TD Waterhouse posts Reuters analysis: Enbridge pipeline deal with native group fraying

Energy First Nations Economy

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TD  Waterhouse Marketwatch has picked up an analysis from Reuters Enbridge pipeline deal with native group fraying. Not the best news for Enbridge now that a major bank is letting the markets know about the unraveling deal with the Gitxscan Treaty Organization and Elmer Derrick.

A deal with a native chief that Enbridge Inc
held up last week as an example of rising support of their planned oil
pipeline to the Pacific appears to be unravelling as the community
battles over who has the authority to make a deal.

Pipeline
operator Enbridge touted the Gitxsan agreement to take an equity stake
in the Northern Gateway pipeline as the first public display of what it
says is substantial support for the C$5.5 billion ($4.5 billion) project
among British Columbia’s First Nations…

Enbridge signed the deal with Hereditary Chief Elmer Derrick, chief
negotiator for the Gitxsan Treaty Society (GTS), an embattled
organization that is facing a legal challenge to its authority from four
of the five community bands that make up the first nation….

“Many of the hereditary chiefs said that they
had not been directly posed the question of ‘Do you want to sign this
deal with Enbridge?’,” said Doug Donaldson, who represents the region in
the British Columbia legislature. “From a Gitxsan governance point of
view, that’s not the way decisions are made, as far as not consulting
everyone.”

Enbridge boss points to ‘curious’ funding of pipeline opposition by U.S. charities: Edmonton Journal

Energy Politics

The Edmonton Journal reports Enbridge boss points to ‘curious’ funding of pipeline opposition by U.S. charities

The man chosen as Canada’s top executive of 2011 has added his voice to those who argue that major U.S. charities have a hidden agenda when they finance Canadian environmental and aboriginal groups opposed to a pipeline that would open up Asian markets to the oilsands industry.

Enbridge Inc., president Patrick Daniel joins Prime Minister Stephen Harper, who recently delivered an even more blunt accusation about the possible ulterior motives of American trusts providing millions to the anti-oilsands movement.

They assert, directly or by inference, that the foundations and trusts oppose Enbridge’s $5.5-billion pipeline to Kitimat, B.C., because the link to Asian markets would end the U.S. near-monopoly on below-market-priced oilsands bitumen.

“I guess one’s mind runs to why do U.S. foundations feel they need to come here to fund opposition to a project that is obviously not in the U.S. national best interests. It is curious,” Daniel, named Canada’s 2011 chief executive of the year by Caldwell Partners, told the Edmonton Journal.

Enbridge unswayed by Gitxsan controversy: Vancouver Sun

Energy First Nations

The Vancouver Sun reports Enbridge unswayed by Gitxsan controversy

Enbridge Inc., on Monday, remained unruffled by the growing controversy in north western British Columbia communities surrounding the participation agreement it signed Dec. 2 with the Gitxsan First Nation.

“I’ve seen some comment, I don’t know that that’s a considerable amount,” said Paul Stanway, Enbridge’s spokesman on the project. “As I said, we’re comfortable with the agreement we reached.”

Stand firm against “divide and conquer” tactics on pipeline, Wet’suwet’en say

Energy Politics First Nations

In a news release posted on the Aboriginal Women’s Action Network Facebook page, 13 Wet’suwet’en chiefs are criticizing what they call “divide and conquer strategies’ of industry and government” in advocating the Enbridge Northern Gateway Pipeline. The reference is the signing Friday of an agreement with Enbridge by Elmer Derrick of the Gitxsan Nation, an action denounced by other Gitxsan people.

Text of release

United We Shall Win the Battle against Enbridge

 Moricetown, British Columbia 

 The
Wet’suwet’en feel compelled to address our many friends and supporters
in the fight to resist the pressures of the tar sands. It comes as no
surprise to us that the money of the oil barons is being used to drive a
wedge between the Nations who stand united in opposition to the
Northern Gateway pipeline.

 “We are very familiar with the
‘divide and conquer strategies’ of industry and governments but we stand
firm in resisting these pressures”, says Chief Kloum’Khun. “There is a
lot at stake in this fight. From First Nations in the
Athabascan/Mackenzie watershed who are suffering from the chronic
consequences of tar sands development out to BC coast with the threat of
oil tankers through the waters of Coastal First nations.”

 Wet’suwet’en
territory encompasses the headwaters of the Fraser watershed and major
tributaries of the Skeena watershed (Morice/Bulkley River) and feed BC’s
most vibrant salmon fisheries. Enbridge’s proposed pipeline route will
rip the heart out of our traditional lands and place our functioning
ecosystems in dire peril.

Chief Na’moks says, “This pipeline
proposal does not meet the need of current and future Wet’suwet’en
people. This decision was made through a series of clan meetings held
with Wet’suwet’en people using our traditional laws. Today we continue
to stand firm in our opposition to Enbridge.”

 “For the Wet’suwet’en, we will not risk our culture and livelihood for a few petro dollars.”

 Regarding,
the internal conflict currently being experience by our Gitxsan
cousins, we feel deeply. We remain committed to continued collaboration
in our fight against the Enbridge tar sands pipeline. This is merely the
beginning of a lengthy fight and collectively we must remain steadfast,
and honourable and stay the course.

 The Wet’suwet’en have
a history of collaboration. We jointly worked with the Gitxsan Chiefs
in the historic Delgamuukw/Gisdayway court case. We supported the
Tsilhqot’in First Nation’s fight against the Prosperity Mine proposal
and the destruction of Fish Lake. We are supporting the Tahltan First
Nation in their opposition to Royal Dutch Shell’s attempt to develop
coalbed methane in the Sacred Headwaters. We are interveners in the
Hul’qumi’num petition to the Inter-American Petition on Human Rights. 

 UNITY ABOVE ALL ELSE & WE SHALL WIN THIS BATTLE. Be strong friends!

Chief Kloum’Khun (Alphonse Gagnon)

Chief Smogelgem (Gloria George)

Chief Nedabees (Warner Williams)

Chief Samooh (Herb Naziel)

Chief Hagwilnegh (Ron Mitchell)

Chief Wah’Tah’Kwets (Frank Patrick)

Chief Wah’Tah’Ghet (Henry Alfred)

Chief Nam’oks (John Ridsdale) 

Chief Wigitamschol ( Dan Michell) 

Chief Kweese (alternate Bill Naziel – Mutt)

Chief Madeek (Jeff Brown) 

Chief Gisday’wa (Dr. Alfred Joseph)

Chief Woss (alternate Darlene Glaim – Gyolo’ght)

 

Gitxsan again reject Enbridge deal, demand resignation of GTO employees

First Nations Energy Environment

Leaders of the Gitxsan Nation have again rejected the deal the Gitxsan Treaty Organization made with Enbridge, endorsing the Northern Gateway Pipeline.

A press release published on Facebook by the environmental group Pipe Up Against Enbridge says in part.

On Sunday, December 4th, 2011, 3 of the Gitxsan Clans held separate meetings in 3 locations to voice their concerns and consider their future action in regards to the announcement of the signing of an agreement between the Gitxsan and Enbridge.

Gitxsan people were unaware of the undertakings with Enbridge. The Gitxsan people through Simogyet Delgamuukw say, “NO to the Enbridge Pipeline Project”. Numerous concerns from the meetings were brought forward to an emergency Gitxsan Treaty Society Board meeting held on Sunday afternoon, December 4th, to have the Gitxsan voices transferred into action.
 
On Sunday evening, an All Clans meeting was held to discuss the unified direction of the Gitxsan. Simogyet Delgamuukw was selected to be the spokesperson for the Gitxsan. The Simgigyet (Gitxsan Chiefs) stated: “We have traditional protocols in place that dictate the actions of the Gitxsan people when making important decisions that will impact the whole Gitxsan Nation and/or neighbouring Nations. These protocols were not followed by the Gitxsan Treaty Society negotiators.”

Immediate action has been taken to deal with the people responsible for negotiating and signing the agreement with Enbridge. The press release of December 2nd, 2011 was not sanctioned by the Gitxsan. All government agencies and other related business contacts are put on notice with this press release that our 2 negotiators and our Executive Director no longer represent the Gitxsan at any level.

The Globe and Mail in Gitxsan hereditary chiefs demand negotiators in Enbridge deal resign reports:

After emergency meetings over the weekend, a group of hereditary chiefs marched on the offices of the Gitxsan Treaty Society on Monday to demand the immediate resignation of three of the society’s employees. Those employees include Elmer Derrick, a Gitxsan Treaty Society negotiator and a hereditary chief who on Friday announced a deal with Enbridge to support the Northern Gateway project.

Kent attacks foreign “mischief” in opposition to Gateway:Sunmedia

Politics Environment

Environment minister Peter Kent  has attacked critics of the Northern Gateway pipeline while speaking to reporters at the climate conference in Durban, South Africa,  Sunmedia/Quebecor reports.

Foreigners funding ‘mischief’ against Canada’s oilsands: Kent

Environment Minister Peter Kent has warned that some of the opposition to the Enbridge Northern Gateway pipeline, which would run from Alberta’s oilsands to a new marine terminal in Kitimat, B.C., is not genuine.

“Our government is concerned about some outside finances that have come in to interfere and obstruct what is a legitimate development of … responsibly developed and sustainably developed Canadian resources,” Kent said from a climate conference in Durban, South Africa.

Lake Babine Nation demands apology from Gitxsan Treaty office for Enbridge deal

Energy Politics First Nations

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The Lake Babine Nation has issued a news release demanding an apology for the Gitxsan Treaty Office “for signing an agreement with Enbridge that could impact the Lake Babine
Nation’s lands and resources without first consulting with the Lake
Babine Nation.”

The release from Chief Wilf Adam of the Lake Babine Nation only adds more controversy to Friday’s announcement of a deal between the Enbridge Northern Gateway project and Elmer Derrick who represents the Gitxsan Treaty Office. Other Gitxsan, both hereditary leaders and members of elected councils are also disputing the deal.

Complete text of Babine Lake Nation release:

The Lake Babine Nation is demanding an
apology from the Gitxsan Treaty Office (GTO) for signing an agreement
with Enbridge that could impact the Lake Babine Nation’s lands and
resources without first consulting with the Lake Babine Nation.

Chief Wilf Adam, speaking for the Lake Babine Nation states,
“The pipeline will not cross Gitxsan territory. They will not bear any
of the risks or the costs. It is us, along with the other Nations
through whose territories the tar sands oil will be transported, who
will suffer the consequences. It is us who stand to lose our resources,
our way of life. By supporting Enbridge the GTO has potentially
encouraged an infringement upon our Rights and Title. And they have done
so without any prior consultation.”

Chief Adam goes on to say, “The GTO has shown an incredible
disrespect for their neighbouring First Nations. The Lake Babine Nation
demands an immediate apology and a commitment to consult with us in the
future.”

It is also seeking a formal retraction and apology from the
Gitxsan Treaty Office for the statements their Chief Negotiator, Elmer
Derrick, gave to the media December 2. Mr. Derrick described five
streams that flow into Babine Lake, and the salmon they support, as, “an
important resource to the Gitxsan. He also said that the Gitxsan, “want
to be at the same table with Enbridge to have a say in how the pipeline
will be built”.

Chief Adam declares, “The streams, Babine Lake, and the
salmon resources they support, are all within the territory of the Lake
Babine Nation. These are the Lake Babine Nation’s resources, not the
Gitxsan Treaty Office’s. Neither Mr. Derrick, nor the GTO, has any right
to speak to anyone about our resources or the way that may be
developed.”

The Lake Babine Nation demands a retraction of Mr. Derrick’s
statement and an apology from the Gitxsan Treaty Office for Mr.
Derrick’s remarks. Chief Adam continues, “People know I oppose the
Enbridge’s Gateway project. And I am appalled that the GTO would support
Enbridge at the expense of other First Nations. But this is not why I
am angry. I am angry because the GTO is encouraging resource development
on Lake Babine Nation’s territory, and has done so without any prior
consultation with our Nation.”

Chief Adam concluded by saying that, “The Enbridge pipeline
will come within 200 feet of my house. It won’t come within 50 miles of
Gitxsan territory. It is the Lake Babine Nation, along with many, many
others that will bear all the risks and costs, not the GTO.”

The Lake Babine Nation’s territory lies north of Highway 16,
stretching from east of Burns Lake to well west and north of Smithers.
It encompasses Babine Lake, the second largest sockeye producing system
in the Province. Salmon remains a vital contributor to the Lake Babine
Nation’s culture and economy. In 2011 the Lake Babine Nation’s
commercial fishery was the second largest sockeye fishery in British
Columbia producing almost 200,000 selectively harvested sockeye.

Enbridge response to Gitxsan controversy

Enbridge has released a response to the controversy over its agreement with Elmer Derrick of the Gitxsan Treaty Office.

Agreement With Gitxsan Hereditary Chiefs

• Enbridge
Northern Gateway Pipelines welcomes the agreement with the Gitxsan
Hereditary Chiefs on behalf of the Gitxsan Nation. We believe it
demonstrates vision and leadership and will bring significant benefits
to the Gitxsan people.

• The agreement is between the
Gitxsan First Nation as represented by Gitxsan Hereditary Chiefs, and
Enbridge Northern Gateway Pipelines. The Hereditary Chiefs hold title to
Gitxsan territory and are the negotiating authority for the Gitxsan
Nation.

• The agreement is expected to deliver $ 7 million
in net profit to Gitxsan. Northern Gateway is providing financing. This
commitment to partnership has helped provide foundation for pending
Gitxsan and Enbridge dialogue regarding regional renewable energy
projects

• Aboriginal participation in Northern Gateway is
an important goal, and one we have worked hard to achieve. The design of
our benefits offering reflects years of consultation with First Nations
and Métis communities along our existing and proposed pipeline
rights-of-way.

• We believe these commitments will break
new ground by providing an unprecedented level of long-term economic and
social benefits to Aboriginal communities in the North. We are working
to ensure Northern Gateway will create a positive long-term impact on
the economy and way of life of northern residents, particularly
Aboriginal communities.

• Through equity ownership,
Aboriginal people will be able to generate a significant new revenue
stream that could help achieve the priorities of their people – such as
improved health care, education and housing.

All quotes can be attributed to Enbridge spokesman Paul Stanway.

Financial meltdown hits oil tanker fleets

Energy Business Tankers

648-P1050771.jpgA tanker entering Prince Rupert harbour. (Robin Rowland/Northwest Coast Energy News)

The world’s oil tanker companies are in financial meltdown, a crisis little noted outside the industry itself and the financial media, a crisis caused, experts say, by combination of the weakening world economy and an over abundance of the giant vessels that ply the world’s oceans filled with crude .  

 Although oil prices are generally on the rise, this has not helped the tanker fleets, because overall demand for oil is down and  there is a  “glut” on the tanker  market, with too many vessels, so chartering and transportation fees are dropping. ( One ship broker reports that “day rates for leasing tankers” have dropped 47 percent since the start of 2010.  Rates for tankers were $229,000-a-day  at the peak of the market in  2007. By mid-November that had dropped to  $28,829).

The crisis in the tanker industry first hit the financial news in mid-November.

649-TORM_Logo.jpg On November 16, 2011, Torm, a Danish tanker company warned investors that it was revising expectations and stated that the company expected to lose $175-$195 million US (pdf) for 2011, because freight rates  in the second half of 2011 for tankers, especially the large tankers, had  been “lower than expected.”

650-gmc.jpgOn November 17, 2011, General Maritime Corp., a New York based major American crude transportation company that describes itself “one of the world’s largest and most diverse fleets of tankers, filed for Chapter 11 bankruptcy.  GMC is said to be the second largest American flagged crude carrier.

According to Reuters,the same day, Torm told the markets it was  in talks with creditors. Three days later, on Nov. 20, Torm (pdf) cancelled an order for a new tanker that would have been delivered in 2013.

651-frontlinelogo.jpgOn Nov. 22, Frontline Ltd, based in Bermuda, reported that the company could run out of money in early 2012.  Frontline has one of the world’s largest tanker fleets, including Very Large Crude Carriers. The company has $1 billion in bonds and loans due in the coming decade, and is looking for new cash.

 652-acmlogo.jpgOn Nov.  23, ACM Shipping, a  British company, told The Financial Times  that company was taking a £6.85 million write-off largely due to poor market conditions. The paper added that ACM had strong cash reserves and ACM CEO Johnny Plumbe was confident about ACM’s  medium to long-term prospects.

The Financial Times says the oil tanker industry is facing “the worst market conditions in 25 years.” The FT adds that the oversupply of ships has pushed earnings for most tankers to well below the level required to cover operating costs   The paper also noted that ACM is “one of a handful” of tanker companies publicly listed on stock exchanges, raising questions about the state of the books of privately held tanker companies, which do not report.

Both the Reuters report and  the financial website The Street quoted analysts as saying that more tanker company bankruptcies were expected.  The analysts say at least in the near future, the tanker companies will probably have trouble getting bank financing. The reports also say that the Eurozone crisis could make things worse, but if the economy rebounds, the industry could recover in late 2012, or 2013.

General Maritime Corp listed total assets of $1.72 billion and liabilities of $1.41 billion as of September. The private equity company  Oaktree Capital Management will provide it with $175 million in equity.  Creditors will defer cash payments of about $140 million to June 2014. GMC.

 ACM said its revenue decreased by 9% to £13.2 million mainly due to adverse currency movements and the company still made a before tax and amortization of  £2.3 million. It said it had a strong cash position of £4.9 million at 30 September 2011 and no debt (£5.0 million as at 31 March 2011)

Frontline’s third quarter report said it had a net loss $44.7 million in the third quarter of 2011. The company’s long term outlook says world oil consumption is rising but American imports (at least by tanker) will continue to decline unless that country’s economy recovers.
 
According to Bloomberg, John Fredriksen, the Norwegian-born billionaire who controls a 34 percent stake in Frontline and serves as its chairman, “has the funds available and he is prepared to go in and try to find solutions” if creditors go along, says Tor Olav Troim, one of his aides.

The Financial Times notes that the shipbrokers – who arrange the buying, selling and chartering of ships – suffer earnings declines as their commission is dependent on earnings by the shipowner.

The financial crisis in the tanker industry is going to add new factors to the debate over current and proposed tanker traffic along the west coast of  British Columbia, especially with the energy industry and the government of Prime Minister Stephen Harper pushing for greatly increased tanker traffic along the coast on the assumption that the Enbridge Northern Gateway pipeline is approved.

That’s because Enbridge has acknowledged that company is no longer legally responsible for the bitumen crude once it has been loaded on a tanker for shipment to a customer.  Enbridge, has however, filed thousands of pages of contingency plans for handling any oil spill that may occur in Kitimat harbour, along Douglas Channel or the British Columbia coast.

Under Canadian and international law, the tanker owners are legally responsible for any damage caused by a wreck or spill along the coast.  Under plans filed by Enbridge with the Joint Review Panel, the tanker companies are also supposed to  have to have special training for officers and crew, not only to ply the waters of British Columbia but what do in the case of an accident at sea, in the Douglas Channel and the Kitimat terminal.

Many of the tankers that will call at the proposed Enbridge terminal will be the Very Large Crude Carriers.  Frontline, one of the companies’ in financial difficulty, owns many of the world’s VLCC (see list)

While there are international contingency funds marked to handle spills, one question has to be whether or not a bankrupt company, now or, if in the future if still in bankruptcy protection, be able to able or willing to pay compensation for a spill.

It is highly unlikely that tanker rates will return to the highs seen in 2007.  Operating costs are likely to be a problem for tanker companies in the future, even if the economy comes back to life.

As has been seen in other industries, financial problems, even if a company is not bankrupt, usually leads to cutbacks in areas such as maintenance and training.
        

See also Huffington Post Frontline Shares Down On Dismal Earnings, Oil Tanker Company Needs Cash, Debt Restructuring

    

Gitxsan chiefs, band leaders, “stand in solidarity” opposing Gateway pipeline, say they do not support Derrick’s Enbridge agreement

Energy Politics First Nations

A coalition of Gitxsan hereditary leaders and band councils have repudiated Friday’s announcement by Elmer Derrick of an agreement with Enbridge to take an equity stake in the Northern Gateway Pipeline. A news release from the group says The Gitxsan people are outraged with the Enbridge Northern Gateway Pipeline Agreement.”

Complete text of release:
 

Contrary to the announcement of Elmer Derrick of today’s date, the representatives of the Plaintiffs to the British Columbia Supreme Court Action No. 15150, cited as Spookw v. Gitxsan Treaty Society, oppose the Agreement. The Gitxsan plaintiffs include Hereditary Chiefs and four Gitxsan bands with a population of over 6,000 Gitxsan people; the majority of whom are House members in the Gitxsan traditional system represented by Hereditary Chief, Spookw, in the court action.

The representatives do not support Enbridge Northern Gateway Pipeline agreement entered into by Elmer Derrick and state “Elmer Derrick and the Gitxsan Treaty Society/Gitxsan Economic Development Corp. does not speak for all Gitxsan. The Gitxsan people had no knowledge of the proposed Agreement nor were they consulted”. The Plaintiffs contend that the Gitxsan Treaty Society, or the Gitxsan Development Corporation, does not have the authority to enter into such Agreements without consulting or being authorized by the Gitxsan people.

Knowledge of the signed Agreement was only obtained through media, much like the Gitxsan Alternative Governance Model of May 2008, the subject matter of litigation in Spookw v. Gitxsan Treaty Society.

The representatives say that not only were the communities not consulted, but importantly, the Environmental Review Process is not yet complete with community hearings being scheduled for January 2012; therefore, a decision to support it is, at best, premature. Until the Environmental assessment is complete there is no basis for saying this project is safe to build.

The Representatives say the 7 Million dollars is a pittance in comparison to the potential environmental impacts which will be catastrophic. The GTS/GED is willing to jeopardize the sustenance of the First Nations people for a few million dollars is reprehensible and is not supported by the Gitxsan people.

Mr. Derrick espouses the importance of Gitxsan Law; however, breached such law by announcing and celebrating the Agreement on the day of the funeral of an elder matriarch and Hereditary Chief. This type of conduct brings shame and is disrespectful to the grieving family and the traditional system.

The representatives say that Mr. Derrick has embarrassed and shamed the Gitxsan people by undermining the 61 First Nations who are opposed to the project. The representatives say “We stand in solidarity to those opposing it.”

Related: Vancouver Sun :

Uproar in Gitxsan First Nation after support for Enbridge’s Northern Gateway pipeline announced