Prince George | Northwest Coast Energy News

New poll shows some people in Vancouver more in favour of Northern Gateway

A poll released this morning by Insights West, and already being heavily promoted by Enbridge Northern Gateway claims to show: “Opposition to the proposed Enbridge Northern Gateway Pipelines has subsided over the past 10 months in British Columbia, with the province’s residents now being staunchly divided on the project…”

It goes on to report:

In the online survey of a representative sample of British Columbians, support for the proposed Northern Gateway Pipelines stands at 42%, a seven-point increase since an Insights West poll conducted in February. Conversely, opposition to the project has dropped by 14 points, from 61% at the start of 2013 to 47% today.

It is important to note that the level of “strong opposition” to the project has fallen to 29% (down 9 points since February), while “strong support” increased to 16% (+5).

What the press release doesn’t tell you is that opposition to the Northern Gateway, according to the poll, is at 65 per cent in Northern British Columbia, with 50 per cent strongly opposed and 15 per cent somewhat opposed.

The Insight Poll assumes the findings of the online poll are within the usual margin of error

We have assumed that the same margins of error apply as if it were a true unweighted random probability sample with a margin of error of +/- 3.7 percentage points, nineteen times out of twenty.

The problem with the Insight West poll, like all other polls on the Northern Gateway, is that it is weighted toward the population heavy Lower Mainland. The tables released by Insight West show that the online poll had 504 respondents in Vancouver and 25 in Northern BC.

Northwest Coast Energy has spoken to pollsters both on the record and on background and it is clear that the polling entire province distorts the issue along the pipeline route.

The problems with these polls are two fold:

First is the standard polling definition of Northern British Columbia, which is based on Census data. “Northern BC” actually begins at Williams Lake, although most people believe Northern BC begins around Prince George.

Second the polls, due to small population and sample size, do not usually divide northwestern British Columbia, where the opposition is strongest to the Northern Gateway project, and northeastern British Columbia, where the energy industry is a major employer and support for the project is likely stronger.

The tables released by Insight West shows that poll surveyed just 25 people in “Northern British Columbia” but 504 in “Metro Vancouver.”

In a 2012 Ipsos Reid poll conducted on behalf of Enbridge, public affairs spokesperson Kyle Braid said their survey covered 168 people in “Northern British Columbia.” As Northwest Coast Energy News reported at the time:

Braid says the 168 people represents 17% of the sample. These interviews would have been weighted down to about 7% in the overall results to reflect the actual population of the North in BC. The margin of error in the North is about +/-7.6%, 19 times out of 20.

So with a total sample of 749 in the Insight West online poll and just 25 people in Northern BC surveyed, that means the Insight West poll survey of Northern BC covers just 3.3 per cent of the total sample. In contrast, 504 people in Vancouver were surveyed, accounting for 67.2 per cent of the sample.

The Insight West survey does acknowledge that:

British Columbians continue to be of two minds on the Northern Gateway,” continues Canseco. “There is a large proportion of the population that remains concerned with the possibility of oil spills and environmental problems, but the argument about economic benefits has gained traction over the past few months.

The actual tables show that of the 25 people surveyed in Northern BC, 50 per cent “strongly oppose,” (13 out of the 25 people surveyed) 15 per cent “somewhat oppose” Northern Gateway. Twelve per cent “somewhat support” the project, four per cent (one person) “strongly support” the project.

Those numbers, although small, are likely an accurate reflection of the sentiments in northern BC, although a breakdown between the western and eastern parts of Northern BC would have been helpful.

As for the residents of Vancouver, the poll shows that area is divided (as the Insight West news release says) with 22 per cent strongly supporting (119 people) and 27 per cent somewhat supporting the project and 19 per cent somewhat opposed and 27 per cent strongly opposed (123 people).

You can see the poll tables here.

The “growing support” for the pipeline project that Enbridge is promoting from the poll likely shows that their advertising campaign is having some impact on the Lower Mainland but is ineffective in the north.

It is possible to do more accurate polling on energy issues in Northern British Columbia. Earlier this year, a significant number of Kitimat residents reported that they had received calls from a polling company representing TransCanada which will be building the Coastal GasLink pipeline project for LNG Canada, a project where Shell will operate the terminal in Kitimat.

On Monday, when TransCanada officials appeared before District of Kitimat council, they did acknowledge that they have been polling people along the pipeline route so they can understand their concerns. So far, TransCanada has not released the results of that poll.

Gateway JRP denies request from Nathan Cullen to hold hearings in Kitimat

The Northern Gateway Joint Review Panel today denied a request from Skeena Bulkley Valley MP to reconsider its decision not to hold the questioning round of final hearings in Kitimat. The JRP is still reserving its decision on locations for final arguments.

The panel had previously decided to hold those hearings in Prince Rupert, Prince George and Edmonton.

In its ruling on Cullen’s request, the JRP said:

Your request for the Panel to reconsider its decision on the locations for the questioning phase of the final hearings did not contain any new information that was not considered by the Panel in its original determination. As such, your request is denied. The Panel further notes that no decision has been made with respect to the location for the final hearings for final argument. As indicated in Procedural Direction #8, these locations will be announced at a later date.

Cullen had also asked to be allowed to question government participants in the hearing. That request was also denied because filed the request after the deadline. Cullen also plans to question Northern Gateway witnesses and so the JRP reminded him that:

In accordance with the Panel’s letter of 25 July 2012, you are reminded that the names of the witnesses or witness panels you intend to question and an estimate of how much time you will need to question each party or witness panel is to be submitted by 3 August 2012.

JRP excludes Kitimat from questioning round, hearings in Prince Rupert, Prince George and Edmonton

The Northern Gateway Joint Review Panel will bypass Kitimat for the final questioning hearings on the controversial pipeline.

In a ruling issued late on July 4, 2012, the JRP said the questioning hearings will begin on September 4, 2012 in Edmonton followed by hearings in Prince George and Prince Rupert.

The JRP says a more detailed schedule will be issued closer to the start of the final hearings.

It adds, that details on the location for the final hearings for final argument will be announced at a later date.

In its ruling the JRP said:

As noted previously, these locations are centrally located, have adequate facilities and reasonable transportation access. The Panel is of the view that these locations are appropriate as they are relatively close to the proposed Project and are readily accessible by all parties who are actively participating in the Northern Gateway hearing process and their witnesses. Further, these locations will allow for appropriate hearing facilities that are safe, of an adequate size and can logistically and technologically accommodate a hearing with many participants.

The Joint Review panel acknowledged that some “witnesses would be financially and logistically
unable to attend three different hearing locations for questioning in Alberta and British
Columbia.”

The JRP says it will “to the best of its ability and to the extent reasonable, accommodate
interested parties’ participation at the final hearings through remote participation.
Standard procedures for the final hearings.”

(i) Parties and members of the public may listen to all of the final hearings live,
through the webcast (available from the Panel’s website).
(ii) Parties may register their appearance on the first day of the final hearings
remotely by telephone, or other technology to the extent feasible such as
videoconference or webex. Details regarding potential audio-visual options will
be provided in advance of the final hearings.
(iii)Parties may ask questions of other party’s witnesses by telephone, or other
technology such as vidoconference or webex to the extent possible. Parties will be
asked to confirm their method of participation, in advance of the final hearings for
questioning.
(iv) Parties’ witnesses may be presented for questioning by technology such as
videoconference or webex that is capable of capturing audio and visual images of
the witnesses simultaneously.

The JRP says its staff is working to address issues that may arise from remote questioning and video conferences.

Some key questions such as the effects of the pipeline and tanker traffic on marine mammals will be handled by “concurrent panels,” that is groups of expert witnesses sitting together. That is a standard National Energy Board procedure and was used during the NEB hearings on the Kitimat LNG project in June, 2011.

A separate ruling from the Joint Review Panel requires all parties to provide a list of witnesses for questioning hears on or before Friday, July 13, 2012.

This list must include all experts that have submitted reports on the party’s behalf, as well as those individuals that are able to answer questions on the specific evidence filed. Where relevant, it would be helpful if parties would organize their list of witnesses into “witness panels” by topic.

JR Procedural Direction 8 Final Hearings – Questioning (pdf)

JRP Procedural Matters Final Hearings Witness Panels (pdf)

Fishing report site calls on anglers to boycott towns, including Kitimat, that don’t stand against Enbridge

The Pacific Northwest Fishing Reports website is calling on anglers to boycott all communities, including Kitimat that haven’t taken an official stand opposing the Enbridge Northern Gateway pipeline.

The site run by someone called “Old Jake” covers DFO Region 6 and Region 7a “in an effort to give sport fishing enthusiasts more options when it comes to our wonderful sport.”

Its about page says:

What makes this website unique is that it is not run by professional fishing guides or anyone who profits directly from fishing, we are local sports fishing enthusiasts here simply because we love the sport. Why is this important to you? Because we don’t have to make a sale on our fishing reports.

The boycott notice was first posted by “Old Jake” on March 31, but only came to wider attention in the past weekend when the link was widely circulated among the angling and guiding community and by environmentalists on social media in northwest BC, some of it in reaction to the oil spill in Sundre, Alberta.

In the post, “Old Jake” says in the introduction:

[T]he deck is really stacked against our pristine lakes and rivers.

Support our boycott on all business in communities which are not willing to protect our environment in hopes of getting a financial handout from Enbridge. Let us send a clear message to communities who don’t respect our environment enough to protect it.

Please do not boycott small fishing businesses that reside outside of any community boundary, because they are as much a victim of those who support oil for greed.

The letter says, in part:

Greetings fellow sport fishing enthusiasts, I am writing this to all of you, all over the world because we desperately need your help on two major fronts, both could permanently extinguish fishing as we know it for our generation and that of our children’s and possibly much longer.

The first and foremost problem is the Enbridge Northern Gateway Project which the Prime Minister of Canada appears to be declaring a project that will go ahead regardless of the National Energy Board Hearings.

The second is Fish Farming, and its unregulated ability to hide scientific facts, its attacks on free speech and attempts to silence those who dare to speak out against them.

First Nations have done their part, they stood up and spoke, all against Enbridge and Alberta’s need to cash in on the horrific oil sands that are killing the Athabasca River, and sending this toxic mess into the Arctic Ocean….

Here is where we have a problem, the cities, towns and villages appear to want it both ways, they want your tourist dollar, and they also any dirty Oil Dollar they can get as well.

We need you; the people of the world to write to the majors of each community and ask them why tourists could come to a community that won’t protect its natural resources. Why should tourists come and spend their money if the leaders of these communities don’t take a stand in protecting our lakes and rivers from the worst threat ever in the history of British Columbia.

Ask these majors (sic probably means mayors) how many people will come to visit if we end up with a mess like they did on the Kalamazoo River.

Here is the list, where the author equates opposing Enbridge with supporting the environment

Prince Rupert – Supports our Environment (Visit this great community)
Terrace – Supports our Environment (Visit this great community)
Kitimat – Does not support our environment. (Boycott)
Kitwanga – Supports our Environment (Visit this great community)
Hazelton – Does not support our environment. (Boycott)
Kispiox – Supports our Environment (Visit this great community)
Moricetown – Supports our Environment (Visit this great community)
Smithers – Supports our Environment (Visit this great community)
Telkwa – Does not support our environment. (Boycott)
Houston – Does not support our environment. (Boycott)
Granisle – Does not support our environment. (Boycott)
Burns Lake – Does not support our environment. (Boycott)
Fraser Lake – Does not support our environment. (Boycott)
Vanderhoof – Does not support our environment. (Boycott)
Prince George – Does not support our environment. (Boycott)

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

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

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

In the letter to the intervenors, the JRP proposes:

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

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

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

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

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

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

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

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

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

The JRP letter to intervenors goes on to say

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

Prince Rupert

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

Prince George

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

Edmonton or Calgary

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

JRP Procedural Direction No 7 (pdf)

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

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