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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.

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)

View Larger Map

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.

Enbridge to spend $1.6 billion to upgrade Michigan pipeline, old line will be “abandoned in place”

Enbridge announced Thursday, May 10, 2012, it plans to spend $1.6 billion to upgrade and replace its pipeline through Michigan and Indiana, including the site of the leak in to the Kalamazoo River in July 2010. What Enbridge calls the “6B pipeline” broke open near Marshall, Michigan and spilled more than 840,000 gallons of bitumen sands oil into Talmadge Creek and the Kalamazoo River.

That doesn’t mean, however, that the broken and now disused pipeline will be demolished. Enbridge says that pipeline will be “abandoned in place,” meaning it will be deactivated, purged of any remaining oil and then filled with an “inert gas,” a move that is permitted under United States pipeline safety regulations.

In a fact sheet, Enbridge says it plans to replace approximately 75 miles of its 30-inch diameter “Line 6B pipeline.” The 75 miles to be replaced with new pipe consists of about 10 miles in Indiana and 65 in Michigan, with replacement pipe to be either 30 or 36-inch diameter pipe in Indiana and southwestern Michigan and 30-inch pipe in the eastern Michigan segment.

Enbridge map of pipeline 6B — A map, released by Enbridge, showing its plans for upgrading and replacing the 6B pipeline in Michigan and Indiana.

Enbridge says the new pipeline will closely follow the route of the old one.

Completion of this project, scheduled for late 2012, should result in fewer integrity digs and repairs along the replacement segments in the future, resulting in fewer disturbances to landowners and local communities.

For this project, we plan to remove the oil from the pipe segments being replaced and fill them with nitrogen before abandoning in place, as prescribed in regulations. In most cases, the new pipe segments will be installed adjacent to those segments being replaced.

Enbride says the “The Line 6B Maintenance and Rehabilitation Project” is part of the company’s “pipeline integrity maintenance program” that includes:

Using high-quality steel and anti-corrosion coatings when constructing our pipelines.
Installing cathodic protection (a low-level electrical charge) to inhibit corrosion of underground pipelines. Pressure testing of new and existing pipelines with
water.
Periodically inspecting the inside of the pipeline with sophisticated tools called “smart pigs” to locate
pipe abnormalities so they can be corrected.
Conducting preventive maintenance programs.
Continually monitoring pipeline operations from Enbridge’s control center, which has remote shut-down capabilities and can monitor pressures and conditions when the pipeline is flowing.
Completing regular ground and aerial inspections of the right-of-way.
Providing public awareness safety information to emergency responders, local public officials, excavators and those who live and work along our pipelines.

Enbridge says the aim of the project is to restore the capacity of the pipeline to meet increasing
demand driven by current and planned refinery upgrades and expansions in Michigan, Ohio
and eastern Canada.

Enbridge plans to complete the Indiana segment of the replacement pipeline by 2012. As for the Michigan pipeline, the company says four segments will be completed in 2012 and the last 160 miles will be completed in late 2012 or early 2013.

All of Enbridge’s plans are subject to U.S. Federal and state approvals.

As for the spill in the Kalamazoo River, the Kalamazoo Gazette, in covering the Enbridge announcement reported today

Although one section of small section of the Kalamazoo River that had been closed following the Enbridge spill in 2010 reopened last month – just three of the 40 miles affected – environmental officials have said significant amounts of oil still remain submerged in the river bed, although they say it is not dangerous to human health. State and federal agencies are slated to open more parts of the river in coming months pending investigation.

NPR Michigan Radio Enbridge wants to replace 200 miles of aging pipeline in Michigan

Documents

Enbridge Handout Line 6B Phase 2 (pdf)

Enbridge Handout Line 6B Replacement Project (pdf)

Enbridgemapcanadaus — A map released by Enbridge showing its central Canada and US pipelines

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)

Kitimat council calls on Joint Review Panel, Enbridge to ensure viability of town water supply

District of Kitimat council votes on JRP motion — District of Kitimat Council votes unanimously Apr. 2 to inform the Joint Review Panel about concerns about the town's water supply. (Robin Rowland/Northwest Coast Energy News)

District of Kitimat council voted on Monday, April 2, to ask the Northern Gateway Joint Review Panel to ensure that the town’s water supply is protected if the controversial pipeline is built. A second motion called on Enbridge to give the district a detailed and public presentation on its provisions to protect the water supply in the case of a pipeline breach along the Kitimat River.

That second motion was passed after a motion from Councillor Phil Germuth holding Enbridge responsible for any disruption to the water supply was defeated by a vote of 4-3. However, council’s new motion did not preclude Germuth asking Enbridge his original questions about liability.

Germuth had presented council with the two original motions, after a presentation in March
by Douglas Channel Watch about the dangers avalanches could present to the Enbridge twin pipelines along the Kitimat River watershed.

The first motion called on the District of Kitimat to present a written position to the Joint Review Panel based on the district’s status as a government participant emphasizing the potential dangers to the water supply and noting that the mayor and council are “legally responsible to make every effort to ensure the city of Kitimat’s water supply is uninterrupted and of the highest quality.”

Councillor Phil Germuth (Robin Rowland/Northwest Coast Energy News)

After introducing the motion, Germuth said he believed the motion went along with council’s position to remain neutral because nothing in the motion took a position for or against the project.
Councillor Mario Feldhoff said he supported the motion without supporting all the details of Germuth’s full statement, a indication of the more intense debate to come over the second motion.

Mary Murphy also supported the motion, pointing to the potential problems of “transporting hydrocarbons” by both tanker and pipeline.

Mayor Joanne Monaghan said she had a problem with the motion because had earlier passed a motion saying it would wait to take a position until after the Joint Review Panel had reported.

Councillor Corinne Scott said she would speak for the motion, agreeing that this was a request for information and not saying council was for or against the project, adding “we are all concerned about the potential of what could happen to our water supply.”

Read Councillor Phil Germuth’s motions (pdf)

Feldhoff agreed that a letter to the JRP was not taking a position, adding, that on receipt of a letter the Joint Review Panel should take a very serious look at the issue of the water supply of Kitimat. Monaghan agreed but said if the council was to write the letter that it be accurate.

Feldhoff then proposed a friendly amendment calling on District staff to write a draft letter to the Joint Review Panel that council could then examine and agree to.

With the amendment, the motion passed unanimously.

Germuth’s second motion was more contentious, calling on Enbridge to provide detailed plans for ensuring the quality of water for the District of Kitimat and accepting “full liability” for the restoration of the Kitimat’s “entire water system” in case of a pipeline breach. Although some councilors had reservations about Germuth’s list of items, they agreed that Enbridge be called to meet council “face to face,” as Monaghan put it, by responding in person rather than by letter.

Enbridge had already responded to the motion from the previous meeting, calling on it to respond to the concerns raised by Douglas Channel Watch about the possibility of avalanche danger in the Nimbus Mountain area.

In an e-mail to council, Michele Perrett of Enbridge maintained that most of the issue had been addressed by Enbridge in either its original filing with the Joint Review Panel or by subsequent responses to information requests to the JRP, adding

Specifically we have filed geotechnical studies and responded to information requests that include information on avalanches, rock fall, glaciomarine clay slides, debris flows and avulsion in the Kitimat area and have reviewed information filed on this subject by intervenors.

The e-mail said that Drum Cavers, a geotechnical specialist would be making a presentation to council on Monday, April 16.

Enbridge e-mail to District of Kitimat Council (pdf)

Monaghan noted that Douglas Channel Watch and other groups are limited by council policy to 10 minutes and that Murray Minchin had told council that to be fair, Enbridge’s response should also be limited to 10 minutes. Council agreed that the 10 minute limit is needed to make sure that council meetings finish on time and there was some discussion of allowing Enbridge to make a more lengthy presentation outside of a regular council meeting. That would allow Enbridge to not only respond to the earlier concerns about the Nimbus Mountain avalanche danger but also to the concerns about the town’s water supply.

Some members of council, led by Feldhoff, also expressed reservations about the seven points raised by Germuth; others wanted to possibly add their own concerns to any questions for Enbridge. Feldhoff was not prepared to vote for the original motion without more information.

Feldhoff then asked that the district administration prepare a report on the water supply, saying “I think the concerns may be somewhat overstated at the moment.” Councillor Rob Goffinet also called for a report from district staff on the “ramifications for our water supply,” adding that council should not “engage with Enbridge” until that report was ready.

Germuth’s motion, with all of the original questions, along with the invitation for Enbridge to make a public presentation, was then defeated by a vote of 4-3.

Councillor Scott then moved as part of the presentation that Enbridge was earlier invited to present that water issues be added to the list and that council draft a list of questions for the company, that could include Germuth’s original questions.

Germuth asked if the council could put a time limit on Enbridge’s response because the federal budget calls for limiting to the Joint Review Panel. Feldhoff responded that the new motion concerned council’s concerns just with Enbridge and that council should be respectful of Enbridge and hopefully the company could integrate those questions as well.

Goffinet said he wanted Enbridge to know all of the district’s concerns and so, in effect, this motion would get what Councillor Germuth wanted but by a different route, adding that if Cavers, Enbridge’s geotechnical expert, was unable to answer the question, Enbridge would be asked to return and answer the questions at a later date at a public meeting.

That motion passed unanimously.

Update:

Mary Murphy clarified her remarks in an e-mail by saying

I stated I had concerns with all hydro carbons transported along the river coastline…like CN Rail and transporting hydro carbons and the likelihood of a derailment etc, andhow that would also effect our waters. CN Rail is and has been transporting hydro carbons, etc for some time, and have had severe derailments.

Kitimat Council invites Enbridge to respond to avalanche worries

District of Kitimat Council voted unanimously Monday, March 19, 2012, to invite Enbridge to make a presentation to council about the concerns about avalanches along the Northern Gateway pipeline route that could threaten the town’s drinking water.

Two weeks earlier Murray Minchin of Douglas Channel Watch gave a detailed presentation that he said showed evidence of major avalanches in the past on the bitumen and condensate pipelines route. Minchin said at the time a major avalanche could breach the diluted bitumen pipeline and quickly threaten Kitimat’s drinking water.

At the time, Minchin asked that council sponsor a new public forum that would include representatives from Enbridge, the Haisla First Nation and an environmental group.

However, Monday’s motion from Councillor Mario Feldhoff read:

That we invite Enbridge to make a presentation to Council addressing issues raised by Douglas Channel Watch in Mr Minchin’s March 5, 2012, presentation to Council entitled Nimbus Mountain area.

The motion was quickly carried with almost no discussion.

The water supply problem is worrying some members of council. Councillor Phil Germuth said that in the future he will be introducing a motion that will call attention to worries that, in case of a pipeline breach, that Kitimat would not have a water supply for months or even years.

At the opening of the meeting, Veronica Bilash, of Douglas Channel Watch, gave a presentation, based on information from West Coast Environmental Law on the responsibilities of municipalities when it comes to the proposed pipeline and presentations to the Northern Gateway Joint Review process.

Bilash criticized council for not participating in the Joint Review panel.

Administrator Ron Poole said Kitimat is an intervenor in the process, but, so far, Kitimat has not formally taken part in the Joint Review. Kitimat is actually listed as a “government participant.” The district has not filed any documents with the JRP.

Veronica Bilash speaks to Kitimat Counci about municipal responsibilities. (Robin Rowland/Northwest Coast Energy News)

The council has voted to remain neutral and not take any position until the JRP has issued its report. Bilash said that this position is preventing Kitimat from making any views based on municipal responsibilities until it is too late.

In the presentation, written by West Coast Environmental Law staff lawyer, Josh Patterson, points out that municipal governments have responsibility for

human occupancy and resource use, social and cultural well-being, health, infrastructure and services, and employment and the economy
infrastructure and services for construction-related traffic and transient population
Patterson noted that local governments will bear the burden “for any emergency response and clean-up and lasting economic, employment, health, environmental and social impacts form a potential large oil spill.”

Bilash said that Kitimat would face major impacts in these areas and that by remaining neutral, council was not facing its responsibilities.

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.”

Enbridge closes Illinois pipeline after fiery crash near Chicago

Enbridge has closed a pipeline in Illinois after a car crashed into the pipline in a Chicago suburb, killing two people and setting off a fire that burned for about three hours. The pipeline leaked for about six hours.

The Chicago Tribune reported that a car crashed through a fence in New Lennox, Illinois, a Chicago suburb, and struck the pipeline. Two men in the car died, three others, all in their 20s, in a second car, were injured. The Tribune says environmental and repair crews were able to seal the leak.

The Calgary Herald reports:

Enbridge Inc. said on Sunday it does not know yet when it can restart a key segment of its oil pipeline system in the U.S. Midwest, after a deadly vehicle accident in Illinois caused an oil leak and fire, likely squeezing supplies for refiners in the region.

The outage of Enbridge’s 318,000 barrel a day Line 14/64, which extends to Griffith, Indiana, from Superior, Wisconsin, is also expected to pressure already-weak prices for Canadian crude this week as supplies back up in Alberta, market sources and analysts said.

The Chicago Sun Times, in a more detailed report, “‘It’s horrible, horrible, horrible’: 2 dead in oil pipeline crash” says there were two vehicles involved in the crash about 2:05 am that caused an explosion that burned for hours

The fire that erupted in New Lenox Township could be seen from at least a half-mile away and wasn’t put out until 5 a.m., three hours after the explosion, and the pipeline wasn’t capped for six hours. The situation was so hazardous that even by Saturday afternoon, coroner’s officials had not been able to recover the bodies…

A Ford Mustang with two people inside and an SUV with three occupants were apparently driving side by side when they went through a chain-link fence at the end of a dead-end road and traveled about 125 feet before striking the pipeline. The crash ignited the crude oil inside the pipeline.

A worker said the impact with the pipe appeared to have “sheared off” the top of the Mustang.

The Sun Times says a local police officer was able to help the three injured men escape from the SUV and then get over the fence. No one was able to help the two men in the Mustang. One of the dead was later identified as a local firefighter.

The CBS News bureau in Chicago reported;

The crude oil leak was capped at 8 a.m., said Rich Adams, vice president of U.S. operations for Enbridge Energy Company.

“When you hit a liquid fuel line, usually it’s not very good. They can ignite and there was ignition,” New Lenox Fire Protection District Chief Jon Mead said.