So far, since I returned to Kitimat, I have had few chances to “go down the Channel,” as the people of Kitimat say.
Of course, when I do go, I always have a camera with me, even in the roughest weather–and the Channel can be rough most of the year.
It is in these waters that the energy industry, both the Enbridge Northern Gateway and the Liquefied Natural Gas projects want to use supertankers to send their products to markets in Asia. Many of the photographers who come to Douglas Channel in high summer choose to capture the brilliant colours of ocean, forest and mountain, as I have on several assignments.
For this gallery, I have chosen to use black and white to show the stark beauty of the mountains, the often menacing seas and the clouds, ever changing, as the westerly winds from the Pacific drive those clouds against the mountains.
Images from this gallery are available for purchase for personal, editorial and commercial use on Photoshelter. Simply click on the image above.
The United States Department of Transportation Maritime Administration has issued a call for a study that is calling into question the future of double-hulled oil tankers.
Following the Exxon Valdez disaster, the passing of the Oil Pollution Act of 1990 (OPA 90) led to the requirement to replace single hull petroleum tankers with double hull tank vessels sailing in U.S. waters. This requirement was soon adopted by the International Maritime Organization (IMO) and became a worldwide regulation. This means that, today, tank vessels worldwide are carrying thousands of extra tons of steel in order to meet the double hull requirements.
Though these double hulls reduce the threat of oil pollution as a result of grounding, they significantly increase the amount of energy needed to propel a vessel and increase the amount of air pollution into the atmosphere. As a result, the maritime industry’s carbon footprint and criteria pollutant emissions are increased.
In addition to the need to burn more fuel, it is acknowledged that double hulls can cause several other problems which will be detailed in this study.
Here in Canada, Enbridge Northern Gateway and its supporters, in briefings on maritime and tanker safety on the west coast of British Columbia, have always said that the changes following the Exxon Valdez disaster in Prince William Sound and the subsequent US Oil Pollution Act as almost guaranteeing that such a disaster could not happen again.
Now it appears that some people in the U.S. Department of Transportation may be worried that increased use of double-hulled tankers will cost too much. There’s also the apparent question of balancing the carbon footprint of increased emissions from tankers with the danger from a hydrocarbon spill.
In July last year, the IMO adopted binding regulations to limit the expected gas emissions increase by reducing fuel consumption of ships by as much as 15 million tonnes in 2020, a 14 per cent reduction, and by 2050, by as much as 1,013 million tonnes. This will lead to savings in fuel costs for the shipping industry of up to US$200 billion a year, says the IMO.
Black says that the US agency seems “to suggest by abandoning the additional weight of double hulls the savings would increase and pollution be cut further, adding “On the other hand, since the introduction of double hulls, pollution from major oil spills has been reduced to practically zero.”
The National story says even the tanker industry itself is worried about the move, quoting the the international tanker owners’ organization.
“We have noted reports about Marad’s intended study on tanker double hulls but, except for what we gather from press articles, we have little knowledge on the reasoning behind this,” said Bill Box, Intertanko’s senior manager for external relations.
“From our members’ experience, double-hull designs have evolved into safe and reliable ships with an excellent safety and pollution prevention record. We might provide comments when such a study would be released by Marad.”
The requirements for the double-hull study, as posted by the US government are:
1. The Contractor shall conduct an assessment of the history in the evolvement of “The Double Hull Rules”.
2. The Contractor shall conduct the assessment of any rules that are being proposed in bodies such as the IMO, U.S. Congress and other such bodies’ worldwide as they relate to additional hulls for environmental reasons.
3. The Contractor shall assess all the relevant safety issues related to double hulls for each class of vessel. E.g. Double bottoms are difficult and expensive to maintain and can result in corrosion problems. Unchecked corrosion in older double hull vessels can lead to cargo leakage into a double bottom and the buildup of dangerous vapor which could cause an explosion under certain conditions. The Contractor will obtain data from appropriate organizations which details the issues in double bottoms on older vessels including cracking, leakage, and the potential for vapor buildup.
4. The contractor shall conduct a complete economic study of the consequences of Double Hulls. E.g. they significantly add to the construction cost of vessels. They result in the loss of cargo space which also adds to the carbon footprint since an additional vessel(s) is needed to carry the same cargo tonnage.
5. The contractor shall assess the complete consequences of the carbon footprint of designing, constructing, maintaining and operating vessels with double hulls. E.g. Apart from the extra propulsive forces and fuel needed, the carbon footprint of double hull maintenance is substantially increased.
6. The Contractor shall prepare a report on the results of the project. The report shall be grammatically correct and must be professionally written to a high level of competence in the English language. The report must clearly specify the safety, economic and environmental issues details above.
BC NDP leader Adrian Dix, right, speaks to Kitimat Councillor Rob Goffinet, left, after a breakfast meeting with District of Kitimat Council members on July 30, 2012. (Robin Rowland/Northwest Coast Energy News)
Dix made the remarks after a breakfast meeting with members of District of Kitimat Council prior to embarking on a three day trip down Douglas Channel and the Inside Passage to see the proposed tanker route for himself.
The second of the five conditions for the pipeline, set out last Monday by Premier Clark calls for:
World-leading marine oil spill response, prevention and recovery systems for B.C.’s coastline and ocean to manage and mitigate the risks and costs of heavy oil pipelines and shipments
“It is an overturning of what’s been a government of BC policy for a long time, which is for a moratorium for super tankers on this part of the coast. That’s not a condition, that’s an overturning,” Dix said in a brief scrum with reporters after the breakfast and before heading to Kitamaat Village to start his boat trip.
“The frustration is that our premier’s position is that we should sell our coast got for money. The premier has a report that says the projects bad for the province, it’s bad for the economy, it’s bad for the environment, that’s the concluson of her report and now she says ‘we’ll forget about that if you give us a few bucks.’
“I don’t think most people agree with that in British Columbia and so what we’ve tried to do is to take a more serious approach. In this case, the province gave up our jurisdiction. If people are concerned about spills and concerned about the environmental impact as the Liberal purport to be, they wouldn’t have handed over the right to decide on environmental assessment fully to the federal government, which, by the way supports, the project.”
The Clark had government had declined to take part in the Northern Gateway Joint Review process and so did not produce any evidence for the panel prior to the filing deadline.
Dix said the Liberal policy on the JRP was, “Like a student who misses a deadline for a term paper, they missed the deadline to produce evidence in the process and now after the debate has gone on, the Premier wants to get into the debate.”
He concluded by saying, “This isn’t about her, it isn’t about me, it’s about the economy and the environment of this province for decades to come. And that’s the approach we’ve [the NDP Opposition] taken.”
The “informal” tanker “moratorium” has been in effect since 1972 and requires oil tankers transiting the west coast to remain fire out to sea and away from Dixon Entrance, Hecate Strait, and the Queen Charlotte Sound.
In 2009, Stephen Harper’s Conservative government said there was no moratorium on tanker traffic on the coast of British Columbia and have maintained that position ever since.
In December 2010, the House of Commons passed a non-binding motion to ban bulk oil tanker traffic in the Dixon Entrance, Hecate Strait and Queen Charlotte Sound.
Dix said he was, “In Kitimat to meet with the community and of course in Kitimat village with the Haisla. Later today he will go “for a trip down where the tankers will go if the Enbridge project succeeds, go down the Channel to Hartley Bay and then over the next couple of days to Bella Bella. Dix said hew as in the northwest to “take note of that in person. I always like to see things for myself, meet with people and hear what they have to say.”
Enbridge Northern Gateway has filed thousands of pages of “reply evidence” to the Northern Gateway Joint Review panel, responding to questions from the panel, from government participants like DFO, and intervenors.
In the introduction to the summary of the evidence the JRP asks
Should the fact that Northern Gateway does not respond to all points in a particular intervenor’s evidence or to all intervenor evidence be taken as acceptance by
Northern Gateway of any of the positions of intervenors?
To which Enbridge replies:
No. Northern Gateway does not accept any of the intervenor positions that are contrary tothe Application or additional material filed by Northern Gateway. Some of those positions will be dealt with by Northern Gateway in cross examination and argument rather than reply evidence, and others will simply be left to the JRP to determine on the basis of the filed evidence alone.
Recovery of Biophysical and Human Environment from Oil Spills
Corrosion, Inspection and Maintenance of Oil Tankers
Design and Construction of Oil Tankers
Pilotage
In response to numerous questions about the Marshall, Michigan, oil spill, Enbridge repeats what it said in an e-mail to “community leaders” earlier this week and in this morning’s news release, saying: “Enbridge has made a number of improvements since the Marshall incident.”
As part of the filing Enbridge has also filed an update on its aboriginal engagement program.
There are also detailed and updated reports on the company’s plans for the Kitimat valley region.
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.
Fog and low clouds shroud Kitimat harbour on the morning of June 27, 2012. (Robin Rowland/Northwest Coast Energy News)
If there is a major disconnect between the people who live in the Kitimat region and the rest of Canada, it is the question of vessel traffic on the Douglas Channel, with Enbridge spinning that there is already major tanker traffic on the Channel.
This section from the Northern Gateway website, is often quoted by Enbridge supporters, the vast majority of whom live in Alberta, thousands of kilometres away, have never been to Kitimat, but, somehow from Calgary or Fort McMurray, claim to know more about the Douglas Channel than people who live in Kitimat, including those who have sailed Douglas Channel for decades.
According to numbers from the Port of Kitimat, not only have vessels carrying industrial products been travelling the channels safely for some 35 years, but so too have ships carrying petroleum products—like the one featured arriving in the Port of Kitimat through the Douglas Channel in the picture above.
In fact, some 1,560 vessels carrying methanol and condensate called on Kitimat port from 1982 to 2009 – that’s over 3,100 transits of vessels dedicated to the transport of petroleum products.
When you add vessel traffic of all industrial activity into Kitimat port, the number jumps to 6,112.
To be clear…the number of ships servicing industry arriving at Kitimat port between 1978 and 2009 is 6,112. That’s 12,224 transits!
So in its questions to the Haisla, Enbridge asked:
c) Please confirm that the Haisla Nation is aware of existing and proposed
marine vessel activity within its Traditional Territory, including:
(i) fuel barges
(ii) cargo/container ships
(iii) commercial fishing vessels
(iv) condensate tankers
(v) liquefied natural gas tankers
Enbridge’s question was an obvious attempt to enhance their spin on vessel traffic on the Douglas Channel, by fishing for an admission that large vessels already ply the Channel, something the residents of the Kitimat, both First Nations and non-aboriginal already know well.
In its response, the Haisla Nation replies:
The Haisla Nation is aware of the existing and proposed marine vessel activity within its Territory, including fuel barges, cargo/container ships, commercial fishing vessels, condensate tankers, and liquefied natural gas tankers.
The Haisla Nation is also aware of the increased cumulative effect of additional marine vessel activity as projects are approved. The presence of this shipping increases the significance of the potential impacts of the project on Haisla Nation aboriginal title and rights, through cumulative impacts.
The Haisla Nation is responsible for some of the vessel traffic within its Territory, with modern forms of transportation having replaced canoes. Until legal developments in the early 2000s which have defined the content of the honour of the Crown with respect resource decisions and potential impacts on First Nations, the Haisla Nation had little say about the projects with associated vessel traffic in its Territory.
While standard petroleum product tankers, many carrying condensate, a natural gas product, have been visiting Kitimat for years, there have. so far, been no supertankers, much less Very Large Crude Carriers. No bitumen carrying tankers have visited Kitimat, a fact always ignored by the region’s critics in Alberta and by Enbridge on its website.
Not only the filing by the Haisla Nation but most of the testimony at the recent public comment hearings in at Kitamaat Village, were about the fear of the growing cumulative effect of greatly increased tanker traffic on the Channel.
The Haisla Nation, in its response to a series of questions about funding posed by Enbridge through the Joint Review process, has replied that it “ takes offence at the implication that its participation in the Joint Review Panel process is strictly to oppose the Northern Gateway Project.”
In its response to Enbridge, the Haisla Nation says it has received no funding from Tides Canada.
The Haisla Nation, however, does detail what funding it has received, including some from Enbridge, and then counters that with details of just how expensive it is to participate in the Joint Review Process.
The Haisla say that in December, 2009, the First Nation asked the Canadian Environmental Assessment Agency for $1,593,900 for participating in the Joint Review Panel process over the next two years.
According to the document filed with the JRP, the Haisla Nation says the Canadian Environmental Assessment Agency offered $371,500, leaving a shortfall of $1,222,400.
The Haisla say that they have now reviewed that original application and the First Nation “notes that even the $1,593,900 sought in the original application for participant funding would not be enough to cover these costs.”
The Haisla acknowledge that they did receive funding from Enbridge Northern Gateway The Haisla Nation has received funding from the Northern Gateway “to prepare and provide a traditional use study in relation to the proposed project,” without stating the actual amount, adding that participating in the JRP has created a deficit “costing the Haisla Nation funds that will need to be diverted from other pressing projects and issues.”
Enbridge’s next question asked if the Haisla Nation was a member of the Turning Point/Great Bear Initiative and therefore had received funding for “opposing the Northern Gateway Project?”
The Haisla reply that:
The Haisla Nation takes offence at the implication that its participation in the Joint Review Panel process is strictly to oppose the Northern Gateway Project. As set out above, the Haisla Nation is participating in the Joint Review Panel process as it is currently the only process for assessing the proposed project. This process has been imposed without meaningful consideration of Haisla Nation concerns, and the Haisla Nation is participating despite an unlevel playing field.
The Haisla Nation has not received funding from the Turning Point/Great Bear Initiative to participate in the Joint Review Panel proceedings, to oppose the Northern Gateway Project, or for any other purpose regarding the Northern Gateway Project.
The Haisla then emphasize:
The Haisla Nation has not received funding from Tides Canada or similar organizations, either directly or indirectly, to participate in the Joint Review Panel proceedings, to oppose the Northern Gateway Project, or for any other purpose regarding the Northern Gateway Project.
The next question from Enbridge not only asked about the personal finances of members of the Haisla Nation council, but also showed that even after years of involvement with First Nations, Enbridge still hasn’t done its homework and can’t even spell “Kitamaat.”
Enbridge asked:
Have any members of the Kitimaat Village Council received funding from Tides Canada or similar organizations to participate in this proceeding or to otherwise oppose the Northern Gateway Project, either directly or indirectly? If so, how much funding was received and by whom?
The Haisla reply by saying
This question is beyond the scope of matters currently before the Joint Review
Panel. Nevertheless, the Haisla Nation offers the following information:
“Kitimaat Village Council” is a misspelling of the former name of the Haisla
Nation Council. The Haisla Nation Council is the elected government of the
Haisla Nation.
The Haisla Nation Council is governed by rules and a code of ethics that require disclosure of any potential conflicts of interest. If any member of Haisla Nation Council had received funding from Tides Canada or similar organizations in their personal capacity, they would have had to disclose this to Council.
None of these members have received funding from Tides Canada or similar organizations, either directly or indirectly, to participate in the Joint Review Panel proceedings, to oppose the Northern Gateway Project, or for any other purpose regarding the Northern Gateway Project.
The final question from Enbridge asked the Haisla, in the financial disclosure to
“include funding received by the Headwaters Initiative.”
The Haisla reply:
Headwaters Initiative has no affiliation with the Haisla Nation Council. The Haisla Nation Council has no information about funding received by Headwaters Initiative.
That question again shows again that despite years of involvement in northwestern British Columbia, Enbridge hasn’t done its homework, since the Headwaters Initiative is an environmental organization with members from not only the Haisla Nation but also non-aboriginal residents of both Kitimat and Terrace.
It appears that Enbridge was asking those questions as part of a preparation for a “follow the money” spin campaign building on the work of blogger Vivian Krause and her right-wing supporters in the business media. If so, so far, it hasn’t worked out very well for Enbridge. Haisla Nation Response to NGP Information Request (pdf)
The Haisla Nation has confirmed in a filing with the Northern Gateway Joint Review Panel that it opposes the Enbridge Northern Gateway project.
The document, filed June 29, 2012, is one of the most significant filed with the JRP during all the years of the debate over the controversial Northern Gateway, setting out a three stage process that will govern, whether Enbridge or the federal government like it or not, the future of the Northern Gateway pipeline project.
First, the Haisla Nation affirms that it opposes the Northern Gateway project
Second, the Haisla Nation is demanding that the federal government, in recognition of aboriginal rights and title, reject the Northern Gateway project on Haisla traditional territory.
Third, probably anticipating that Stephen Harper and his government will attempt to force the Northern Gateway on British Columbia, the Haisla are demanding meaningful consultation and set out a stringent set of minimum conditions for the project on Haisla traditional territory.
The Haisla also say that there already projects that are better suited to their traditional territory, the liquified natural gas projects.
The Haisla position that Ottawa must reject the pipeline if First Nations oppose it is the opening round in the constitutional battle over not just the pipeline, but entire question of aboriginal rights and title. So far the government of Stephen Harper has said that First Nations do not have a “veto” on the pipeline and terminal project.
In the filing with the Joint Review panel, the Haisla outline nine reasons for opposition to the Northern Gateway project:
1. Northern Gateway is proposing to site its project in a location that places at risk the ecological integrity of a large portion and significant aspects of Haisla Nation Territory and resources.
2. All three aspects of the proposed project – the pipelines, the marine terminal and tankers – have the potential to impact Haisla Nation lands, waters and resources.
3. Northern Gateway has neither conducted sufficient due diligence nor provided sufficient information with respect to the assessment of a number of critical aspects of the proposed project, including but not limited to project design, impacts, risks, accidents and malfunctions, spill response, potential spill consequences and the extent, degree and duration of any significant adverse environmental effects.
4. There are significant risks of spills of diluted bitumen, synthetic crude, and condensate from corrosion, landslide hazards, seismic events along the pipeline route and at the terminal site; as well asloss of cargo or service fuels from tanker accidents, with no realistic plan provided for spill containment, cleanup, habitat restoration or regeneration of species dependent on the affected habitat.
5. Diluted bitumen, synthetic crude and condensate are all highly toxic to the environment and living systems and the consequences and effects of a spill could be devastating on the resources that support the Haisla Nation way of life, and would therefore have significant adverse effects on Haisla Nation culture and cultural heritage and aboriginal rights.
6. Risk assessments and technology have not overcome the potential for human error, wherein it is well established that 80% of oil tanker accidents that cause oil spills at sea are a result of human errors: badly handled manoeuvres, neglected maintenance, insufficient checking of systems, lack of communication between crew members, fatigue, or an inadequate response to a minor incident
causing it to escalate into a major accident often resulting in groundings and collisions (http://www.black-tides.com/uk/source/oil-tanker-accidents/causes-accidents.php). It has also become increasingly obvious that maintenance of pipeline integrity and the remote detection of pipeline ruptures is inadequate as exemplified by major environmental damage from recent pipeline ruptures in Michigan and Alberta.
7. The proposed project requires the alienation of Haisla Nation aboriginal title land, and the federal government has refused to engage in consultation with the Haisla Nation about the potential impacts of the proposed project on Haisla Nation aboriginal rights, including aboriginal title.
8. The proposed project would require the use of Haisla Nation aboriginal title land for a purpose that is inconsistent with Haisla Nation stewardship principles and with the Haisla Nation’s own aspirations for this land.
9. For the reasons set out above, the proposed project would constitute an unjustified infringement of Haisla Nation aboriginal title and rights. It would therefore be illegal for the Crown to authorize the project.
Canada is obliged to decline approval of the project
Up until now, the federal government has refused to engage First Nations in the northwestern region over the issue of the Northern Gateway pipeline and terminal, saying that the constitutionally mandated consultation will take place after the Joint Review Panel has released its report. However, the government’s Bill C-38, which gives the federal cabinet (actually the prime minister) the power to decide the pipeline means that the JRP report will be less significant than it would have been before the Conservatives gained a majority government in May, 2010.
The Haisla say the nation has “repeatedly requested early engagement by federal government decision-makers to develop, together with the Haisla Nation, a meaningful process for consultation and accommodation in relation to the proposed project.”
The filing says JRP and “the federal government’s ‘Aboriginal Consultation Framework’ have been imposed on the Haisla Nation and other First Nations, with significant aspects of the concerns expressed by the Haisla Nation about this approach being ignored.”
The Haisla says it “continues to seek a commitment from the federal government to the joint development of a meaningful process to assess the proposed project and its potential impacts on Haisla Nation aboriginal rights, including aboriginal title.”
Later in the filing the Haisla say:
The Haisla Nation has… repeatedly asked federal decision-makers to commit to the joint development of a meaningful consultation process with the Haisla Nation. The federal Crown decision-makers have made it very clear that they have no intention of meeting with the Haisla Nation until the Joint Review Panel’s review of the proposed project is complete…
The federal Crown has failed to provide any clarity, however, about what procedural aspects of consultation it has delegated to Northern Gateway. Northern Gateway has not consulted with the Haisla Nation and has not advised the Haisla Nation that Canada has delegated any aspects of the consultation process.
The Haisla then go on to say:
Canada is legally required to work with the Haisla Nation to develop and follow such a process. If the process establishes that the approval of the proposed project would constitute an unjustified infringement of Haisla Nation aboriginal rights or aboriginal title, then Canada would be legally obliged to decline approval.
Deficiencies and Conditions
Enbridge asked the Haisla that if there are conditions of approval that would nonetheless
address, in whole or in part, the Nation’s concerns; and then asked for details “on the nature of any conditions that the Haisla Nation would suggest be imposed on the Project, should it be approved.”
The Haisla reply that because there are “significant deficiencies in the evidence provided by Northern Gateway to date.” The nation goes on to say that “the acknowledged risks that have not been adequately addressed in the proposed project.” The Haisla Nation then says it “does not foresee any conditions that could be attached to the project as currently conceived and presented that would eliminate the Haisla Nation’s concerns.”
The Haisla then repeat that Enbridge has not provided sufficient information so that
it is difficult for the Haisla Nation to identify conditions to attach to the proposed project as it is still trying to fully understand the potential impacts of the project and the proposed mitigation. This is primarily because there is insufficient information provided by Northern Gateway in its application material.
Although we have attempted to elicit additional information through the JRP’s information request process, Northern Gateway has not provide adequate and complete answers to the questions posed.
The Haisla then anticipate that Stephen Harper will force the pipeline and terminal on British Columbia and say:
Nevertheless, if the project were to be approved AFTER the Crown meaningfully
consulted and accommodated the Haisla Nation with respect to the impacts of
the proposed project on its aboriginal title and rights, and if that consultation were
meaningful yet did not result in changes to the proposed project, the following
conditions would, at a minimum, have to be attached to the project.
The emphasis of the word “after” is in the original document.
The document that then goes on to present an extensive list of list of conditions the Haisla believe should be imposed on the Enbridge Northern Gateway if the project goes ahead.
The conditions include comprehensive monitoring of water quality, fisheries, wildlife and birds, vegetation throughout the Kitimat River watershed, Kitimat Arm and Douglas Channel; development of comprehensive spill response capability throughout the Kitimat River Valley, Kitmat Arm and Douglas Channel.
The Haisla also want soil and erosion control plans; water management plans; control and storage plans for fuels, lubricants and other potential contaminants; detailed plans for equipment deployment and habitat reclamation of disturbed or cleared areas.
The Haisla also want much more detailed studies before any construction, including analysis of terrain stability and slide potential throughout the pipeline corridor and at the storage tank and terminal site; engineering designs to mitigate seismic risk and local weather extremes; development of pipeline integrity specifications and procedures including best practices for leak detection; storage tank integrity specifications, maintenance and monitoring; assessment of spill containment, spill response and spill capacity requirements throughout the Kitimat River watershed, Kitimat Arm and Douglas Channel.
On tankers the Haisla want more details beyond the plans already filed by Enbridge including
detailed tanker specifications, detailed tanker and tug traffic management procedures; detailed port management specifications and procedures including operating limits for tanker operation, movement and docking.
The Haisla are also demanding “on going consultation” on all issues involved by the National Energy Board prior to any decision on any changes to or sign off on conditions and commitments to any certificate that is issued.
The Haisla want an independent third party be part of a committee to oversee the construction proecess to monitor certificate compliance during construction of the marine terminal and the pipeline.
Once the pipeline and terminal operational, the Haisla want conditions imposed on the project that include ongoing monitoring of the terrain along the pipeline, a system that would automatically shut down the pipeline shutdown whenever a leak detection alarm occurs.
The Hasila want conditions “on the disposal of any contamination that must be removed as
a result of an accident or malfunction resulting in a spill that will minimize additional habitat destruction and maximize the potential for regeneration of habitat and resources damaged by the spill.”
As well as more detailed parameters for the tankers, tugs, and pilotage procedures, the Haisla want approval of any future changes in those procedures.
The Haisla are also concerned about the “alienation” of a large area of their traditional territory by the construction of the Northern Gateway project as well as the “additional infrastructure” required by adequate spill response capability and spill response equipment cache sites.
The Haisla say “all of the land alienations required for the proposed project would profoundly
infringe Haisla Nation aboriginal title which is, in effect, a constitutionally protected ownership right” and goes on to say “proposed project would use Haisla Nation aboriginal title land in a way that is inconsistent with Haisla Nation stewardship of its lands, waters and resources and with the Haisla Nation’s own aspirations for the use of this land.”
The Haisla filing then goes on to say:
Since aboriginal title is a constitutionally protected right to use the aboriginal title land for the purposes the Haisla Nation sees fit, this adverse use would fundamentally infringe the aboriginal title of the Haisla Nation.
The report also expresses concerns about the ongoing socio-economic affects of such a large project.
It concludes by saying:
These issues are important. They go to the very heart of Haisla Nation culture.
They go to the Haisla Nation relationship with the lands, waters, and resources of
its Territory. A major spill from the pipeline at the marine terminal or from a
tanker threatens to sever us from or damage our lifestyle built on harvesting and
gathering seafood and resources throughout our Territory.
Northern Gateway proposes a pipeline across numerous tributaries to the Kitimat
River. A spill into these watercourses is likely to eventually occur. The evidence
before the Panel shows that pipeline leaks or spills occur with depressing
regularity.
One of Enbridge’s own experiences, when it dumped 3,785,400 liters of diluted
bitumen into the Kalamazoo River, shows that the concern of a spill is real and
not hypothetical. A thorough understanding of this incident is critical to the
current environmental assessment since diluted bitumen is what Northern
Gateway proposes to transport. However, nothing was provided in the application
materials to address the scope of impact, the level of effort required for cleanup
and the prolonged effort required to restore the river. An analysis of this incident
would provide a basis for determining what should be in place to maintain
pipeline integrity as well as what should be in place locally to respond to any spill.
The Kalamazoo spill was aggravated by an inability to detect the spill, by an
inability to respond quickly and effectively, and by an inability to predict the fate
of the diluted bitumen in the environment. As a result, the Kalamazoo River has
suffered significant environmental damage. The long-term cumulative
environmental damage from this spill is yet to be determined.
Looking to the future, the Haisla are also asking for a plan for the eventual decommissioning of the project, pointing out that “ Northern Gateway has not provided information on decommissioning that is
detailed enough to allow the Haisla Nation to set out all its concerns about the
potential impacts from decommissioning at this point in time.”
Haisla leaders have already expressed concern about the legacy of the Eurocan paper plant. Now it tells Enbridge
This is not good enough. The Haisla Nation needs to know how Northern Gateway proposes to undertake decommissioning, what the impacts will be, and that there will be financial security in place to ensure this is done properly.
Asserts aboriginal title
The section of the report concludes by saying:
The Haisla Nation asserts aboriginal title to its Territory. Since the essence of
aboriginal title is the right of the aboriginal title holder to use land according to its
own discretion, Haisla Nation aboriginal title entails a constitutionally protected
ability of the Haisla Nation to make decisions concerning land and resource use
within Haisla Nation Territory. Any government decision concerning lands,
waters, and resource use within Haisla Nation Territory that conflicts with a
Haisla lands, waters or resources use decision is only valid to the extent that the
government can justify this infringement of Haisla Nation aboriginal title.
The Supreme Court of Canada has established that infringements of aboriginal
title can only be justified if there has been, in the case of relatively minor
infringements, consultation with the First Nation. Most infringements will require
something much deeper than consultation if the infringement is to be justified.
The Supreme Court has noted that in certain circumstances the consent of the
aboriginal nation may be required. Further, compensation will ordinarily be
required if an infringement of aboriginal title is to be justified [Delgamuukw].
The Haisla then go on to say that the preferred use of the land in question is for the liquified natural gas projects:
The Haisla Nation has a chosen use for the proposed terminal site. This land
was selected in the Haisla Nation’s treaty land offer submitted to British Columbia
and Canada in 2005, as part of the BC Treaty Negotiation process, as lands
earmarked for Haisla Nation economic development.
The Haisla Nation has had discussions with the provincial Crown seeking to
acquire these lands for economic development purposes for a liquefied natural
gas project. The Haisla Nation has had discussions with potential partners about
locating a liquefied natural gas facility on the site that Northern Gateway
proposes to acquire for the marine terminal. The Haisla Nation sees these lands
as appropriate for a liquefied natural gas project as such a project is not nearly
as detrimental to the environment as a diluted bitumen export project.
Northwest Coast Energy News is attempting to contact Enbridge Northern Gateway for comment on the Haisla filing. Response may be delayed by the Canada Day holiday.
Douglas Channel at the site of the proposed Enbridge marine terminal, June 27, 2012. (Robin Rowland/Northwest Coast Energy News)
Enbridge is striking back against the First Nations and intervenors who oppose the Northern Gateway pipeline and marine terminal projects by filing questions that those groups must answer as part of the Joint Review Process.
On May 11, 2012, Enbridge filed questions with 24 organizations, and from the questions, it appears that Enbridge isn’t just building a strictly legal case in their favour but are preparing to try and discredit opponents.
Enbridge’s questions are part of the legal process. For months, First Nations and intervenors have been filing a whole series of questions asking for clarification of items in the Enbridge’s filings on the project with Joint Review Process and Enbridge has the legal right to ask the First Nations and intervenors to clarify their positions.
However, the difference is that Enbridge is a giant corporation which can afford to spend millions of dollars on both the approval process as well as the current nationwide advertising process, while some of the intervenors are made up of volunteers or retirees working on their own time. Sources among the intervenors have been saying for months that they believe that Enbridge is following a perceived policy of working to wear down the opponents so much they burn out and drop out of the process.
A large proportion of the questions Enbridge is demanding that First Nations and intervenors answer are overtly political, rather than technical responses to their filings.
In an apparent escalation of its campaign against its opponents, Enbridge is using the Joint Review process to ask intervenors about funding, naming such hot button organizations such as Tides Canada, which is under attack by the Harper government. Enbridge is also questioning the “academic credentials” of numerous intervenors and commenters, even though the Joint Review Panel has spent most of the past seven months asking people to comment based on “local knowledge,” leaving the technical questions to the documents filed with the JRP
Some key questions directed at both the Haisla and Wet’suwet’en First Nations seem to indicate that Enbridge is preparing to build both a legal and probably a public relations case questioning the general, but not unanimous support for liquified natural gas projects in northwestern BC, by saying “Why not Northern Gateway,” as seen in this question to the Haisla Nation.
Please advise as to whether similar measures would be requested by the Haisla First Nation to deal with construction-related impacts of the Northern Gateway Project.
Black Swan
A series of questions to the coalition known as the Coastal First Nations questions the often heard assertion that an oil spill on the BC coast is “inevitable,” and Enbridge appears to be prepared to argue that spills are not inevitable. Enbridge asks Coastal First Nations about a study that compared the bitumen that could be shipped along the coast with the proposed LNG projects.
Please provide all environmental and risk assessment studies, including studies of “Black Swan” events, conducted by the Coastal First Nations or any of its members in respect of the LNG projects referred to.
Enbridge is referring to Nassim Nicholas Taleb’s now widely known “theory of high-impact, hard-to-predict, and rare events that are beyond the realm of normal expectations in history, science, finance and technology.”
It is Black Swan events that most of the people of the northwest coast fear when it comes to all the major energy projects, but if as Taleb says they are hard-to-predict and rare, how can the studies Enbridge is requesting actually predict those disasters?
Enbridge’s questions to the Haisla Nation runs for 28 pages and many of those questions are political, not technical, including asking for details of the Haisla support for the various Kitimat liquified natural gas projects and who may be funding the Haisla participation in the Joint Review Process. Many technical questions around the questions of “acceptable risk” and it appears, despite the fact Enbridge officials have listened to the Haisla official presentation at Kitamaat Village last January and the speeches of Haisla members this week at the pubic comment hearings, that Enbridge is preparing to use a paper-based or Alberta-based concept of acceptable risk as opposed to listening to the First Nation that will be most directly affected by any disaster in the Kitimat harbour or estuary.
A series of questions seems to negate Enbridge’s claim that it has the support of many First Nations along the pipeline route because Enbridge is asking for details of agreements that First Nations have reached with the Pacific Trails Pipeline. Enbridge has consistently refused to release a list of the First Nations it claims has agreements with the company, but in the questions filed with the JRP, Enbridge is asking for details of agreements First Nations in northern BC have reached with the Pacific Trails Pipeline.
Funding demands
For example, while Enbridge is refusing to name all the backers of the pipeline for reasons of corporate confidentiality, the company is asking who may be funding the Wet’suwet’en First Nation in its appearances before the Joint Review Panel, including the US-based foundations named by right-wing blogger Vivian Krause, (note Krause recently declared victory and suspended her blog) right-wing columnists and the Harper cabinet:
Please confirm that the Office of the Wet’suwet’en has received participant funding from the Canadian Environmental Assessment Agency to participate in the Joint Review Panel (“JRP”) proceeding.
Please advise as to the amount of participant funding received to date from the Canadian Environmental Assessment Agency.
Please advise whether or not the Office of the Wet’suwet’en has received funding within the
last 5 years from Tides Canada, the Gordon and Betty Moore Foundation, the William and Flora Hewlett Foundation, or any other similar foundations, to oppose the Northern Gateway Project or to oppose oil sands projects in general.
If so, please provide the amount of funding received from each foundation.
In the case of the Raincoast Conservation Foundation, Enbridge is asking for details, including a membership list.
Please provide a description of the Raincoast Conservation Foundation.
Does the Raincoast Conservation Foundation prepare Annual Reports? If so, please provide the most recently published Annual report available.
If the Raincoast Conservation Foundation is a collection of like-minded individuals, please list its members.
Did the Raincoast Conservation Foundation apply for and receive participant funding in this proceeding? If so, how much was received?
While many of Enbridge’s question to the RainCoast Foundation are technical, the company which is currently conducting a multi-million dollar public relations campaign in favour of the pipeline, asks:
Please confirm that the “What’s at Stake? study” was prepared for use as a public relations tool, to advocate against approval of the Northern Gateway.
Enbridge also appears to be gearing up for personal attacks on two of the most vocal members of Kitimat’s Douglas Channel Watch, Murray Minchin and Cheryl Brown, who have been appearing regularly before District of Kitimat council to oppose the Northern Gateway pipeline.
Murray Minchin of Douglas Channel Watch addresses protesters at Kitimat City Centre Mall, Sunday, June 24, 2012, He talked about how he has learned as he goes along in examining Enbridge documents (Robin Rowland/Northwest Coast Energy News)
Credentials
On Murray Minchin, Enbridge asks:
Written Evidence Regarding Proposed Liquid Petroleum Pipelines from the proposed Nimbus Mountain West Portal to the Kitimat River Estuary submitted by Murray Minchin of Douglas Channel Watch…. Supplemental Written Evidence Photographic Evidence Regarding Proposed Liquid Petroleum Pipelines from Nimbus Mountain to the Kitimat River Estuary submitted by Murray Minchin of Douglas Channel Watch….
Mr. Minchin provides extensive opinion relative to geotechnical and other technical matters. Request: Please provide Mr. Minchin’s curriculum vitae which includes his education, training and employment history, to demonstrate his qualifications to provide geotechnical and other technical opinions that appear….
Minchin is one of Enbridge’s strongest opponents in Kitimat and in his various appearances (the latest at the anti-Enbridge demonstration in Kitimat on Sunday, June 24, 2012, Minchin has told the audiences that he is self-taught and has spent much of his spare time over the past few years studying the documents Enbridge has filed with the JRP.
As for Cheryl Brown, a vocal critic of the Enbridge Community Advisory Board process, Enbridge has filed a long series of questions about her involvement with the CAB, including asking how many meetings she has attended (see document below)
Two of Enbridge’s questions about Brown stand out
Has Ms. Brown offered a suggestion for a speaker that would have provided a differing viewpoint from those of Northern Gateway?
Many people in Kitimat, not just the outspoken members of Douglas Channel Watch, say they do not trust the Community Advisory Board process. When the CAB held a meeting recently to discuss marine safety, a meeting that was heavily advertised in Kitimat Terrace area, the CAB facilitators ( from a Vancouver -based company) attempted to bar the media, including this reporter, from this “public” meeting, until apparently overruled by Enbridge’s own pubic relations staff. On the other hand, everytime Douglas Channel Watch has appeared before the District of Kitimat Council to request a public forum on Gateway issues, DCW has always insisted that Enbridge be invited to any forum, along with DCW and independent third parties.
Ms. Brown states that Enbridge has not addressed the hard questions. Please confirm that Northern Gateway responded to questions put forth by the Douglas Channel Watch in Letters to the Editor in both the Kitimat Northern Sentinel and Terrace Standard in August of 2009.
Here Enbridge appears to be basing its case on one letter to the editor that appeared in local papers three years ago. During the public comment hearings that the JRP held at Kitamaat Village earlier this week, numerous people testified time and time again that Enbridge was failing to answer major questions about the pipeline and terminal, by saying that those questions would be answered later, once the project is approved.
Bird watching
In one series of questions, Enbridge is demanding a professional level database from the Kitimat Valley Naturalists, the local birdwatching group. Quoting a submission by the naturalists group, Enbridge asks
Paragraph 2.2, indicates that the Kitimat Valley Naturalists has birding records for the estuary for over 40 years and that Kitimat Valley Naturalists visits the estuary at least 100 times per year.
Paragraph 2.3 indicates the Kitimat Valley Naturalists have local expertise in birds of the Kitimat River estuary as well as other plants and animals that utilize those habitats.
Request: To contribute to baseline information for the Kitimat River estuary and facilitate a detailed and comprehensive environmental monitoring strategy, please provide the long term database of marine birds in and adjacent to the Kitimat River estuary, with a focus on data collected by the Kitimat Valley Naturalists in recent years, and where possible, the methodology or survey design, dates, weather and assumptions for the data collection.
Today the Kitimat Valley Naturalists, three local retirees, Walter Thorne, Dennis Horwood and April Macleod filed this response with the JRP:
Northern Gateway has specifically requested the long-term database of birds occurring over many years within the Kitimat River Estuary. The data we have collected includes monthly British Columbia Coastal Water Survey (BC CWS) and yearly Christmas Bird Counts (CBC). The data from
these bird counts are available on the web or in print form.
For access to BC CWS enter http://www.bsc-eoc.org
For access to CBC data, enter http://birds.audubon.org
Historical results for CBC counts have also been published by the journal American Birds. The earliest CBC count for Kitimat was 1974.
In regard to the long-term database, we have significant numbers of records for the foreshore of the Kitimat River Estuary. The number increases when the larger estuary perimeter is considered. These cover a 40-year period with the majority in the last 20 years. We would be willing to provide this information in a meaningful format.
The Kitimat Valley Naturalists, however, lack the expertise or financial ability to convert the data into a format that would address Northern Gateway’s interest in methodology, survey design, dates, weather, and assumptions for data collection.
Alternatively, we do have access to a consulting firm, which is willing to analyze our data and convert it to a useable and practical design. We assume, since this is a considerable undertaking in both time and cost, that Northern Gateway would be willing to cover the associated fees.
We look forward to hearing back from Northern Gateway and pursuing this with a budget proposal.
Northwest Coast Energy News consulted data management experts who estimated that complying with the Enbridge request would likely cost between $100,000 and $150,000.
First Nations
Some Wet’suwet’en houses have opposed the Pacific Trails Pipeline, and while negotiations with Apache Corporation are continuing, Enbridge is asking the First Nation for details of what is happening with that pipeline.
Is it the position of the Office of the Wet’suwet’en that each First Nation whose traditional territory is traversed by the proposed pipeline has a veto on whether it is approved or refused?
Please confirm that the Office of the Wet’suwet’en opposed approval of the Pacific Trails Pipeline (also known as the Kitimat Summit Lake Looping Project).
Does the Office of the Wet’suwet’en continue to oppose construction of the Pacific Trails Pipeline?
Have the First Nations who are proposing to participate as equity owners in the Pacific Trails Pipeline Project advised the Office of the Wet’suwet’en that they accept that the Office of the Wet’suwet’en has a right to veto approval and construction of that Project?
Please confirm that the First Nations holding an equity ownership position or entitlement in the Pacific Trails Pipeline Project (also known as the Kitimat-Summit Lake Looping Project) include:
• Haisla First Nation
•Kitselas First Nation
•Lax Kw’alaams Band
•Lheidli T’enneh Band
•McLeod Lake Indian Band
•Metlakatla First Nation
•Nadleh Whut’en First Nation
•Nak’azdli Band
•Nee Tahi Buhn Band
•Saik’uz First Nation
•Skin Tyee First Nation
•Stellat’en First Nation
•Ts’il Kaz Koh First Nation
•West Moberly First Nation
•Wet’suwet’en First Nation
The majority of questions filed with the Coast First Nations are technical challenges to studies filed by the coalition. Enbridge also filed questions with the Gitga’at, Gitxaala, Heiltsuk Nations and the Metis Nation of Alberta.
(Disclosure: The author, who is also a photographer, sometimes accompanies members of the Kitimat Valley Naturalists to photograph birds during the time they are doing the counts)
Members of the Northern Gateway Joint Review Panel, left to right, Kenneth Bateman, chair Sheila Leggett and Hans Matthews make notes at the June 25, 2012 hearings at the Haisla Recreation Centre, Kitamaat Village. A map of Douglas Channel can be seen behind the panel. (Robin Rowland/Northwest Coast Energy News)
“This will be the first project in Canadian history to have First Nations, environmentalists and, for a lack of a better term, rednecks standing together in protest,” that sentence from Katherina Ouwehand summed up the first day of public comment testimony Monday, June 25, 2012, as the Northern Gateway Joint Review Panel returned to the Haisla Recreation Centre at Kitamaat Village.
Ten minutes isn’t that long. Ten minutes is the time that the Northern Gateway Joint Review Panel gives a member of the public to express their opinion on the controversial Enbridge project that would pipe oil sands bitumen from Alberta through the port of Kitimat to Asia.
Ten minutes is sufficient if you know what you’re talking about, if you’ve done your homework and rehearsed presentation so it can comes in right on time.
Ten minutes can be eternity if you’re an Enbridge official sitting silently at a nearby table as people who do know what they’re saying tear apart your public presentations, your multi-million dollar ads and the thousands of pages the company has filed with the Joint Review Panel. Or perhaps, as some at the public comment hearings pointed out, those ten minutes mean little if Prime Minister Stephen Harper has already decided the pipeline will go ahead no matter what, and thus any recommendation from the JRP has little credibility.
The first witness to appear before the public comment hearings on Monday afternoon was someone who knows all about the role of human error in accidents, Manny Aruda, an Emergency Response Team leader at the Rio Tinto Alcan smelter.
Aruda began by commenting, “To be clear, I do not belong to any environmental or radical organization, although I do recycle and occasionally I do eat granola.” His responsibilities at RTA include overseeing anything related to an emergency response, including dealing with spills and reporting the spills. Before that he worked at Methanex first in operations as a field operator and then as an ammonia control room operator. He also volunteers as a Search Manager for Kitimat Search and Rescue.
Talking about his time in the control room at Methanex, Aruda said, “I worked in the state-of-the-art chemical plant which is constantly being updated with the newest instrumentation. No matter how many safety features are in place, human error could supersede. Incorrect wires were cut causing plants to shut down; drain lines were left open during start-up causing methanol to go into the effluent system and eventually into the ocean; pigs [robots that operate inside pipes] are used to clean pipelines that were supposed to be collected at the end of a line at the wharf, and over-pressurizing of the line and mental error, leaving a valve open and the next thing you know pigs really do fly right into the ocean.
“Enbridge has spoken many times about how they’ll use smart pigs. Perhaps their smart pigs will know when to put the brakes on and stop.
Humans weak link
“The bottom line is that no matter what state-of-the-art infrastructure, instrumentation, safety
Manny Aruda takes some water after testifying before the Northern Gateway Joint Review Panel at Kitamaat Village, June 25, 2012. (Robin Rowland/Northwest Coast Energy News)
measures are in place human decisions or lack of decisions will affect the outcome. Humans are the weak link.
“There is an enormous pressure from management to keep plants and pipelines running. Control room operators are most at risk on start-ups and shutdowns, when conditions are changing rapidly. When a suspected issue arises it requires interpretation and analytical skills. These skills are relative to the amount of knowledge and experience of the individual.
“When in the control room you can’t see, hear or smell what’s going on outside, this is why the field operator is so valuable and utilized to go out in the field to verify a level, check a pump status, a pressure reading, identify leaks, et cetera.
Despite what some people may believe, it’s not black and white. There’s not a red Staples easy button flashing indicating that a spill is happening.
“When in the control room you can’t see, hear or smell what’s going on outside, this is why the field operator is so valuable and utilized to go out in the field to verify a level, check a pump status, a pressure reading, identify leaks… Despite what some people may believe, it’s not black and white. There’s not a red Staples easy button flashing indicating that a spill is happening.”
Any deviation from normal operations is subject to interpretation by the control room operator, “a human, the weak link,” Aruda said. He added: “Industry can continue to make improvements and make things more and more idiot-proof. History has shown that better idiots will come along.”
He told the JRP that the long Northern Gateway pipeline through remote mountain passes would have no field operators available to check every kilometre of the line to verify what the control room operator thinks is happening.
Like other witnesses, Aruda pointed to the Enbridge spill at Marshall, Michigan, where four million litres were spilled into a river in a populated area. “The spill went unnoticed due to human error,
the weak link.”
He testified that he has spent “hundreds of hours looking at Enbridge’s risk assessment,
management of spills, emergency response,” and then he said from the point of view of an
emergency response team leader, “reading these documents has flabbergasted me.” He said Enbridge’s risk management was “seriously deficient and woefully lacking in substance. They do not take into consideration the rugged terrain, the climatic conditions and dangers of fast flowing moving water.”
He said Talmadge Creek that feeds the Kalamazoo River, the location of the spill in Michigan, flows at much slower rate than the Kitimat River. At Kalamazoo, he said, four million litre oil spill moved 39 miles downstream contaminating everything in its path and it was contained two days later.
“It took Enbridge two days to deal with a meandering Kalamazoo River spill. Enbridge has stated in their risk assessment and management of spills they can contain a spill in the Kitimat River within two to four hours. This is irresponsible and inaccurate statement with no associated details.
It rains a lot in Kitimat
“To be fair, the Marshall spill happened at the worst possible time when the Kalamazoo River flows were at flood stage, causing oil to be deposited high on marshes and banks. This caused widespread contamination in the area. The Kitimat area also has high periods of flows and flood stages. It’s called, May, June, September, October and November. I’m not sure if you’re aware, but it rains here, a lot.
“In a worst-case scenario for the Kitimat River, Aruda said, based on events of September 2011, “heavy rain caused a dramatic increase in river levels within 24 hours. This is a normal occurrence. And the river widens by 75 yards in some locations. I have personally witnessed tree after tree, including 100 foot trees with full root balls 20-feet in diameter barrelling down this river. The Kitimat River flow at that time, 72,000 cubic feet a second, [was] some 18 times more than the Kalamazoo River. There’s not one qualified incident commander that would even consider sending out emergency responders into that raging river.”
He said that even during a moderate rise of the river, booms are not effective because of all the debris floating down the river.
Aruda said, “I invite anyone who thinks this oil spill can be cleaned up effectively to drift down the river with me to see for themselves how impossible a task that would be.” He noted that Enbridge has spent $765 million in clean-up costs, and while some parts of the Kalamazoo River have recently been opend for recreational use, other parts remain closed for clean-up.
He repeated his belief that Enbridge’s response plans are insufficient and concluded by saying, “Other pipelines and transmission lines have succumbed to the forces of nature in this area without any long-term environmental impacts. Sadly, this will not be the case if oil spills here.”
A later witness was Terry Brown, a former project engineer at Eurocan. Brown began by describing his love for sailing the Douglas Channel for the past 28 years. In one instance, Brown said, “ One extra-special night was when the ocean waters were disturbed and the phosphorescence was a glow like fireworks. We were seldom alone on the water as we often saw, heard and smelled seals, sea lions, orcas, and humpback whales, just like a huge aquarium but all to our own and so secluded.
“We not only stayed on the surface but some of our family engaged in scuba diving. What a joy to see so much life, crabs, fish, and shrimp, sea anemones, sea lions and much more. What a gorgeous dive it was as our daughter Stacy and I went down deep on the wall at Coste Rocks to see many different life forms hanging in our view. Later, we circumnavigated the rock and were amazed to see the pure white forms of a large sea anemone.”
Katherina Ouwehand testifies at the Northern Gateway Joint Review hearings as Murray Minchin, the next witness listens, at the Haisla Recreation Centre, Kitamaat Village, June 25, 2012 (Robin Rowland/Northwest Coast Energy News)
Things failed
Like Aruda, he then turned to how things can go wrong. “No matter how hard we tried to do our best, things failed or as they often said, ‘shit happens’. Pipes, gaskets would fail; tanks would collapse; equipment would break. We even had SRBs in our stainless tanks. Many items would fail with such power that it would resemble an explosion.
“Lately, I have heard comments on how new gaskets are much better than old. Our experience was the opposite, as old gaskets contained asbestos they had a much better life span than the new synthetic ones.
“My largest project at Eurocan, a 300-tonne per day CMP pulp mill, actually had 10 — that’s it, 10 major failures within the first one to two years after start-up. During my working time, I was also involved in some of the projects to reduce the tainting of the local oohlican fish. This involves a highly cultural activity that the Haisla engaged in up until Eurocan start up in 1970.
“Over the 10 to 15 years spent looking for a solution, some $100 million was spent on related activities. If this much was spent with no success on a minor issue, if you call it that, how can anyone expect to clean up the beaches of a real nasty oil like dilbit?”
There was a third, highly technical presentation from Kelly Marsh, a millwright with the District of Kitimat (as well as Kitimat Search and Rescue volunteer) who presented his mathematical evidence, based on what he said we standard and accepted models that he said showed that Enbridge has vastly underestimated the chances of spill.
For the first time in public, some voiced in public what many in Kitimat have been saying in private, that if Stephen Harper pushes the project, there will be resistance from the residents of Northwestern British Columbia.
Katherina Ouwehand testified, “I am not a bully and I don’t lose my temper easily, but if this project is given the go-ahead by our Prime Minister, they had better be prepared for a huge fight. My thousands of like-minded friends and I will unite in force and do more than
speak up peacefully. There will be many blockades on the pathways of the pipeline and marine blockades in the channel.”
Murray Minchin, a member of Douglas Channel Watch (although everyone at the public comment hearings are testifying on their own behalf) said, “The original organizers of the Clayoquot Sound clear-cut logging blockades hoped that 500 to 600 people would turn out and help them protest. Over 10,000 showed up and almost 1,000 were arrested. Those numbers will be shattered if this project gets steamrolled through the regulatory process.”
Bill C-38
Many of the witnesses voiced their concerns about the Conservative omnibus Bill C-38 which they said would destroy many of the environmental safeguards in the Fisheries and Environmental Assessment Acts.
Margaret Ouwehand said. “I have a great fear. I am afraid of Enbridge because it represents much more than a pipeline; Enbridge is an enabler of all the things that make us ashamed to be Canadian. Do we want a Canada that endangers the whole world by contributing to global warming?
Do we want a Canada that muzzles scientists who don’t say what the oil companies want them to say? Do we feel proud when Canada puts up roadblocks to treaties with other countries so that oil companies can continue to pollute? Do we really want a Canada that prefers temporary foreign workers to be used and, in many cases, abused, just to provide oil companies with cheap labour? Wouldn’t it be more ethical to encourage immigrants to come to Canada to make permanent homes and actually contribute to the country?
“Once we were proud of Canada’s leadership in protecting the environment, both in Canada and world-wide. Now we have sold out to the highest bidders and by so doing we are jeopardizing our very sovereignty. We cannot enter into agreements to limit pollution because the big oil companies who own our resources won’t allow it.
“Once we were the world’s good guys, the peacekeepers, the ones who were caretakers of the environment and of endangered species. Now it’s all about money. Now we are at the bottom of the heap, along with other money-grubbers of the world.”
Mike Langegger, who has testified at previous National Energy Board and JRP hearings on behalf of the Kitimat Rod and Gun, testified, “Today I wish to speak to the implications of the Northern Gateway Project will have on my and many coastal families who call British Columbia home and the threat it poses to a generations of culture, lifestyle, relying on healthy and productive environment and ecosystems we currently have.
“My family, along with many resident British Columbians have a strong connection to our natural environment and is as much part of us as we are of it. By nature we are hunters and gatherers who have sustainable harvest from our natural environment over the generations providing for our families. Abundant and healthy fish and wildlife populations in environment that sustained their existence is critical and must be guaranteed.
“Unfortunately, over my lifetime I’ve witnessed commercial and industrial exploitation come and go, each diminishing our areas natural environment and its ability to support wildlife and the many associated values. It is critical that not only negative implications of the Northern Gateway Project be considered but also the cumulative effects of current, proposed, and past exploitation that has or is likely to occur in our area. Often a single negative impact can be mitigated. However, when a series of impacts are allowed to compile, the end result has proven to be devastating.
“Today the Dungeness crab and our local estuary area are deemed as contaminated and not recommended for consumption. The oohlican populations have been wiped out on most of our local area streams. The Kitimat River has been negatively impacted by resource extractions rendering it reliant on hatchery augmentation. Trees on the west side of the valley have died off suspect to pollution; wildlife populations have been impacted and the list goes on.
“We have seen industries come and exploit our area and its resources, profit substantially and leave, only to pass on a legacy of toxic sites and compromised environment. What they have not left behind is any established fund for impacted First Nation’s area residents and stakeholders to manage and reinvest back into our environment for the benefit of habitat, fish, wildlife that has been impacted.
“Ultimately, industry in general has been allowed to exploit, profit, and leave without being held accountable for our forest to correct damage. That’s the history we currently witness here.
“For those of us that call coastal British Columbia home, the existing environment, fish, wildlife, and associated values are the foundation of who we are. It is those values that foster and nurture many family bonds and are the result of cherished memories with loved ones and friends. It is those values that provide a healthy lifestyle and food source. It is those values that support numerous traditions and are the base of revered culture. It is those values that the Northern Gateway Project ultimately threatens to extinguish.” Transcript Vol.58-Mon June 25, 2012 (pdf)
