ARCHIVED - Order JJD-2-2012 to Vantage Pipeline Canada ULC pursuant to Section 51.1 of the National Energy Board Act
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ORDER NO. JJD-2-2012
IN THE MATTER OF THE NATIONAL ENERGY BOARD ACT,
AN ORDER UNDER SECTION 51.1
is employed by Vantage Pipeline Canada ULC, or is a person conducting an excavation or construction on or near a facility located at NW ¼ 9-14-25 W3M.
On 26 September/4:00pm, the undersigned National Energy Board inspection officer conducted an inspection of Vantage Pipeline Project, proposed reroute area at 82+000 to 82+250.
The inspection officer has noted the following:
During the inspection of the Project at 82+000 to 82+250, construction activity was observed to have occurred off of the pipeline Right-of-Way (RoW). Activities observed included completed mowing, topsoil stripping and grading in an area of native prairie for which Vantage has applied for a deviation pursuant to Section 45 of the National Energy Board Act. The application for deviation is currently being considered by the Board and has not yet been approved.
These observations represent non-compliance with Section 31(c) of the National Energy Board Act and Condition 2 of Certificate OC-059.
the officer shall describe the grounds for making the order
Based on the above mention, the inspection officer has reasonable grounds to believe that a hazard to the safety or security of the public, or employees of a company or a detriment to property or the environment is being or will be caused by the construction, operation, maintenance or abandonment of the pipeline.
Therefore, Vantage Pipeline Canada ULC is HEREBY ORDERED, pursuant to section 51.1 of the National Energy Board Act, to
Specified Measures: Vantage shall:
1. Vantage shall cease construction activities in this unapproved area.
2. a) Provide for approval of the Inspection Officer, both reclamation and monitoring plans for the disturbed areas; and
b) In the event that the Board does not approve of Vantage’s proposed deviation, implement the reclamation and monitoring plans and submit evidence of their completion to the Inspection Officer.
3. Vantage shall develop and implement a plan to prevent future occurrence of construction activity in unapproved areas and submit evidence of its completion to the NEB Inspection Officer.
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