June 15, 2012
Joint Review Panel – Enbridge Northern Gateway Project
444 Seventh Avenue SW
Calgary, AB T2P 0X8
Attention: Ms. Sheri Young
Secretary of the Board
Richard A. Neufeld, Q.C.
richard.neufeld@fmc‐law.com
DIRECT 403 268 7023
File No.: 158084‐281
Dear Ms. Young,
RE: Northern Gateway Pipelines Inc.
Enbridge Northern Gateway Project (“Project”)
Hearing Order OH‐4‐2011
Response to Motions by the Haisla Nation, and Dr. Josette Wier for Leave to ask
further Information Requests
The purpose of this letter is to provide the response of Northern Gateway Pipelines Inc.
("Northern Gateway") to the above‐captioned Motions.
BACKGROUND
As noted by the Haisla Nation, the Semi
‐Quantitative Risk Assessment ("SQRA") filed by
Northern Gateway was prepared in response to JRP IR 8.1. That IR was provided to Northern
Gateway on November 1 , 2011, and requested Northern Gateway to accelerate preparation of
a study that would in the ordinary course have been done as part of detailed engineering. By its
nature, it was clear that the SQRA could not be prepared within the limited time period set out
for a response to JRP IR No. 8 generally (i.e., on or before November 24, 2011). No party could
reasonably have expected to have the SQRA in hand prior to filing of Intervenor Evidence. It was
in the same category as many other information requests, to both Northern Gateway and
others, that would be asked and answered at a later point in the proceeding. Questions may be
asked of those responses at the hearing, but there is no right to have yet another round of IRs.
It should also be noted that the Hearing Order contains no restriction on the number or timing
of IRs from the Panel. Consequently, if there are any questions posed by the Haisla Nation or
Dr. Josette Wier which are considered to be particularly important, they could be subject of
another IR from the Panel directly.
RESPONSE TO WIER MOTION
Northern Gateway has carefully reviewed the Wier Motion. As was the case with the previous 7
IRs from Dr. Wier, many of the questions posed are of questionable probative value, and many
seek to have Northern Gateway comment on evidence or reports submitted by others. For
example, the proposed IRs make numerous references to an IR response to the Panel by Robyn
Allen, as well as publications by the Natural Resource Defence Council. Dr. Wier also requests
that all parties be allowed to serve Northern Gateway with late IRs, irrespective of whether they
have sought leave to do so. This is clearly unreasonable.
Northern Gateway respectfully submits that the Wier Motion be dismissed, and that Dr. Wier be
directed to ask her questions on the SQRA at the hearing.
Yours truly,
Fraser Milner Casgrain
LLP
Richard A. Neufeld, Q.C.
RAN/sd
(A42190
Pressure mounts on B.C. Liberals to end silence on Northern Gateway pipeline
The Canadian Press,
Published: Thursday, May 10, 2012
VICTORIA – B.C.'s environment minister admits he's feeling the pressure for his government to take a stand on the proposed Northern Gateway pipeline project, but so far, the Liberals are staying silent.
Environmental groups, First Nations and B.C.'s Opposition New Democrats have come out firmly against the $5.5 billion Enbridge (TSX:ENB) plan to pipe Alberta oil to north coast B.C. and ship the oil to Asia on supertankers, while the federal and Alberta government have highlighted the project's economic benefits to Canada.
B.C. Premier Christy Clark has steadfastly refused to endorse or reject the project, saying she is waiting for the completion of a federal environmental review process before deciding the province's position.
Environment Minister Terry Lake says the Liberals are feeling the pressure to make a decision, but he supports getting the details before saying yes or no.
Smithers, B.C. resident Josette Wier is calling on the B.C. Liberals to end their silence on the pipeline project in an open letter to Clark.
Wier says with the federal government's open support for the project, B.C. should declare it's not prepared to rubber-stamp what she says appears to be a done-deal federally.
http://www2.canada.com/topics/news/story.html?id=6601020
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