On July 11, Trans Mountain responded to motions by the Province of BC, City of Burnaby, City of Vancouver and other parties suggesting that some of its responses to more than 10,000 questions from Intervenors were inadequate. Both the motions and the responses are an expected and normal stage in the regulatory process.

Trans Mountain received motions related to about a quarter of the 10,000 questions originally asked by Intervenors in May. The company’s responses included providing clarification on some of the disputed questions and commitments to provide additional information on other questions. Our responses to the motions were answered in the following manner:

I. About 50% of our responses to the motions were that:

  • The original answer provided sufficiently answered the question;
  • The information requested was out of scope of the proceeding;
  • The information requested is not available; or
  • The information is really a new or follow- up question and is more appropriately asked in the 2nd round of Intervenor questions, in September

II. For about 30% of our responses:

  • We provided either more information or a link to other questions that we answered with the requested information

III. About 20% of our responses were that:

  • The information request is premature given that it is normally addressed in a condition, and will be provided later; or
  • We committed to providing more information in the future

Trans Mountain is confident that by providing additional clarification and in some cases a commitment to file additional evidence, it has adequately answered the motions. Trans Mountain awaits Intervenor responses on July 16 and then the National Energy Board’s (NEB) decision on the Intervenor motions.

Trans Mountain will continue to answer any further questions in subsequent rounds of Information Requests. Trans Mountain’s responses to the 2nd round of NEB questions is due later in July and the 2ndround of questions from Intervenors is scheduled for September. A third round of NEB questions is scheduled for December and the NEB and Intervenors have an opportunity to present oral arguments in early 2015.

The company’s 15,000-page Application to the NEB is one of the most extensive pipeline Applications ever made and the 400 Intervenors with full process-rights is the greatest number of Intervenors to participate in any NEB hearing.

Background:

Information requests are an opportunity for the NEB or an Intervenor to ask written questions or request additional information about the Project – both the questions and the responses are posted on the NEB’s website.

Some of the questions asked by Intervenors in the motions for more information and how they’ve been addressed:

  • Climate Change - The NEB has previously determined that upstream and downstream impacts of the pipeline are not in the scope of this review. Potential environmental and socio-economic effects of the pipeline are described in the Application, Volumes 5A - Volume 5D.
  • Spill Compensation – In the event of a spill from the pipeline, Trans Mountain is committed to response, cleanup and remediation – with a focus on the safety of the public and minimizing impacts to people and the environment. The company will ensure parties affected are compensated appropriately and will handle spill compensation on a case-by-case basis as each individual’s situation is unique, rather than applying a one-sized fits all approach for compensation.