ARCHIVED – Order MMO-001-2018 to NOVA Gas Transmission Ltd. pursuant to section 51.1 of the National Energy Board Act
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INSPECTION OFFICER ORDER NO. MMO-001-2018
IN THE MATTER OF THE NATIONAL ENERGY BOARD ACT,
AN ORDER UNDER SECTION 51.1
is employed by NOVA Gas Transmission Limited (NGTL), and/or is a person conducting a ground disturbance or construction on or near a facility located near Chetwynd, British Columbia.
On 28-29 November, 2018, the undersigned National Energy Board Inspection Officer conducted an inspection of North Montney Project (the Project), Spread 1.
The Inspection Officer has determined that a hazard is being or will be caused based on the following facts: In wetland in the vicinity of KP 5 to KP 5+500
- At approximately 3:06 on November 28, the Inspection Officer observed a backhoe sitting on and moving wet, unfrozen topsoil;
- On the morning of November 29, NEB staff raised the issue with NGTL staff, who stated that the backhoe was preparing the space for a hot line bore, and agreed when asked that the backhoe should not have been working in the wetland under those conditions, and that the original plan had been to do the work in frozen conditions;
- NGTL staff stated that they would shut down the work in the wetland until the Wet Soils Contingency Plan could be properly implemented;
- Later on November 29, NGTL staff provided a document in which they stated that the work had been shut down within 4 minutes of the Inspection Officer having observed the activity;
- The document provided by NGTL staff indicated that the backhoe had been conducting the work for 3 hours prior to shutting down on November 28;
- NGTL indicated that the backhoe’s purpose was preparing the site for a hot-line bore and for surface water control.
In the wetland in the area from KP 28+800 to KP 29+300
- The Inspection Officer noted that a ramp had been created over portions of the wetland on the travel side of the right-of way, and that approximately 20m of the high-strength geotextile along the sides of the ramp was not raised;
- A backhoe was working back and forth on the ramp, including next to areas where the geotextile was down;
- When questioned, NGTL staff indicated that perhaps it would be a good idea to ensure that geotextile had been installed properly prior to permitting work to take place on the ramp.
Based on the above mentioned, the inspection officer has reasonable grounds to believe that a hazard to the safety or security of the public or of 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, or any part of a pipeline, an abandoned pipeline or any part of it, or a ground disturbance or the construction of a facility.
Therefore, is HEREBY ORDERED, pursuant to subsections 51.1(1) and 51.1(2) of the National Energy Board Act, to
Specified MeasuresFootnote 1:
- Stop all work within 10m of the above listed wetlands, and the wetland at KP 22+800 to KP 23.
- Ensure that no equipment or vehicles travel on the ramp at KP 28+800 to KP 29+300.
- Provide confirmation that the geotextile is properly installed on the ramp at the wetland at KP 28 + 800 to KP 29 + 300.
- For the wetland at KP 5 to KP 5 + 500
- Provide to the Inspection Officer the site-specific work plan that was used for the activity, if one is available;
- Describe how the decision was made to work in that location in the wet conditions and how the environmental hazards were assessed prior to and during the work;
- Describe the shut down process including who and when the decision to stop work was made.
- NGTL is to confirm that the requirements for sediment fencing and wet soil contingency measures are in place for the wetland at KP 22+800 to KP 23.
- Describe how NGTL will take a more pro-active approach to working in and around wetlands. Including but not limited to: who has the authority to authorize work in adverse conditions, who has the authority to stop work in hazardous conditions.
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