERMPOL review underlines that what we are proposing is well planned and safe – and indeed would enhance safety for all shipping on BC’s north coast.”

The release says “Northern Gateway is encouraged by the positive conclusions of this technical review of the marine components of the project – including the safe operation of the Kitimat terminal and safe passage of tankers to and from the facility through Canadian waters.”

TERMPOL is an intergovernmental agency made up of officials from Transport Canada, Environment Canada, Fisheries and Oceans, Canadian Coast Guard and the Pacific Pilotage Authority. It can make recommendations and compliance with the recommendations is “voluntary.” So far companies contemplating tanker operations along the northwest coast have agreed to follow the TERMPOL recommendations.

Marine safety simulator — A marine safety simulator (Enbridge Northern Gateway)

All of the conclusions depend on Enbridge’s commitment to implement and monitor practices for safer shipping for the Northern Gateway Project. “Tankers and shipping operations, like any other vessel operations, will have to comply fully with national and international regulatory frameworks. Through the proponent’s oil tanker vetting and acceptance process, ship operators will have to follow the proponent’s additional safety enhancements, which are designed to reduce the risks during operations.”

Termpol did note that with up “to 250 additional tankers per year arriving in Kitimat, there will be an impact on Transport Canada’s compliance monitoring programs.” This comes at a time the government of Stephen Harper is already drastically cutting the resources for the Department of Fisheries and Oceans and the Canadian Coast Guard on the west coast and is making across the board cutbacks at Environment Canada.

The simulations show that the largest proposed oil tankers are capable of safely navigating the entire proposed shipping route, unassisted. The route includes an S-curve where the channel widths are between 3,500 and 5,000 metres. Navigation simulations carried out by the proponent have demonstrated that a typical 320,000 tonne crude oil tanker loaded, or in ballast, can safely negotiate this area.
TERMPOL report

Based on reviews by the Canadian Coast Guard and computer simulations of bridge operations, the teports says the waterways comply with all Canadian and international regulations and says:

The proposed routes provide the required clearances for good vessel manoeuvrability and allowances for very large crude oil tankers to safely navigate…

The simulations showed that tankers of the largest design are capable of navigating the entire route un-assisted. This is also consistent with opinions of Pacific Pilotage Authority Canada and the British Columbia Coast Pilots. The British Columbia Coast Pilots identified some narrow sections of the waterways as warranting caution for two-way traffic. The Canadian Coast Guard identified that the Lewis Passage-Wright Sound area warrants caution as a result of multi-directional traffic. In practice, the British Columbia Coast Pilots, supported by information from Marine Communications and Traffic Services, would adjust a vessel’s speed to avoid meeting other vessels in these areas. Transit speeds may also have to be adjusted to take into account traffic in the Wright Sound area.

TERMPOL says the “proposed shipping routes are appropriate for the oil tankers that will be used at the proposed terminal,” largely because Douglas Channel is so deep.

The next sentence says “there are no charted obstructions that would pose a safety hazard to fully loaded oil tankers,” which was pretty well known by people who sail Douglas Channel.

Testimony at the Joint Review hearings in Kitimat, presentations to District of Kitimat council and the history of the region, as related by both aboriginal and non-aboriginal sailors, show that there are concerns about dangerous storms, general heavy weather, tricky winds off the mountains and currents from the rivers meeting the ocean.

The report also says the Canadian Hydrographic Service is in the process of updating several charts of the area to ensure the most accurate information is available for safe navigation.

The report does acknowledge that there could be a tanker collision in certain areas of the British Columbia coast, saying: “The narrower passages along the North and South routes, each with charted depths of 36 m (20 fathoms) or more are all wide enough for two-way navigation by the largest design vessel,” but adds that while “the proposed channels meet the specified requirements for two-way marine traffic, the BC pilots “may choose to ensure that passing and overtaking situations do not occur in the narrowest sections, by good traffic management.”

It says that in certain areas “that the meeting of two large ships …. should, in general, be avoided, particularly during severe (wind 30 knots or above) weather conditions. The reason for this restriction is that the margins for safe navigation are limited in case of an emergency situation where the engine is lost or the rudder is locked at an angle different from ‘mid ship’.”

According to the pilots, the meeting of ships at these locations can easily be avoided through oroper planning and pilot to pilot communication and available navigation and ship tracking data.

It adds, as Enbridge has proposed, “In order to mitigate risk, all laden tankers will have a tethered escort tug throughout the Confined Channel sections (from Browning Entrance or Caamaño Sound to the Kitimat Terminal).

The report adds:

It is important to keep in mind that the emergency situations described rarely occur, but that it is necessary for the Pilots and Tug Masters to rehearse these situations on a regular basis in order to be prepared in case an incident actually occurs.

Related TERMPOL

Tailings “smother everything on sea floor” at deep Norwegian fjords, scientists say: BBC

The BBC, reporting from the Ocean Sciences Meeting in Salt Lake City, says Norwegian scientists are becoming concerned about dumping huge amounts of tailings in the country’s fjords.

Reporter Jonathan Amos in Scrutiny for Norwegian fjord rock disposal says for decades some Norwegian mining companies have been using pipes at 23 sites to dump tailings as far down as 200 metres in Norway’s deep fjords. Companies are seeking permits to do more dumping.

However, there have been no major scientific studies of the consequences of dumping tailings into the deep fjords. Now the Norwegian Institute for Ocean Research (Niva) is embarking on a three year study to look at the consequences of tailing dumping on the deep ocean bottom.

The BBC quotes Prof Andrew Sweetman, a research scientist with Niva as saying,

The mining companies send these tailings down a long pipe, down below the euphotic zone, below 200m, and essentially smother everything on the seafloor…

All the animals that live in the sediments that provide food for larger invertebrates and fish, for example, will be killed off.

Potentially, you are also going to kill off a lot of deep water corals.

And you can get extremely turbid water columns, and it can stay turbid for long periods of time. So, it’s a big deal”

Amos also quotes Lisa Levin, from the Scripps Institution of Oceanography in La Jolla, California, as saying that the Norwegian tailings story was a classic example of an activity being undertaken without fully understanding its consequences.