Permission won’t necessarily be granted.
And the 10-page application for would-be letter writers has some cryptic hurdles to jump, such as this one on Page 4:
“Before you continue with this form, refer to the Board’s Guidance Document on Section 55.2 and Participation in a Facilities Hearing attached to the Hearing Order OH-002-2013 as Appendix VI, and again as Appendix III of Procedural Update No. 1 for OH-002-2013.”
The new requirements are part of a system put in place by the National Energy Board (NEB) at the direction of the federal government. Environmental groups fear the new rules, being used for the first time, will stifle public comment.
“This is a clear attempt to block people from participating in public decision-making,” said Keith Stewart of Greenpeace.
Adam Scott of Environmental Defence agreed: “We’ve seen lots of other approval processes go forward in the past. This is noticeably more difficult, and it was already a difficult process.”
Enbridge Line 9 is a 30-inch-diameter pipe built in the 1970s to carry oil between Sarnia and Montreal. It carried western Canadian oil eastward until 1999, when Enbridge reversed the flow to carry imported oil to Sarnia.
It crosses the GTA. In Toronto, it mostly traces the hydro right-of-way along Finch Ave.
Now Enbridge wants to reverse the flow once more, to carry western oil east. The western section of the pipe, between Sarnia and the Westover terminal near Hamilton, has already been reversed. Enbridge is now asking the energy board for permission to reverse the eastern section.
Enbridge also wants to boost the line’s flow to 300,000 barrels a day from its current capacity of 240,000 barrels a day.
It could carry either conventional crude or diluted bitumen from the oilsands — a feature that has sparked attention from environmental groups, which point out it was an Enbridge line carrying diluted bitumen that spilled oil in Kalamazoo, Mich. in 2010.
Energy board bearings are planned for late August. The board also takes written comments.
But, in a new procedure, anyone who even wants to write a letter must submit an application before doing so.
“Describe your specific and detailed interest in the proposed Project,” says the lengthy application. “Note that mere opposition to or support for the proposed Project will not be enough.”
The application makes it clear that not all letters of comment will be accepted.
“The Board will review your application to participate first and notify you if you are allowed to participate as a Commenter before you may file a Letter of Comment,” it says.
Neither the board nor applicants have precedents to guide them, said NEB spokesman Whitney Punchak.
The federal government drew up the new rules last year to streamline the approval process for energy projects.
“Because it is a new process and this is the first time that we’re going to be reviewing these on a case-by-case basis, I can’t provide examples of previous decisions that the board has made,” said Punchak.
Greenpeace and Environmental Defence are telling their supporters to ask the Ontario and Quebec governments to hold their own environmental assessments on the project. The two groups have already written to Ontario Environment Minister Jim Bradley. Bradley’s office said Monday that the request is still being studied.
For those who want to write to the NEB, the board has appointed an official to help navigate the process. He is Michael Benson, who can be reached at michael.benson@neb-one.gc.ca, or at 1-800-899-1265.
The project has caught the interest of a number of municipal councils, including Toronto’s.
Earlier this year, Toronto city council authorized city staff to apply to participate in the energy board hearings.
Last year, a study by three GTA conservation authorities said that a pipeline break could have a “significant” effect on local drinking water.
The pipeline crosses most major streams and rivers in the GTA.
Original Article
Source: thestar.com
Author: John Spears
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