Enbridge Pipelines Inc. – Line 3 Replacement Program – OC-063
- February 2, 2017 – NEB approves Enbridge’s proposed format for its Plan, Profile and Book of Reference and notices for service and publication [Filing A81621].
- December 23, 2016 – Enbridge files its proposed Plan, Profile and Book of Reference and notices for service and publication with the NEB for approval [Filing A81151].
Detailed Route Approval Process begins
National Energy Board (NEB) approves Enbridge’s proposed form of Plan, Profile and Book of Reference (PPBoR) and notices for service and publication
On February 2, 2017, the NEB approved [Filing A81621] Enbridge Pipelines Inc. (Enbridge's) draft Plan, Profile, and Book of Reference (PPBoR) and its sample notices for service and for publication subject to Enbridge addressing required revisions contained in Appendix I (required under paragraphs 34(1)(a) and 34(1)(b) National Energy Board Act (NEB Act).
- The draft PPBoR and the notices submitted by Enbridge can be viewed here [Filing A81151].
Enbridge must now prepare and submit its actual PPBoR for each segment of the proposed detailed route to the NEB and serve a written notice to landowners whose lands will be crossed by that particular segment of the route. Enbridge must also publish notices in local newspapers along the pipeline route as set out in Attachment 3 – Proposed Media Plan [Filing A81151] to Enbridge’s submission. The newspaper notice includes a map and a list of the lands proposed to be crossed by the pipeline.
All information and filings related to Enbridge’s proposed detailed route can be found in Folder 2985609.
Statement of Opposition
If you are a landowner who has been served with a notice, you have days from being served to file a written statement with the Board setting out the nature of your interest in the proposed detailed route and the ground for opposing that route.
If, however, you are not a landowner, but rather someone who anticipates your lands may be adversely affected by the proposed detailed route, you have 30 days from the date the last notice was published to file a written statement with the Board.
The statement of opposition must set out the nature of the person’s interest and the grounds for the opposition to the proposed detailed route of the pipeline. The statement of opposition must relate to one or more of the following matters:
- the proposed location of the pipeline;
- the methods of pipeline construction; and/or
- the timing of pipeline construction.
If the NEB receives any valid written statement of opposition during the comment period, the NEB will conduct a public hearing. In assessing Enbridge’s proposed detailed route for each segment, the NEB will take all relevant matters into account in determining the best possible detailed route of the pipeline and the most appropriate methods and timing of construction of the pipeline. The detailed route process does not reconsider the NEB’s original decision for Project.
To learn more about how to file your statement of opposition, please click here.
For questions or to find out more about the detailed route process contact a National Energy Board Process Advisor at 1-800-899-1265 or Line3Replacement@neb-one.gc.ca.
On November 5, 2014, Enbridge Pipelines Inc. submitted an application [Folder 2546069] for the Line 3 Replacement Program. The proposed project would include:
- Replacing the existing Line 3 pipeline, 863.6 mm (outside diameter) crude oil pipeline with a new, 914.4 mm (Outside diameter) crude oil pipeline;
- the addition of 55 new remotely operated sectionalizing valves;
- the installation of 18 new pump stations and associated infrastructure and equipment;
- the addition of 3 new storage tanks at the Hardisty Terminal;
- associated interconnection work at facilities; and
- the decommissioning of the existing Line 3 pipeline.
Some temporary infrastructure, such as work camps, stockpile sites and contractor staging areas may also be required during construction.
The majority of the Line 3 replacement pipeline would be situated adjacent to Enbridge’s Mainline System corridor. The Project footprint for the Line 3 Replacement Pipeline will typically be 45 metres in width, including 12 metres of permanent easement, with an additional 33 metres of temporary workspace.
The targeted in-service date is early 2019. Decommissioning activities are proposed to begin once the Line 3 Replacement Pipeline is in service, and would take 12 to 18 months to complete.
On November 29, 2016, Governor in Council directed the National Energy Board (NEB) to issue a Certificate of Public Convenience and Necessity for the Line 3 Replacement Project. This Certificate and the Orders authorizing the construction and operation of the Project are subject to 89 conditions that will be enforced by the NEB.
- National Energy Board – Recommendation Report [Document 2949922]
- Environment and Climate Change Canada – Review of Related Upstream Greenhouse Gas Emissions Estimates
- Natural Resources Canada – Online Questionnaire Report
- Major Projects Management Office – Crown Consultation and Accommodation Report
Detailed route maps for the proposed Line 3 replacement pipeline are in Parts 1-18 of Appendix 2 (Environmental Alignment Sheet Package), found here: Filing A64179. Revised Re-Route Figures can be found here: Document A4L1G2, Document A4L1G3, Document A4L1G4 and Document A4L1G5.
Detailed route maps for the existing Line 3 pipeline which Enbridge proposes to decommission are in Parts 1-14 of Appendix 12 (Decommissioning Environmental Technical Report) found here: Filing A64181.
Note: Decommissioning Alignment Sheets Index Maps are found here: Document A4E7E0.
Plans, Profile and Book of Reference
On December 23, 2016, the company filed its proposed Plan, Profile, and Book of Reference and notices for service and publication with the NEB for approval.
A plan and profile is a drawing of the pipeline as seen from above (aerial view) and from the side (profile view) showing the exact proposed location of the pipeline. The book of reference identifies the lands, provides the names of the landowners and land occupants, and shows the dimensions (length, width and total area) of the right-of-way required for the pipeline.
Enbridge must provide a written notice to all landowners who have an interest in the lands along the proposed detailed route as well as publish its notice in various newspapers.
Land owners will have 30 days from the date they receive the written notice to file a written statement of opposition to the proposed detailed route with the NEB. The NEB will then decide whether to hold a detailed route hearing.
It’s important to note that a Detailed Route hearing is not intended to reexamine whether or not the project should be approved. The Board will only consider the issues related to the exact location and construction of the route. The purpose is to determine whether the company has proposed the best possible detailed route for the pipeline and the most appropriate methods and timing for building it.
You can find more information about detailed route hearings and how the NEB assesses these matters in Chapter 4 and Chapter 5 of the Pipeline Regulation in Canada: A Guide for Landowners and the Public.
Project Requirements and Conditions
While Enbridge has the legal authority to move forward with this project, there are a number of steps that must be completed before construction can begin. The NEB has imposed 89 conditions on this project that strengthen public safety, protection of the environment, and ensure continued consultation between the company, landowners and Aboriginal peoples.
Conditions are legal requirements that a company must meet to be allowed to construct and operate a project. Conditions are project-specific and are designed to protect the public and the environment by reducing possible risks identified during the hearing.
Most of the conditions attached to the Certificate of Public Convenience and Necessity and the associated Orders require Enbridge to file documentation with the Board to demonstrate compliance. In some cases, the Board will need to review and approve the documentation before Enbridge can move forward. You can review these documents and any related NEB correspondence here [Folder 2985609].
Conditions may require a company to submit documentation such as:
- results of additional environmental and socio-economic assessments, species-specific studies, or traditional land use investigations;
- engineering design details, and supporting assessments or information;
- environmental protection plans;
- mitigation and monitoring documentation;
- construction schedules and progress reports; and
- employee training programs and manuals.
The NEB evaluates the information provided by the company against the specific requirements that must be met for each condition and follows up with the company if more information is needed.
- Section 52 Certificate Conditions – (Adobe .pdf page 232 of 274) [Document 2949922]
- [Document 2949922]
- Section 58 Order Conditions – (Adobe .pdf page 246 of 274) Documents filed to demonstrate condition compliance [Folder 2985609]
- NEB Condition Compliance Table
During the National Energy Board's review of this project, all evidence, letters of comment, Board decisions and other relevant documents were filed with the National Energy Board and placed on the Board's online document repository [Folder 2545522]. These documents are accessible to the public. Funds awarded through our Participant Funding Program are announced in the Participant Funding Report.
Lifecycle of an NEB regulated pipeline
While most Canadians only hear about the NEB’s involvement at the beginning of projects, it actually regulates Canada’s federal energy infrastructure throughout its entire lifecycle. We do not simply make a decision on a project and walk away. When approved projects are being built and operated, we inspect and audit them. When a pipeline has reached the end of its usefulness, we hold a hearing to review abandonment applications to ensure that it is abandoned in a safe and environmentally responsible manner.
In other words, the NEB regulates from “start to finish”, which can span the course of many decades. And we hold pipeline companies responsible for the full lifecycle of the pipelines they operate.
Here is the lifecycle of a regulated facility, showing the NEB’s involvement at each phase:
Text version of this graphic
NEB oversight throughout the lifecycle: Regulations – Conditions – Inpections – Audits – Enforcement.
NEB requires companies to consult throughout the entire lifecycle, with those potentially affected.
- Application to Construct and Operate
- NEB Public Hearing Decision/Recommendation
- NEB Decision on Safe Operation
- Application for Leave to Open
- Operation and Maintenance
- Application to Abandon
- NEB Public Hearing Decision
How does the NEB monitor pipeline safety?
We have a number of tools that we use to ensure that the companies that we regulate are meeting their commitments. The NEB uses Compliance Verification Activities to observe and gather information about the state of compliance in a specific area of a company’s operations, or to investigate whether companies are taking the appropriate preventive or corrective actions. Compliance Verification Activities include:
- inspections (of facilities under construction or in operation)
- emergency exercise evaluations
- emergency procedures manuals reviews
- formal compliance meetings (to check the progress of programs or corrective actions)
- management system audits
- reviews of post-construction monitoring reports
These activities are designed to determine if legislation and expectations are being followed, to assess if enforcement is required, and to provide feedback to a company. If our staff see something that is not in compliance with our regulations, they follow-up to make sure that corrective actions have been put in place and apply appropriate enforcement actions if necessary.
Under the National Energy Board Onshore Pipeline Regulations (OPR), companies must immediately notify the National Energy Board of any incident that relates to the construction, operation or abandonment of a pipeline.
As part of ongoing oversight of pipelines, companies are required to submit Operations and Maintenance Notifications, if they meet certain criteria (such as working near bodies of water). Operations and Maintenance Notifications, filed by Enbridge for all of its pipelines, can be found on our website.
Each year the NEB conducts more than 250 Compliance Verification Activities of regulated companies. These tools are effective in allowing the Board to proactively detect and correct non-compliances before they become issues.
In 2011, the NEB began proactively posting information on our compliance and enforcement activities with the goal of providing all relevant information in a manner that is clear and accessible.
Specifically, the NEB publishes in the table below:
- NEB Inspection Reports (see Inspection Reports – Questions and Answers for more information);
- NEB Audits of company operations;
- Inspection Officer Orders;
- Incident Investigation Reports published by the Board;
- Information related to Administrative Monetary Penalties;
- Board Orders (related to safety and environmental protection issues);
- Board Letters or Directives (related to safety and environmental protection issues);
- Corrective Action Plans related to the above; and
- Other relevant documents, including any significant correspondence.
You can find information about our compliance and enforcement activities related to Enbridge Pipelines and specifically, Line 3 below:
|Operational Audit||Enbridge Pipelines Inc.||Canada||Emergency Management Program||
|Operational Audit||Enbridge Pipelines Inc.||Canada||Environmental Protection Program||
|Operational Audit||Enbridge Pipelines Inc.||Canada||Third Party Crossings Program||
|Operational Audit||Enbridge Pipelines Inc.||Canada||Integrity Management Program||
|Operational Audit||Enbridge Pipelines Inc.||Canada||Safety Management Program||
|Operational Audit||Enbridge Pipelines Inc.||Canada||Public Awareness Program||
|Inspection Officer Order and Administrative Monetary Penalty||Enbridge Pipelines Inc.||Line 3 Replacement Project, Cromer (MB)||Ss.2(3) of the AMP Regulations Failure to comply with a term or condition of any certificate, license, permit, leave or exemption granted under the NEB Act||
|Board Order||Enbridge Pipelines Inc.||System Wide||Emergency back-up power and push button shut down keypads at pump stations||
National Energy Board Issues Decisions and Recommendations regarding Enbridge Line 3 Replacement Project
Funding Available to Participate in the NEB’s Regulatory Process Regarding the Enbridge Line 3 Replacement Program
Frequently Asked Questions
If you have questions about the project, including whether or not the pipeline crosses your property, please contact Enbridge Pipelines at 1-888-967-3899 or via email at firstname.lastname@example.org.
For questions about the Line 3 Replacement Program, please contact:
Telephone (toll free): 1-800-899-1265
For media inquiries, please contact:
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