CAPE – Gideon Forman – Josette Wier – Northern Gateway Pipeline – POEA Glyphosate Special Review –

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.

DIRECT 403 268 7023

File No.: 158084281

Dear Ms. Young,

RE: Northern Gateway Pipelines Inc.

Enbridge Northern Gateway Project (“Project”)

Hearing Order OH42011

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 abovecaptioned Motions.


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.


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



Richard A. Neufeld, Q.C.



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.