Filing Manual – Appendix 1 Filing Manual Checklists

Table of Contents

  1. Appendix 1 – Filing Manual Checklists [WORD 105 KB]
  2. Appendix 1 – Filing Manual Checklists [PDF 487 KB]
  3. Chapter 1 – Introduction
  4. Chapter 3 – Common Information Requirements
  5. Chapter 4 – Sections 4.1 and 4.2: Common Requirements for Physical Projects
  6. Guide A – A.1 Engineering
  7. Guide A – A.2 Environment and Socio-economic Assessment
  8. Guide A – A.3 Economics and Financing
  9. Guide A – A.4 Lands Information
  10. Guide B – Abandonment Funding and Applications to Abandon
  11. Guide C – Protection of Pipelines from Ground Disturbance, Facility Construction, Crossings and Mining Operations
  12. Guide D – Deviations
  13. Guide E – Change in Class Locations
  14. Guide F – Change of Service or Increase in Maximum Operating Pressure
  15. Guide G – Deactivation
  16. Guide H – Reactivation
  17. Guide I – Processing Plants: Deactivation and Reactivation
  18. Guide K – Decommissioning
  19. Guide N – Applications to Review, Rescind or Rehear
  20. Guide O – Variance Applications and Project Updates
  21. Guide P – Tolls and Tariffs
  22. Guide Q – Export Authorizations
  23. Guide R – Transfer of Ownership, Lease or Amalgamation
  24. Guide S – Access on a Pipeline
  25. Guide T – Leave to Open
  26. Guide U – Information Filed Respecting Plan, Profile, Book of Reference (PPBoR) and Notices
  27. Guide V – Right of Entry Applications
  28. Guide W – Requirements for Substituted Service Applications
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The filing requirements included in this manual have been summarized in the following checklists. The CER encourages applicants to complete all the relevant checklists and include them as part of the application. Using these checklists alone does not constitute a complete application.

Chapter 1 – Introduction

Chapter 1 – Introduction

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

1.5 Confidential Filing

1.

A cover letter containing:

  1. the request and reasons for the request;
  2. a summary of the nature of the information to be treated confidentially; and
  3. a detailed description of why the filing requires confidential treatment.

 

 

2.

If possible, a redacted version of the filing that can be made public (with redactions to the information requested to be kept confidential).

 

 

3.

One unredacted copy of the filing that the applicant requests to be kept confidential. The filing must be provided via hand delivery, ordinary mail, registered mail or courier to the Secretary of the Commission in a double sealed envelope under confidential cover.

 

 

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Chapter 3 – Common Information Requirements

Chapter 3 – Common Information Requirements

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

3.1 Action Sought by Applicant

1.

Requirements of section 15 of the Rules.

 

 

3.2 Application or Project Purpose

1.

Purpose of the proposed project.

 

 

3.3 Management Systems and Programs under the OPR

1.

An overview of its management systems, including a description of:

  • how programs required under the OPR are coordinated within the management system to promote safety and environmental protection; and
  • the process for any necessary modifications to the management system.

 

 

3.4 Engagement

3.4.1 Policies and Goals of Engagement

1.

Provide an overview of the company’s engagement approach, which should include:

  • the corporate policy or vision with respect to engagement.
  • the principles and goals established for the applicant’s Engagement Program; and
  • a copy of the Indigenous engagement policy, along with any more specific related documented policies and principles, such as, for collecting Indigenous knowledge or traditional use information.
  • a copy of the Indigenous engagement policy, along with any more specific related documented policies and principles, such as, for collecting Indigenous knowledge or traditional use information.

 

 

3.4.2 Designing Project-specific Engagement Activities

1.

Provide an overview of the project-specific engagement activities and the factors that influenced the design, which should include:

  • a list of potentially affected persons or communities that were engaged for the project, including:
    • landowners, local residents, and land or waterway users;
    • government authorities; and
    • Indigenous Nations;
  • a sample of the information package that the applicant has provided to all potentially affected persons and communities as outlined in the CER Early Engagement Guide (Guide L);
  • methods, locations, and timing of engagement activities, including where community cultural protocols were identified and followed;
  • manner in which relevant languages were considered, including in particular how project information will be provided and communicated to potentially affected persons or communities in the official language of their choice to ensure effective and meaningful participation in the CER process;
  • procedure for responding to issues and concerns; and
  • plans for future engagement and follow-up throughout the operations phase of a project, which may include activities such as public awareness programs, continuing education and engagement with persons regarding proposed operations that may potentially affect them.

 

 

3.4.3 Implementation and Outcomes of Project-specific Engagement Activities

1.

Describe the outcomes of the engagement activities conducted for the project, including:

  • a summary of the comments and concerns expressed by potentially affected persons or communities;
  • a summary of the response made regarding each of the concerns or comments, including:
    • the measures taken, or that will be taken to address those concerns or an explanation of why no further action is required to address the concerns or comments; and
    • the methods and dates that the response was made to the person(s) who raised the concern(s);
  • how outstanding concerns will be addressed;
  • how input from persons or communities has influenced the design, construction or operation of the project;
  • details regarding discussions with Indigenous Nations, which includes each of the items listed above and:
    • the identity of all Indigenous Nations contacted, how they were identified, when and how they were contacted and who was contacted;
    • any relevant, non-confidential written documentation received regarding engagement;
    • any concerns about the project raised by Indigenous Nations that have been discussed with any government department or agency, including when contact was made and with whom; and
    • where there is any known involvement of the Crown in consultations with the Indigenous Nations with respect to the project, describe the Crown involvement; and
  • the details and results of the engagement activities undertaken with all persons who may be affected by any changes to the project (e.g., persons that would be uniquely impacted following changes to the project as a result of engagement activities).

 

 

2.

Confirm that potentially affected persons or communities will receive adequate notice that:

  • the application has been filed with the CER;
  • the process by which potentially affected persons and communities can contact the CER at any point before the Commission makes its decision; and
  • the methods and timing of notification.

 

 

3.4.4 Justification for Not Undertaking Engagement Activities

1.

Explain why engagement activities were considered unnecessary, including:

  • the scenario or scenarios that are applicable to the application (i.e., equivalent engagement activities, no or negligible environmental or socio-economic effects, facilities within company owned or leased lands); and
  • evidence that these scenarios meet the requirements of this section of the manual.

 

 

3.5 Notification of Commercial Third Parties

1.

Confirm that all commercial third parties that could potentially be affected in any way by the outcome of the application have been notified and include:

  • the method used to notify those parties; and
  • when the parties were notified.

 

 

2.

Provide details regarding the concerns of third parties. This might include:

  • confirmation that no concerns were raised;
  • confirmation that concerns raised have been resolved; or
  • a list of the commercial third parties that have outstanding concerns and a discussion of their unresolved concerns.

 

 

3.

List the self-identified interested third parties and confirm they have been notified.

 

 

4.

Provide an explanation in the event that notification of commercial third parties was considered unnecessary.

 

 

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Chapter 4 – Sections 4.1 and 4.2: Common Requirements for Physical Projects

Chapter 4 – Sections 4.1 and 4.2: Common Requirements for Physical Projects

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

4.1 Description of the Project

1.

Identify and describe the project components, activities and related undertakings (e.g., pipe, valves, compressors, pumps, access roads including temporary and permanent bridges, construction camps, marine terminals and loading facilities).

 

 

2.

Describe the project location and the criteria used to determine the proposed route or site.

 

 

3.

Describe how and when the project will be carried out.

 

 

4.

Provide a description of any facilities to be constructed by others which are required to accommodate the proposed facilities, including temporary facilities.

 

 

5.

Provide an estimate of the total capital costs and incremental operating costs, if applicable; and changes to abandonment cost estimates, where applicable, for the following categories:

  • pipelines;
  • compression or pumps;
  • metering and regulating;
  • tankage;
  • other facilities;
  • allowance for funds used during construction (AFUDC) including rates used; and
  • capitalized overhead, showing a separate breakdown of the main cost elements such as materials, installation, land and land rights.

 

 

6.

Indicate the expected in-service date.

 

 

4.2 Economic Feasibility, Alternatives and Justification

4.2.1 Economic Feasibility

1.

Describe the economic feasibility of the project.

 

 

4.2.2 Alternatives

1.

Describe the need for the project along with the rationale for selecting the applied for project over these other possible options.

 

 

2.

Describe and justify the selection of the proposed route and site including a comparison of the options evaluated using appropriate selection criteria.

 

 

3.

Describe the rationale for the chosen design and construction methods. Where appropriate, describe any alternative designs and methods evaluated and explain why these other options were eliminated.

 

 

4.2.3 Justification

1.

Provide a justification for the proposed project

 

 

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Guide A – A.1 Engineering

Guide A – A.1 Engineering

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

A.1.1 Engineering Design Details

1.

Fluid type and chemical composition.

 

 

2.

Line pipe specifications.

 

 

3.

Pigging facilities specifications.

 

 

4.

Compressor or pump facilities specifications.

 

 

5.

Pressure regulating or metering facilities specifications.

 

 

6.

Liquid tank specifications or other commodity storage facilities.

 

 

7.

New control system facilities specifications.

 

 

8.

Gas processing, sulphur or LNG plant facilities specifications.

 

 

9.

Technical description of other facilities not mentioned above.

 

 

10.

Building dimensions and uses.

 

 

11.

If project is a new system that is a critical source of energy supply, a description of the impact to the new system capabilities following loss of critical component.

 

 

A.1.2 Engineering Design Principles

1.

Confirmation project activities will follow the requirements of the latest version of CSA Z662.

 

 

2.

Provide a statement indicating which Annex is being used and for what purpose.

 

 

3.

Statement confirming compliance with OPR or PPR.

 

 

4.

Listing of all primary codes and standards, including version and date of issue.

 

 

5.

Confirmation that the project will comply with company manuals and confirm manuals comply with OPR/PPR and codes and standards.

 

 

6.

Any portion of the project a non-hydrocarbon commodity pipeline system? Provide a QA program to ensure the materials are appropriate for their intended service.

 

 

7.

If facility subject to conditions not addressed in CSA Z662:

  • written statement by qualified professional engineer; and
  • description of the designs and measures required to safeguard the pipeline.

 

 

8.

If directional drilling involved:

  • preliminary feasibility report; and
  • description of the contingency plan.

 

 

9.

If new materials are involved, provide material supply chain information, in tabular format.

 

 

10.

If reuse of material is involved, provide an engineering assessment in accordance with CSA Z662 that indicates its suitability for the intended service.

 

 

A.1.3 Canadian Energy Regulator Onshore Pipeline Regulations

1.

Designs, specifications programs, manuals, procedures, measures or plans for which no standard is set out in the OPR or PPR.

 

 

2.

A quality assurance program if project non-routine or incorporates unique challenges due to geographical location.

 

 

3.

If welding performed on a liquid-filled pipeline that has a carbon equivalent of 0.50% or greater and is a permanent installation:

  • welding specifications and procedures; and
  • results of procedure qualification tests.

 

 

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Guide A – A.2 Environment and Socio-economic Assessment

Guide A – A.2 Environment and Socio-economic Assessment

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

A.2.5 Description of the Environmental and Socio-economic Setting

1.

Identify and describe the current biophysical and socio-economic setting of each element (i.e., baseline information) in the area where the project is to be carried out.

 

 

2.

Describe which biophysical or socio-economic elements in the study area are of ecological, economic or human importance and require more detailed analysis taking into account the results of engagement (see Table A-1 for examples). Where circumstances require more detailed information in an ESA, see:

  • Table A-2: Filing Requirements for Biophysical Elements; or
  • Table A-3: Filing Requirements for Socio-economic Elements.

 

 

3.

Provide supporting evidence (e.g., references to scientific literature, field studies, local and Indigenous knowledge, previous environmental assessment and monitoring reports) for:

  • information and data collected;
  • analysis completed;
  • conclusions reached; and
  • the extent of professional judgment or experience relied upon in meeting these information requirements, and the rationale for that extent of reliance.

 

 

4.

Describe and substantiate the methods used for any surveys, such as those pertaining to wildlife, fisheries, plants, species at risk or species of special status, soils, heritage resources or traditional land use, and for establishing the baseline setting for the atmospheric and acoustic environment.

 

 

5.

Applicants must consult with other expert federal, provincial or territorial departments and other relevant authorities on requirements for baseline information and methods.

 

 

A.2.6 Effects Assessment

A.2.6.1 Identification and Analysis of Effects

1.

Describe the methods used to predict the effects of the project on the biophysical and socio-economic elements, and the effects of the environment on the project.

 

 

2.

Predict the effects associated with the proposed project, including those that could be caused by construction, operations, decommissioning or abandonment, as well as accidents and malfunctions. Also include effects the environment could have on the project. For those biophysical and socio-economic elements or their valued components that require further analysis (see Table A-1), provide the detailed information outlined in Table A-2 and Table A-3.

 

 

A.2.6.2 Mitigation Measures for Effects

1.

Describe the standard and project specific mitigation measures and their adequacy for addressing the project effects, or clearly reference specific sections of company manuals that provide mitigation measures. Ensure that referenced manuals are current and filed with the CER.

 

 

2.

Ensure that commitments about mitigative measures will be communicated to field staff for implementation through an Environmental Protection Plan (EPP).

 

 

3.

Describe plans and measures to address potential effects of accidents and malfunctions during construction and operation of the project.

 

 

A.2.6.3 Evaluation of Significance

1.

After taking into account any appropriate mitigation measures, identify any remaining residual effects from the project.

 

 

2.

Describe the methods and criteria used to determine the significance of adverse effects, including defining the point at which any particular effect on a valued component is considered “significant”.

 

 

3.

Evaluate the significance of residual adverse environmental and socio-economic effects against the defined criteria.

 

 

4.

Evaluate the likelihood of significant residual adverse environmental and socio-economic effects occurring and substantiate the conclusions made.

 

 

A.2.7 Cumulative Effects Assessment

A.2.7.1 Scoping and Analysis of Cumulative Effects

1.

Identify the valued components for which residual effects are predicted, and describe and justify the methods used to predict any residual effects.

 

 

2.

For each valued component where residual effects have been identified, describe and justify the spatial and temporal boundaries used to assess the potential cumulative effects.

 

 

3.

Identify other physical works or activities that have been or will be carried out within the identified spatial and temporal boundaries for the cumulative effects assessment.

 

 

4.

Identify whether the effects of those physical works or activities that have been or will be carried out would be likely to produce effects on the valued components within the identified spatial and temporal boundaries.

 

 

5.

Where other physical works or activities may affect the valued components for which residual effects from the applicant’s proposed project are predicted, continue the cumulative effects assessment, as follows:

  • consider the various components, phases and activities associated with the applicant’s project that could interact with other physical work or activities;
  • provide a description of the extent of the cumulative effects on valued components; and.
  • where professional knowledge or experience is cited, explain the extent to which professional knowledge or experience was relied upon and justify how the resulting conclusions or decisions were reached.

 

 

A.2.7.2 Mitigation Measures for Cumulative Effects

1.

Describe the general and specific mitigation measures, beyond project-specific mitigation already considered,that are technically and economically feasible to address any cumulative effects.

 

 

A.2.7.3 Applicant’s Evaluation of Significance of Cumulative Effects

1.

After taking into account any appropriate mitigation measures for cumulative effects, identify any remaining residual cumulative effects.

 

 

2.

Describe the methods and criteria used to determine the significance of remaining adverse cumulative effects, including defining the point at which each identified cumulative effect on a valued component is considered “significant”.

 

 

3.

Evaluate the significance of adverse residual cumulative effects against the defined criteria.

 

 

4.

Evaluate the likelihood of significant, residual adverse cumulative environmental and socio-economic effects occurring and substantiate the conclusions made.

 

 

A.2.8 Inspection, Monitoring and Follow-up

1.

Describe inspections plans to ensure compliance with biophysical and socio-economic commitments, consistent with sections 48, 53, and 54 of the OPR.

 

 

2.

Describe the surveillance and monitoring program for the protection of the pipeline, the public and the environment, as required by section 39 of the OPR.

 

 

3.

Consider any particular elements in the Application that are of greater concern and evaluate the need for a more in-depth monitoring program for those elements.

 

 

Table A-1: Circumstances and Interactions Requiring Detailed Biophysical and Socio-economic Information

Physical & meteorological environment

 

 

Soil and soil productivity

 

 

Vegetation

 

 

Water quality and quantity

 

 

Fish and fish habitat, including any Fisheries Act Authorization offsetting measures required

 

 

Wetlands

 

 

Wildlife and wildlife habitat

 

 

Species at Risk or Species of Special Status and related habitat

 

 

Air emissions

 

 

Greenhouse gas (GHG) emissions and climate change

 

 

Acoustic environment

 

 

Human occupancy and resource use

 

 

Heritage resources

 

 

Navigation and navigation safety

 

 

Traditional land and resource use

 

 

Social and cultural well-being

 

 

Human health and aesthetics

 

 

Infrastructure and services

 

 

Employment and economy

 

 

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Guide A – A.3 Economics and Financing

Guide A – A.3 Economics and Financing

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

A.3.1 Supply

1.

A description of each product to be transported (e.g., crude oil, natural gas, or NGL).

 

 

2.

A discussion of all potential supply sources and their competitiveness in the markets they will supply.

 

 

3.

A forecast of the productive capacity for each product over the economic life of the facilities.

 

 

4.

For pipelines with contracted capacity, a discussion of the contractual arrangements underpinning the supply.

 

 

A.3.2 Transportation Matters

Pipeline Capacity

1.

In the case of expansion provide:

  • pipeline capacity before and after and size of increment; and
  • justification that size of expansion is appropriate.

 

 

2.

In case of new pipeline, justification that size of expansion is appropriate given available supply.

 

 

Throughput

1.

For pipelines with contracted capacity, information on contractual arrangements.

 

 

2.

For non-contract carrier pipelines, forecast of annual throughput volumes by commodity type, receipt location and delivery destination over facility life.

 

 

3.

If project results in an increase in throughput:

  • theoretical and sustainable capabilities of the existing and proposed facilities versus the forecasted requirements; and
  • flow formulae and flow calculations used to determine the capabilities of the proposed facilities and the underlying assumptions and parameters.

 

 

4.

If more than one type of commodity transported, a discussion pertaining to segregation of commodities including potential contamination issues or cost impacts.

 

 

A.3.3 Markets

1.

An analysis of the market in which each product is expected to be used or consumed.

 

 

2.

A discussion of the physical capability of upstream and downstream facilities to accept the incremental volumes that would be delivered.

 

 

3.

An indication of whether the proposed pipeline relies on, or joins with, any other proposed facilities or facilities which have been approved but not yet brought into service.

 

 

A.3.4 Financing and Financial Resources

1.

Evidence that the applicant has the ability to finance the proposed facilities.

 

 

2.

Evidence that the applicant can manage the potential costs associated with the risks and liabilities that arise during construction and operation, including an incident that harms people or the environment.

 

 

3.

Estimated toll impact for the first full year that facilities are expected to be in service.

 

 

4.

Confirmation that shippers have been apprised of the project and toll impact, their concerns and plans to address them.

 

 

5.

Information on abandonment costs and the set-aside and collection of them.

 

 

6.

Additional toll details for applications with significant toll impacts.

 

 

A.3.5 Non-CER Regulatory Approvals

1.

Confirm that all non-CER regulatory approvals required to allow the applicant to meet its construction schedule, planned in-service date and to allow the facilities to be used and useful are or will be in place.

 

 

2.

If any of the approvals referred to in #1 may be delayed, describe the status of those approval(s) and provide an estimation of when the approval is anticipated.

 

 

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Guide A – A.4 Lands Information

Guide A – A.4 Lands Information

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

A.4.1 Land Areas

1.

Width of right of way and locations of any changes to width.

 

 

2.

Locations and dimensions of known temporary work space and drawings of typical dimensions.

 

 

3.

Locations and dimensions of any new lands for facilities.

 

 

A.4.2 Land Rights

1.

Provide a description of the type of land rights proposed to be acquired for the project and related facilities.

 

 

2.

Provide a description of the nature and relative proportions of land ownership along the proposed route (i.e., freehold, Crown or public lands).

 

 

3.

Where no new land rights are required, provide a description of the existing land rights that allow for the project.

 

 

A.4.3 Lands Acquisition Process

1.

The process for acquiring lands.

 

 

2.

The timing of acquisition and current status.

 

 

3.

The status of service of section 322 notices.

 

 

A.4.4 Land Acquisition Agreements

1.

A sample copy of each form of agreement proposed to be used pursuant to subsection 321(2) of the CER Act.

 

 

2.

A sample copy of any proposed fee simple, work space, access or other land agreement.

 

 

A.4.5 Section 322 Notices

1.

A sample copy of the notice proposed to be served on all landowners pursuant to subsection 322(1) of the CER Act.

 

 

A.4.6 Section 214 Application to Address a Complaint

1.

A statement that the purpose of the work or construction proposed by the application is in response to a complaint that has been filed with the CER; the name and location of the complainant; the nature and date of the complaint; and how the activities proposed within the section 214 application will address the complaint.

 

 

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Guide B – Abandonment

Guide B – Abandonment

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

B.1 Funding for Abandonment

B.1.1 Cost Estimates

1.

Companies are required to file their Abandonment Cost Estimates (ACE) for the Commission’s approval. Companies must include Tables A-1 through A-4 from the National Energy Board’s letter dated 4 March 2010, along with a description of the methodology and assumptions used to estimate costs.

 

 

B.1.2 Protection of Funds

1.

Pipeline companies are required to have a set-aside mechanism in place that will provide adequate funds to pay for pipeline abandonment. The set-aside mechanism must be filed with the CER and approved by the Commission. There are specific filing requirements for a trust, a letter of credit, or a surety bond, specified in sections B.1.2.1 to B.1.2.3.

 

 

B.1.3 Regular Reporting

1.

All companies must file an annual update with respect to abandonment funding, using the most recent applicable form.

 

 

B.2 Applications to Abandon (CER Act subsection 241(1) and OPR section 50)

B.2.1 Notice of Proposed Abandonment

1.

The applicant must confirm that it will serve the Notice of Proposed Abandonment within 72 hours of filing the application with the CER. This confirmation must include a list of the Indigenous Peoples who will be served the notice.

 

 

2.

The applicant must also confirm the name of the publication and anticipated date of publication of the notice.

 

 

B.2.2 Application to Abandon a Pipeline

General

1.

A complete description of the pipeline(s) and facility(ies) being abandoned. For pipelines, this must include, but not be limited to, the history of products carried, length, diameter, wall thickness and coating type. Companies should consider any other information that is relevant to the pipeline(s) and facility(ies), and its operation that would assist the Commission in assessing the abandonment application.

 

 

2.

Reasons for abandonment of operation of the pipeline and facility(ies). See section 3.2 and section 3.5 of this manual.

 

 

3.

Appropriately scaled map(s) or site plan(s) which shows the locations and dimensions of the pipeline right of way and the facility(ies) to be abandoned.

 

 

4.

The digital location data of pipeline segment(s) and facility(ies) to be abandoned. The data should accurately represent the location of pipeline segments and right-of-way, or facility footprint and it can be derived from any available sources.

 

 

5.

A description of known temporary work space required for abandonment activities, including location and dimensions.

 

 

6.

Photomosaic maps or alignment sheet(s) which show the pipeline right of way and facility(ies) overlain on satellite or aerial imagery and any areas of temporary work space. If not available, provide photographs showing the pipeline right of way and facility(ies).

 

 

7.

An explanation of the abandonment method options (abandonment in-place, removal, segmentation, fill) considered, and rationale for the chosen option(s), including how factors such as current and future land use, safety, effects on the rights of Indigenous Peoples, how individuals and communities may be affected by the proposed abandonment, property, land acquisition or lease agreements, impacted and potentially impacted engineered structures , environment and economics were identified, considered and managed.

 

 

8.

A description of the proposed activities to be carried out to abandon the pipeline and facility(ies).

 

 

9.

Proposed schedule for the various abandonment activities to be conducted, including any reclamation, to be conducted.

 

 

10.

A monitoring plan which describes the type, frequency and duration of monitoring to be conducted for the pipeline(s) and facility(ies) that will remain in place. This plan should include considerations for maintaining depth of cover and potential environmental and socio-economic risks of the abandoned pipeline remaining in-place (e.g., water conduit, subsidence and pipe exposure), as informed by the company’s environmental and socio-economic assessment and engagement activities.

 

 

Engineering

1.

For pipeline(s) and facility(ies) to be abandoned in place or removed, confirmation that the abandonment activities will follow the requirements of the latest version of CSA Z662.

 

 

2.

For the pipeline(s) to be decommissioned, confirm the following, and provide an explanation of how the results were/will-be achieved and maintained:

  • no internal pressure remaining;
  • purged and cleaned and left in a state of minimal residual contamination, including the pipe cleaning plans, procedures or standards to be used;
  • left in a state where road, railway or utility crossings are not at significant and unmanaged risk of disturbance due to settlement;
  • equipped with signage;
  • a description of the fill material to be used for railway and road crossings, if applicable (abandonment in place with special treatment), including where along the pipeline fill material will be used and why; and
  • a description of the potential soil subsidence, pipe exposure, water conduit, corrosion, and pipe collapse effects for pipelines to be abandoned in place, including anticipated duration to failure, and a plan to monitor these potential effects.

 

 

3.

In the event that cathodic protection is not maintained, identify and justify if ground bed anodes will be removed or left in place.

 

 

4.

Confirmation that abandonment activities and the abandoned pipeline will not impact engineered structures (e,g., roads, utilities, infrastructure, drainage, modified slopes, foundations).

 

 

Environmental and Socio-economic Assessment

1.

Describe the biophysical and socio-economic setting found at the project location. The description should indicate whether or not the proposed abandonment is located on federal lands.

 

 

2.

For pipelines to be abandoned, use Table B-1 of this guide:

  1. Categorize the pipeline right of way by land use (for example, agricultural lands, forested lands, native prairie, developed lands, wetlands, watercourse crossings). If any known or reasonably foreseeable development is anticipated for any part of the right of way, include these areas in the table; and
  2. For each land-use segment of the pipeline, provide a high-level assessment of the potential short-term and long-term environmental and socio-economic effects on each valued environmental and socio-economic component that may result from the pipeline being abandoned in place and/or removed, regardless of the preferred abandonment method.

 

 

3.

For the preferred abandonment method(s), complete the environmental and socio-economic interactions table (see Table B-2 of this guide), or provide an environmental and socio-economic assessment.

 

 

4.

Provide a copy of the Phase I Environmental Site Assessment conducted for the pipeline right of way and associated facility(ies), as per the guidance in the most recent version of CSA Standard Z768. The Phase I Environmental Site Assessment should identify all areas of existing and/or potential contamination, and include an evaluation of the status of any existing contamination currently documented or contamination previously remediated. Provide a list of previously reported contaminated sites within the pipeline right of way and associated facility(ies), including CER-assigned Remediation Event Number(s).

 

 

5.

If the results of the Phase I Environmental Site Assessment indicate that a Phase II Environmental Site Assessment is warranted, provide a copy of a Phase II plan that describes the procedures to be implemented for investigating all existing and/or potential contamination identified in the Phase I assessment, including sampling methodology. The Phase II assessment should be conducted per the guidance provided in the most recent version of CSA Standard Z769-00, Phase II Environmental Site Assessment.

 

 

6.

Provide an Environmental Protection Plan (EPP), or a description of the environmental protection procedures, mitigation measures, and commitments that will be implemented during the abandonment activities, including remediation, reclamation, and reclamation activities monitoring, to avoid or minimize potential adverse environmental and socio-economic effects. The level and detail of information should be commensurate with the nature and scale of the project.

 

 

7.

Describe the desired goal(s) for reclamation, including restoration (where applicable), for the entire length and width of the pipeline right of way and facility sites (not just limited to the disturbance sites), and provide a plan for how the environment will be reclaimed to achieve the desired goal(s).

 

 

8.

Provide a preliminary Reclamation Monitoring Plan which describes the reclamation/restoration parameters to be monitored, the criteria that will be used to monitor the success of those parameters, and the monitoring methods that will be used. Describe the criteria for when adaptive or corrective actions will be implemented, and provide a schedule of when monitoring will be conducted and the results reported to the CER.

 

 

Engagement

1.

Provide a summary of the engagement activities undertaken with individuals and communities, which may be affected by the proposed abandonment including:

  • landowners;
  • land users;
  • Indigenous Peoples;
  • occupants;
  • land managers (Crown);
  • federal, provincial or municipal agencies or levels of government;
  • shippers; and
  • other commercial third parties who could be affected by the project, including prospective future shippers.
  • The summary of engagement should include, at minimum:
    • a description of any issues or concerns for each abandonment method(s) identified;
    • how input from the engagement activities was considered in determining the proposed abandonment method(s);
    • how input from the engagement activities was considered in the development of the applicant’s preliminary reclamation plan;
    • a description of how the applicant has addressed or will address any concerns or issues raised and when;
    • a description of any concerns or issues raised that will not be addressed and why; and
    • a description of any outstanding concerns, including how the applicant intends to address any outstanding concerns, or an explanation as to why no further steps will be taken.

 

 

2.

Provide any details of consultation undertaken for developing reclamation and abandoned pipeline monitoring plans.

 

 

Lands

1.

Describe any land rights proposed to be acquired for the abandonment, including the location and dimensions of the land rights that have not already been acquired or leased (for example, temporary work space). Provide a description (for example in a table) of the land tenure along the right of way, including the approximate length of the pipeline segments that are located respectively along freehold, Federal or Provincial Crown land. For a description of types of land rights, refer to section A.4 of this manual.

 

 

2.

If any land acquisition or lease agreements will be disposed;

  1. identify the locations where land acquisition or lease agreements will be disposed
  2. identify the proposed timing of disposition and process to notify landowners; and,
  3. describe the process available to the landowner should subsequent land issues or concerns arise following the abandonment of the facility and disposition of the easement.

 

 

Economics and Finance

1.

Provide details of the estimated costs associated with the proposed abandonment, including details of any estimated costs for maintenance and monitoring, as well as contingency funds for unforeseen events, of any pipelines abandoned in place.

 

 

2.

Confirm that funding is and will be available to finance the proposed abandonment project, and indicate how the proposed abandonment project will be funded (through the trust, tolls or other).

  1. If funding is through the abandonment trust, indicate whether applying to access the abandonment trust in this application or in a subsequent application.
    1. If applying to access the abandonment trust to pay for the abandonment activities in this application, provide the information required for accessing a trust found in section B.3.
  2. Explain how funding will be available for both monitoring and in the event of any unforeseen events.

 

 

3.

Indicate whether any service would be terminated as a result of the proposed abandonment. If an existing or prospective future commercial party or other user could be negatively impacted by the termination of service, provide evidence that:

  1. the Company has been responsive to the needs, inputs, and concerns of commercial parties or other users;
  2. the estimated relative impacts to all parties from the abandonment of the facilities versus continuation of service have been considered;
  3. alternatives to the abandonment of the facilities were considered (including physical and tolling alternatives) and that abandonment is the optimal outcome; and
  4. impacted parties will be able to wait until after the Commission issues its decision on the application to make any potentially costly, irreversible choices necessary to continue their business operations after any approved abandonment activities have begun. If this is not the case, provide evidence justifying why not.

 

 

4.

Provide the original book cost of the facilities and accumulated depreciation to the retirement date.

  1. Describe whether the retirement is ordinary or extraordinary.
  2. Explain any impact on remaining rate base, providing accounting details as outlined in the Gas Pipeline Uniform Accounting Regulations (GPUAR) or Oil Pipeline Uniform Accounting Regulations (OPUAR).

 

 

5.

Provide, along with supporting documentation, any relevant exemptions the Applicant has been granted by the Commission with respect to 3 or 4 above.

 

 

B.3 Applications to Access Funds from the Trust to Fund Abandonment

1.

Provide a justification for requesting access to funds from the trust. Include:

  1. In the case of decommissioning or deactivation activities:
    1. why other revenue is not sufficient to undertake the work;
    2. the impact on future tolls or abandonment surcharges, relative to other funding options; and
  2. Any impacts on the abandonment cost estimate and annual contribution amount from removing funds for end of life work.

 

 

2.

Provide the actual costs of the project, broken down by cost category and abandonment activity, as reflected in Table A-3 and Table A-4 of the MH-001-2012 Reasons for Decision or reasonable alternative, explaining how the alternative reflects the cost categories of Table A-3 and Table A-4. In addition, provide a justification for not using Table A-3 and Table A-4.

 

 

3.

Describe the accounting treatment that will be used for net salvage (salvage value less end of life costs), if any, and any associated impacts on rate base.

 

 

4.

Provide an explanation of the impact on the coverage for other future costs of remaining activities needed to complete abandonment.

 

 

5.

If there has been changes to a previously filed abandonment funding plan, or if an abandonment funding plan has not been previously filed, provide an abandonment funding plan, which includes:

  1. Preliminary timelines for abandonment activities;
  2. Preliminary plans for drawing on the funds, including cash needs;
  3. A preliminary forecast of the annual balance of funds to be set aside each year; and
  4. In circumstances where abandonment activities are not anticipated prior to the end of the collection period, adequate market information to justify the use of the same collection period for all components of the system.

 

 

6.

If the costs were for decommissioning activities, confirm that the activities done during decommissioning will not need to be repeated at time of abandonment and therefore the costs that have been incurred will not need to be repeated.

 

 

7.

If the decommissioning/abandonment activities are completed, provide all relevant approvals for those activities.

 

 

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Guide C – Protection of Pipelines from Ground Disturbance, Facility Construction, Crossings and Mining Operations (CER Act section 335 and section 338)

Guide C – Protection of Pipelines from Ground Disturbance, Facility Construction, Crossings and Mining Operations (CER Act section 335 and section 338)

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

C.1 Ground Disturbance, Facility Construction and Crossings Near Pipelines (CER Act section 335,
Canadian Energy Regulator Damage Prevention Regulations – Authorizations)

1.

For an application to construct a facility across, on, along or under a pipeline:

  • purpose and location of the proposed facility;
  • description of the proposed facility; and
  • rationale for seeking approval from the Commission.

 

 

2.

For an application to conduct an activity causing a ground disturbance in the prescribed area (a strip of land measured 30 m perpendicularly on each side from the centre line of the pipe):

  • purpose and location of the activity;
  • description of the activity(s) resulting in a ground disturbance; and
  • rationale for seeking approval from the Commission.

 

 

3.

ESA (environmental and socio-economic assessment)

 

 

4.

For an application to operate a vehicle or mobile equipment across a pipeline:

  • purpose and location of the activity;
  • description of the vehicle and/or equipment; and
  • rationale for seeking approval from the Commission.

 

 

5.

For an application to direct the owner of a facility to reconstruct, alter or remove the facility:

  • purpose and location of the facility;
  • purpose for the reconstruction, alteration or removal of the facility; and
  • rationale for seeking approval from the Commission.

 

 

C.2 Protection of Pipelines from Mining Operations (CER Act section 338)

1.

Plan and profile for the portion of the pipeline affected.

 

 

2.

ESA (or environmental and socio-economic assessment)

 

 

3.

Information and details respecting proposed operations:

  • project title and contact information for company, contractors and subcontractors;
  • name and contact information of the pipeline company;
  • legal description of the lands to be affected;
  • map indicating the location of the pipeline; and
  • statement certifying that the pipeline company and the CER will be contacted at least 72 hours prior to conducting the project.

 

 

4.

If crossing a pipeline:

  • proposed crossing date; and
  • evidence that an approved crossing agreement is in place.

 

 

5.

If the application is for a seismic program or involves explosives:

  • type of seismic program;
  • plat of the seismic program;
  • identify the source;
  • size of the dynamite charge; and
  • confirmation that the program will be conducted in accordance with all applicable regulations.

 

 

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Guide D – Deviations

Guide D – Deviations

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

D.1 Lands

1.

Order number and date of the approval of original PPBoRs.

 

 

2.

PPBoR drawing showing approved route and proposed deviation.

 

 

3.

PPBoR drawing showing location of the proposed deviated, changed or altered route.

 

 

4.

Starting and ending points of the deviation.

 

 

5.

Map indicating location of deviation in relation to approved detailed route and certificated route.

 

 

6.

Description of any new lands required including status of acquisition and service of subsection 322(1) notices.

 

 

7.

Concerns expressed by landowners affected, how the company proposes to address concerns and date response provided or evidence that the affected landowners consent.

 

 

8.

For an exemption from the provisions of section 211:

  • order number and date of the approval of original PPBoRs;
  • starting and ending points of the deviation;
  • maximum distance of deviation from centre line;
  • PPBoR drawing showing approved route and proposed deviation;
  • map indicating location of deviation in relation to approved detailed route and certificated route;
  • description of any new lands required;
  • concerns expressed by landowners affected, how the company proposes to address concerns and date response provided; and
  • evidence that the affected landowners consent.

 

 

D.2 Environment and Socio-economic Assessment

1.

How the effects have been considered in an ESA by the Commission.

 

 

2.

If the environmental and socio-economic effects have not been addressed, provide requirements in section A.2.

 

 

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Guide E – Change in Class Locations

Guide E – Change in Class Locations

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

E.1 Primary Assessment

1.

Identification of changes in circumstances that have occurred and resulted in the change of class location, including:

  1. maps of current and previous circumstances in a large enough scale to clearly indicate the following on the map:
    1. north arrow;
    2. scale indicated and scale bar;
    3. reasons for the change in class location;
    4. location and type of any crossings;
    5. location and spacing of valves;
    6. class location assessment area;
    7. area of potential impact;
  2. description of development within class location assessment area, including number and type of dwelling units, outside areas or buildings as described in CSA Z662 for class location designations;
  3. the date or, if not available, the most likely date of the class location change event.

 

 

2.

Requirements of CSA Z662 for a change of class location, including, as applicable:

  1. design factor or location factor, as applicable:
    1. effect of the new location factor(s) on design pressure and hoop stress used in stress analyses for any location on the affected pipeline segment, including road and railway crossings;
  2. valve spacing;
  3. depth of cover (DOC) (comparison of minimum requirements versus actual DOC);
    1. results and source of most recent DOC measurements;
  4. pressure testing;
  5. evaluation and repair of imperfections as specified in CSA Z662:
    1. report the presence of incomplete records or no records of assessed/repaired imperfections on the affected segment of the pipeline;
    2. clarify if a pipeline segment has been inspected with in-line inspection (ILI) tools. Report the latest dates and types of in-line inspection tools used, if applicable;
    3. report integrity assessment methods other than in-line inspections (e.g., above-ground surveys, integrity excavations, etc.);
    4. when pressure testing is performed as an integrity assessment, report the date of the final pressure test and the hoop stress at the test pressure as a percentage of the specified minimum yield strength.

 

 

3.

Design and operating conditions of the pipeline system, including service fluid, design operating stress, maximum operating pressure (MOP), joint and temperature factors, and the presence of potential geohazards:

  1. report if the pipeline segment is under a regulatory or self-imposed operating pressure restriction.

 

 

4.

Material and pipeline properties, including in-service year, seam weld type, outside diameter, wall thickness, specified grade, yield strength, tensile strength, and toughness, and how the material properties were obtained.

 

 

5.

Coating type and condition of the coating applied to the pipeline body, girth welds, and repairs:

  1. report the source of the coating information, which may be inferred from specifications, construction records, and indirect inspection (e.g., ILI, electromagnetic acoustic transducer (EMAT) inspection, above-ground inspections (e.g., direct current voltage gradient (DCVG), alternating current voltage gradient (ACVG), alternating current coating attenuation (ACCA), etc.)), and excavation results.

 

 

6.

Level of cathodic protection (CP):

  1. report the date of the last potential survey (e.g., test lead survey, closed interval survey (CIS), etc.).

 

 

7.

Confirmation that girth welds of the affected segment of the pipeline were subjected to 100% Non-Destructive Examination (NDE).

 

 

8.

The damage prevention activities at the location of the pipeline segment subject to the increase in class location (e.g., additional signage, slabs, patrol frequency, etc.).

 

 

9.

The presence of a school, hospital, day home, assisted living facility, prison, or other facilities that may be difficult to rapidly evacuate and/or where evacuation from such facility can only be achieved by entering the areas of potential impact.

 

 

10.

Failure history of the valve section containing the affected segment of the pipeline.

 

 

E.2 Determining the Suitability for Continued Service

Filing Requirements for a Valve Spacing Analysis

1.

A listing of the upstream and downstream sectionalizing valves, including a map that shows the spacing of the valves;

 

 

2.

A listing and a schematic of the current configuration of the branches, cross-overs, risers and other piping that feed service fluid between the two sectionalizing valves, including:

  1. confirmation that the additional feed from each source is accounted for in the calculation of the blowdown volumes;
  2. details on the cross-over valve assembly;
  3. normal operating settings for each of the valves (e.g., normally closed or open);

 

 

3.

Information on both 1 and 2, including:

  1. valve mechanism (remote, automatic or manual);
  2. clarification whether valves are equipped with emergency shutdown mechanisms;
  3. valve maintenance frequency;

 

 

4.

A risk analysis that demonstrates that the risks of the pipeline at the existing valve spacing are equal to or lower than the risks of the pipeline at a valve spacing that meets the requirement of CSA Z662-19 Clause 4.4 for the changed class location.

 

 

Filing Requirements for an Engineering Assessment

1.

Primary assessment (as described in E.1);

 

 

2.

The EA must meet CSA Z662 requirements for engineering assessments of existing pipelines, including, as applicable:

  1. manufacturing process and installation method;
  2. construction and testing specifications;
  3. the physical configuration and constraints of the affected section of the pipeline that is the subject of the engineering assessment;
  4. condition of the piping, including types of imperfections, dimensions, and dimensional uncertainty;
  5. mechanism or mode of imperfection formation, growth, and failure;
  6. service, operating, failure, and maintenance history, including a CP effectiveness evaluation;
  7. appropriateness of repair methods used;
  8. consideration of combined stresses, for example:
    1. where existing pipelines are crossed by roads or railways, upgrade the pipelines to meet the applicable design requirements for the new class location or perform a detailed analysis of all loads expected to be imposed on the pipeline during operation of the crossing. Consider the condition of the pipeline when determining the resulting combined stresses in the pipeline. Consider fatigue stress or fluctuating stress if heavy equipment crosses the pipeline at high frequencies.

 

 

3.

A comprehensive hazard identification and assessment is required with regard to the condition of the piping, performed by a professional engineer who is competent in assessing the hazard, considering as applicable:

  1. corrosion (e.g., external, internal, microbiologically influenced corrosion (MIC), alternating current induced corrosion, etc.):
    1. apply additional coating inspection and testing if the information of the coating condition of the pipe body and girth weld is lacking;
    2. perform additional coating assessment or apply additional safety measures depending on how effectively the coating protects the pipe or depending on the probability that it may support the presence of a corrosive environment on the pipe;
  2. cracking (e.g., environmentally-assisted, fatigue, etc.);
  3. mechanical damage (e.g., dents, wrinkles, buckles, and gouges):
    1. visually inspect all dents on the top half of the pipe (8 o’clock to 4 o’clock) and all dents with a length to depth ratio less than 20 for cracks, gouges, corrosion, and interaction with welds unless the company can demonstrate the absence of stress concentrators and interactions with welds;
  4. geohazards (e.g., soil movement, seismically-triggered hazards, scour, erosion);
  5. manufacturing and construction-related imperfections (e.g., imperfections in welds, in the pipe, or imperfections of pipeline components);
  6. equipment malfunction (e.g., malfunction of control or relief equipment as a result of ice formation in cold weather);
  7. incorrect operation (e.g., overpressure, incorrect operating procedures, introduction of out of specifications fluids);
  8. potential stresses as a result of thermal expansion or contraction;
  9. material-related issues (e.g., low toughness);
  10. interaction of identified hazards.

 

 

4.

Consider the potential for collateral damage to pipelines or other buried facilities caused by the failure of adjacent pipelines (e.g., thermal radiation causing coating damage or reducing the strength of adjacent pipe).

 

 

5.

Submit a risk assessment that identifies and quantitatively demonstrates that the risks of the existing pipeline are equal to or lower than the risks of a pipeline that is at least at the DOC of the existing pipeline and meets all the requirements of the OPR and CSA Z662 (e.g., such a pipeline may have a heavier wall, be constructed of a higher grade, or may be operating at a lower pressure). Examples of quantitative risks for gas pipelines are individual and societal risks. Include the following information in the risk assessment:

  1. a reliability or probability of failure (POF) assessment that includes:
    1. all identified hazards and potential interactions;
    2. the source of failure probabilities (i.e., references) used in the assessment, where the methodology is representative and specified;
    3. long-term plan on maintaining the reliability of the POF level;
  2. a consequence analysis and results:
    1. for HVP and sour service pipelines, consider the potential effects of fire and the potential effects of drifting hazardous gas mixtures beyond the area of potential impact prior to ignition;
  3. identification of long-term mitigative measures that the company identifies as necessary to achieve an acceptable risk level:
    1. document the evidence supporting the effectiveness of the mitigation methods and measures considered and proposed, and provide this with the EA.

 

 

E.3 Long-term and Interim Corrective and Mitigative Measures

1.

Provide a description of long term corrective and mitigative measures and an implementation plan with timeline for completion, where applicable, to address the identified potential concerns. Implement long-term corrective and mitigative measures as soon as practicable.

 

 

2.

Provide a description of interim corrective and mitigative measures taken until the requirements of CSA Z662 are met, or long-term mitigative measures are implemented. Implement interim corrective and mitigative measures as soon as practicable. Include:

  1. explanations as to why each interim measure was determined to be appropriate to ensure continued safe operation until the completion of the long-term corrective and mitigative measures;
  2. confirmation that each recommended interim measure was implemented, and will stay in place until the completion of the identified long-term corrective and mitigative measures:
    1. if a recommended interim measure has not been implemented, provide a plan for implementation;
  3. demonstration that the pipeline segments can be operated safely without any additional interim measures until the completion of the identified long-term corrective and mitigative measures, if no interim measures are recommended.

 

 

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Guide F – Change of Service or Increase in Maximum Operating Pressure

Guide F – Change of Service or Increase in Maximum Operating Pressure

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

F.1 Engineering

1.

Confirm project activities will follow the requirements of the latest version of CSA Z662.

 

 

2.

Provide details of the current and proposed state of service.

 

 

3.

Provide an engineering assessment in accordance with CSA Z662 demonstrating the integrity of the pipeline system and its suitability for the proposed service, and identifying the updates and revisions which will be incorporated into the Integrity Management Program.

 

 

F.2 Environment and Socio-economic Assessment

1.

How the effects have already been considered in an ESA by the Commission.

 

 

2.

If the environmental and socio-economic effects have not been addressed, provide requirements in section A.2.

 

 

F.3 Economics

1.

Necessary economic information in section A.3.

 

 

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Guide G – Deactivation

Guide G – Deactivation

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

G.1 Engineering

1.

Describe the rationale for the deactivation and the measures to be or were employed for the deactivation to maintain the integrity of the pipeline and protect the public and the environment.

 

 

2.

Provide a schedule for the deactivations.

 

 

3.

Describe the activities associated with the deactivations.

 

 

4.

Provide an estimate of the costs associated with the deactivation.

 

 

5.

Confirm project activities will follow the requirements of the latest version of CSA Z662.

 

 

6.

Provide details of the ongoing monitoring of the deactivated pipeline or a section of it to verify that the public and the environment are continually protected.

 

 

G.2 Environment and Socio-economic Assessment

1.

How the environmental and socio-economic effects have already been considered in an ESA by the Commission.

 

 

2.

If the environmental and socio-economic effects have not been addressed, provide requirements in section A.2.

 

 

G.3 Economics

1.

Necessary economic information in section A.3.

 

 

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Guide H – Reactivation

 H – Reactivation

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

H.1 Engineering

1.

Describe the rationale for the reactivation and the measures to be employed for the reactivation.

 

 

2.

Provide a schedule for the reactivations.

 

 

3.

Describe the activities associated with the reactivations.

 

 

4.

Describe the operating conditions under which the reactivated facility will operate.

 

 

5.

Provide an engineering assessment in accordance with CSA Z662 demonstrating the integrity of the pipeline system and its suitability for the proposed service, and identifying the updates and revisions which will be incorporated into the Integrity Management Program.

 

 

6.

Provide an estimate of the costs associated with the reactivations.

 

 

7.

Confirm reactivation activities will follow the requirements of the latest version of CSA Z662.

 

 

H.2 Environment and Socio-economic Assessment

1.

How the effects have already been considered in an ESA by the Commission.

 

 

2.

If the environmental and socio-economic effects have not been addressed, provide requirements in section A.2.

 

 

H.3 Economics

1.

Necessary economic information in s A.3.

 

 

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Guide I – Processing Plants: Deactivation and Reactivation

Guide I – Processing Plants: Deactivation and Reactivation

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

I.1 Filing Requirements – Deactivation

I.1.1 Engineering

1.

Explain the reasons for the deactivation or the cessation of operations and the procedures used or to be used in the deactivation.

 

 

2.

Provide the date the processing plant was or will be removed from service.

 

 

3.

Describe the provisions for the management of change.

 

 

4.

Describe the general condition of equipment to be deactivated.

 

 

5.

Describe the means of isolation.

 

 

6.

Describe the instrumentation status.

 

 

7.

Provide the lay-up conditions.

 

 

8.

Describe the inspection and testing requirements during deactivation.

 

 

9.

Describe the intent of future equipment use, if any.

 

 

I.1.2 Environment and Socio-economic Assessment

1.

How the effects have already been considered in an ESA by the Commission.

 

 

2.

If the environmental and socio-economic effects have not been addressed, provide requirements in s A.2.

 

 

I.1.3 Economics

1.

Necessary economic information in section A.3.

 

 

I.2 Filing Requirements – Reactivation

I.2.1 Engineering

1.

Explain the reasons for the reactivation or the resumption of operations and the procedures to be used in the reactivation.

 

 

2.

Provide the date the processing plant will be returned to service.

 

 

3.

Describe the provisions for the management of change.

 

 

4.

Describe the general condition of equipment to be reactivated.

 

 

5.

Describe the instrumentation status.

 

 

6.

Provide the lay-up conditions.

 

 

7.

Describe the inspection and testing requirements prior to reactivation.

 

 

I.2.2 Environment and Socio-economic Assessment

1.

Describe how the effects have already been considered in an ESA by the Commission.

 

 

2.

If the environmental and socio-economic effects have not been addressed, provide requirements in section A.2.

 

 

I.2.3 Economics

1.

Necessary economic information in section A.3.

 

 

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Guide K – Decommissioning (section 45.1 of the OPR)

Guide K – Decommissioning (section 45.1 of the OPR)

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

K.1 Decommissioning a Pipeline

General

1.

A complete description of the pipeline(s) and facility(ies) being decommissioned. For pipelines, this must include, but not be limited to, the history of products carried, length, diameter, wall thickness and coating type. Companies should consider any other information that is relevant to the pipeline(s) and facility(ies), and its operation that would assist the Commission in assessing the decommissioning application.

 

 

2.

Reasons for decommissioning of the pipeline(s) and facility(ies), including a description of any adjacent pipeline(s) and facility(ies) that are impediments to abandonment. See section 3.2 and section 3.5 of this manual.

 

 

3.

Appropriately scaled map(s) or site plan(s) which shows the locations and dimensions of the pipeline right of way and the facility(ies) to be decommissioned.

 

 

4.

The digital location data of pipeline segment(s) and facility(ies) to be decommissioned. The data should accurately represent the location of pipeline segments and right-of-way, or facility footprint and it can be derived from any available sources.

 

 

5.

A description of known temporary work space required for decommissioning activities, including location and dimensions.

 

 

6.

Photomosaic maps or alignment sheet(s) which show the pipeline right of way and facility(ies) overlain on satellite or aerial imagery and any areas of temporary work space. If not available, provide photographs showing the pipeline right of way and facilities.

 

 

7.

Indicate whether any service would be terminated as a result of the proposed decommissioning. If a commercial party or other user could be negatively impacted by the termination of service, provide evidence that:

  1. the Company has been responsive to the needs, inputs, and concerns of commercial parties or other users;
  2. the estimated relative impacts to all parties from the decommissioning of the facilities versus discontinuation of service have been considered;
  3. alternatives to the decommissioning of the facilities were considered (including physical and tolling alternatives) and that decommissioning is the optimal outcome; and
  4. impacted parties will be able to wait until after the Commission issues its decision on the application to make any potentially costly, irreversible choices necessary to continue their business operations after any approved decommissioning activities have begun. If this is not the case, provide evidence justifying why not.

 

 

8.

An explanation of the decommissioning method options (abandonment in-place, removal, segmentation, fill) considered, and rationale for the chosen option(s), including how factors such as current and future land use, safety, effects on the rights of Indigenous Peoples, how individuals and communities may be affected by the proposed decommissioning, property, land acquisition or lease agreements, impacted and potentially impacted engineered structures, environment and economics were identified, considered and managed.

 

 

9.

A description of the proposed activities to be carried out to decommission the pipeline and facility(ies).

 

 

10.

Proposed schedule for the various decommissioning activities to be conducted, including any reclamation, to be conducted.

 

 

11.

A monitoring plan which describes the type, frequency and duration of monitoring to be conducted for the pipeline(s) and facility(ies) that will remain in place. This plan should include considerations for maintaining depth of cover and potential environmental and socio-economic risks of the decommissioned pipeline remaining in-place (e.g., water conduit, subsidence and pipe exposure), as informed by the company’s environmental and socio-economic assessment and engagement activities.

 

 

12.

Provide the anticipated timing of future abandonment activities for each pipeline and facility being decommissioned, if known.

 

 

Engineering

1.

For the pipeline(s) to be decommissioned, confirm the following, and provide an explanation of how the results were/will-be achieved and maintained:

  • no internal pressure remaining;
  • purged and cleaned and left in a state of minimal residual contamination, including the pipe cleaning plans, procedures or standards to be used;
  • left in a state where road, railway or utility crossings are not at significant and unmanaged risk of disturbance due to settlement;
  • a description of the potential soil subsidence, pipe exposure, water conduit, corrosion, and pipe collapse effects for pipelines to be decommissioned in place, and a plan to monitor these potential effects;
  • equipped with signage; and
  • a description of the fill material, if used, to be used for railway and road crossings, if applicable (abandonment in place with special treatment), including where along the pipeline fill material will be used and why.

 

 

2.

In the event that cathodic protection is not maintained, identify and justify if ground bed anodes will be removed or left in place.

 

 

Environmental and Socio-economic Assessment

1.

Describe the biophysical and socio-economic setting found at the project location. The description should indicate whether or not the proposed decommissioning is located on federal lands.

 

 

2.

For the preferred decommissioning method, complete the environmental and socio-economic interactions table (see Table K-1 of this guide), or provide an environmental and socio-economic assessment.

 

 

3.

Provide a copy of the Phase I Environmental Site Assessment conducted for the pipeline right of way and associated facility(ies), as per the guidance in the most recent version of CSA Standard Z768. The Phase I Environmental Site Assessment should identify all areas of existing and/or potential contamination, and include an evaluation of the status of any existing contamination currently documented or contamination previously remediated. Provide a list of previously reported contaminated sites within the pipeline right of way and associated facility(ies), including CER-assigned Remediation Event Number(s).

 

 

4.

If the results of the Phase I Environmental Site Assessment indicate that a Phase II Environmental Site Assessment is warranted, provide a copy of a Phase II plan that describes the procedures to be implemented for investigating all existing and/or potential contamination identified in the Phase I assessment, including sampling methodology. The Phase II assessment should be conducted per the guidance provided in the most recent version of CSA Standard Z769-00, Phase II Environmental Site Assessment.

 

 

5.

Provide an Environmental Protection Plan (EPP), or a description of the environmental protection procedures, mitigation measures, and commitments that will be implemented during the decommissioning activities, including remediation, reclamation, and reclamation monitoring activities, to avoid or minimize potential adverse environmental and socio-economic effects. The level and detail of information should be commensurate with the nature and scale of the project.

 

 

6.

Provide a monitoring plan outlining how the decommissioned pipeline(s) and facility(ies) will be monitored for the period of time between decommissioning and abandonment.

 

 

Engagement

1.

Provide a summary of the engagement activities undertaken with individuals and communities, which may be affected by the proposed decommissioning, including:

  • landowners;
  • land users;
  • Indigenous Peoples;
  • occupants;
  • land managers (Crown);
  • federal, provincial or municipal agencies or levels of government;
  • shippers; and
  • other commercial third parties who could be affected by the project, including prospective future shippers.
  • The summary of engagement should include, at minimum:
    • a description of any issues or concerns for each decommissioning method(s) identified;
    • how input from the engagement activities was considered in determining the proposed decommissioning method(s);
    • a description of how the applicant has addressed or will address any concerns or issues raised and when;
    • a description of any concerns or issues raised that will not be addressed and why; and
    • a description of any outstanding concerns, including how the applicant intends to address any outstanding concerns, or an explanation as to why no further steps will be taken.

 

 

2.

Provide notice to all individuals and communities which may be affected by the proposed decommissioning of the actual date of application filing, provided within 72 hours of filing the application with the CER, including information where to find the application and associated documents on the CER website.

 

 

3.

Provide a plan describing how consultation with affected individuals and communities will be maintained during the period of time between decommissioning and abandonment.

 

 

Lands

1.

Describe any land rights proposed to be acquired for the decommissioning, including the location and dimensions of the land rights that have not already been acquired or leased (for example, temporary work space). Provide a description (for example in a table) of the land tenure along the right of way, including the approximate length of the pipeline segments that are located respectively along freehold, federal or provincial Crown land. For more information, refer to section A.4 of this manual.

 

 

Economics and Finance

Decommissioning Costs

1.

Describe the methodology and assumptions used to estimate costs. Identify and describe any associated section 183 or 214 applications.

 

 

2.

Provide estimates of average annual future costs for any activities to be done after the decommissioning.

 

 

3.

Explain if and how the estimate to abandon the entire pipeline system has been adjusted for the decommissioning of these facilities, and any related impact to the pipeline system’s total cost estimate for the abandonment of those facilities that remain.

 

 

Liability Exposure

1.

Description of future liabilities including:

  • the type of each liability and an estimate of the associated cost; and
  • a statement of which decommissioning work is associated with a legal obligation and which work is not.

 

 

Financing

1.

Provide confirmation that funding is available for the decommissioning work, and funding will continue to be available to fund the future final abandonment, including updated description of any funding, financial guarantees or other arrangements designed to cover these costs.

 

 

2.

If the pipeline will still be providing service to third party shippers, describe the expected toll treatment and toll impact

 

 

3.

Explain how this decommissioning plan compares to the abandonment plan for these facilities or this site.

 

 

K.2 Applications to Access Funds from the Trust to Fund Abandonment

1.

Refer to section B.3 for information on accessing funds for decommissioning activities.

 

 

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Guide N – Applications to Review, Rescind or Rehear

Guide N – Applications to Review, Rescind or Rehear

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

1.

The application must be in writing, signed by the applicant (the person requesting the review or rehearing) or the applicant’s authorized representative, filed with the CER and served on all parties to the original proceeding that gave rise to the decision or order in respect of which the review or rehearing is sought.

 

 

2.

The application must contain:

  1. a concise statement of the facts;
  2. the grounds that the applicant considers sufficient to raise a doubt as to the correctness of the decision or order, or to establish the requirement for rehearing, including:
    1. any error of law or jurisdiction;
    2. changed circumstances or new facts that have arisen since the close of the original proceeding; or
    3. facts that were not placed in evidence in the original proceeding and that were then not discoverable by reasonable diligence;
  3. the nature of the prejudice or damage that has resulted or will result from the decision or order; and
  4. the nature of the relief sought.

 

 

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Guide O – Variance Applications and Project Updates

Guide O – Variance Applications and Project Updates

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

O.1.2 Corporate Name Changes (without a change in ownership, lease, or amalgamation) pursuant to section 181 of the CER Act

1.

State the name change, including all previous known names.

 

 

2.

A list of all regulatory instruments including orders and certificates that will require changes.

 

 

3.

An update of all documents associated with Financial Resource Requirements and Abandonment Funding as needed to reflect the name change, including:

  1. financial instruments used for abandonment funding including as applicable, updated letters of credit, surety bonds, and/or abandonment trusts; and
  2. financial instruments used for demonstration of proof of financial resources.

 

 

4.

A map (or maps) detailing all facilities for which the corporate name change applies (see section 1.12).

 

 

5.

The Variance Application shall include a letter signed by the company’s Accountable Officer confirming the requested name change.

 

 

O.2 Variances

1.

A concise summary of the changes the applicant is requesting the CER to assess.

 

 

2.

All necessary design details of the proposed changes.

 

 

3.

A statement that no material changes to the facility economics will result from the variance request, or provide documentation or information to explain any changes to facility economics.

 

 

4.

Any supporting documentation or information to explain and support the change.

 

 

5.

Any applicable references to the Filing Manual.

 

 

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Guide P – Tolls and Tariffs

Guide P – Tolls and Tariffs

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

P.1 Cost of Service

1.

Description of steps taken with parties to discuss issues and attempts to reach negotiated settlement.

 

 

2.

Summary schedule of total cost of service, with amounts for the base, current and test years and year-to-year changes for following cost components:

  • operating, maintenance & administrative;
  • transmission by others;
  • depreciation and amortization of plant;
  • income taxes;
  • taxes other than income taxes;
  • miscellaneous revenues;
  • return on rate base;
  • deferred items; and
  • other items.

 

 

3.

Analysis of each cost component listed above, by major cost category, with explanations for significant year-to-year changes.

Allocations between regulated and non-regulated entities must include gross costs, allocated costs, the methodology used and rationale.

 

 

4.

Schedules to show derivation of monthly deferral account balances, including carrying charges and which amounts are actual and which are estimated.

 

 

5.

Schedule reconciling additions to plant accounts with additions to income tax CCA for base, current and test years.

 

 

6.

Schedule detailing changes in the deferred tax balance for base, current and test years.

 

 

7.

Provide the estimated total cost to abandon, as well as the Collection Period over which revenue will be accumulated.

 

 

P.2 Rate Base

1.

Detailed schedules for rate base with assumptions and calculations for additions, retirements, cash working capital.

 

 

P.3 Financial Statements

1.

Current annual report to shareholders. Current corporate annual report of parent if applicable.

 

 

2.

Financial statements for base year plus explanation of major assumptions used to prepare statements.

 

 

P.4 Cost of Capital

1.

Invested Capital: The application shall describe the applicant’s sources of capital, including outstanding balances for each class of capital on a yearly basis, invested in the system’s rate base and plant under construction for the past five years and the year(s) covered by the application. The application shall also describe all relevant attributes for each class and issuance of capital.

 

 

2.

Methodology/Techniques/Methods/Models: The application shall include a description of the methodology used to estimate cost of capital and overall return, as well as all the techniques/methods/models within it.

 

 

3.

Data Supporting Methodology: The application shall include a rationale for the specifically chosen data used in the estimation of cost of capital.

 

 

4.

Debt Costs: The application shall include a description of, and justification for, the proposed treatment of debt costs as part of the return on rate base. The application shall also describe in detail, with supporting schedules, how debt costs to be recovered during the year(s) covered by the application were calculated.

 

 

5.

Business Risk: The application shall include a detailed assessment of the applicant’s business risks including market, supply, competitive, operating, and regulatory risks.

 

 

6.

Financial Risk: The application shall include a description of, and justification for, how the applicant has considered financial risk in estimating cost of capital, and in establishing the applied-for rate of return and capital structure (if applicable). The application should also describe alternative ways of considering financial risk and how and why these alternatives were or were not incorporated.

 

 

7.

Regulated Assets: The application shall include a high-level assessment of how the cost of capital for the facilities subject to the application is impacted by other assets and liabilities of the applicant or of the applicant’s parent company (if applicable), taking the stand-alone principle into account.

 

 

8.

Comparable Companies or Assets: When comparable companies or assets are relied upon to estimate cost of capital, the application shall contain a discussion of business risks including market, supply, competitive, operating, and regulatory risks faced by these individual comparable companies or assets, and a description of any adjustment(s) made or considered to optimize comparability.

 

 

9.

Data from Other Countries: Where an application utilizes financial data from countries other than Canada, the application shall include an assessment of the resulting impacts of using this data as opposed to data from Canada, including, but not limited to, impacts from any differences in tax regimes, currencies, securities exchanges, regulatory risk or systematic risks. The application should also assess whether and how adjustments should be made to the data from these other countries.

 

 

10.

Financial Statements: The application shall include the applicant’s most recent audited financial statements and notes, or, if not available, those of the applicant’s parent company.

 

 

11.

Credit Rating: The application shall include the applicant’s two most recent credit rating reports issued from each recognized rating agency, including those issued by DBRS, Moody’s, Standard & Poor’s, and Fitch. If not available for the applicant, the application shall include those reports of the applicant’s parent company.

 

 

12.

Historical Returns and Capital Structure: The application shall include a description and summary schedule (where appropriate), for the past five years, of:

  • the applicant’s actual balances for each class of capital, and resulting actual capital structures;
  • actual returns;
  • assumptions used to determine these actual returns;
  • allowed return(s) and deemed capital structure(s);
  • explanations of any variances between allowed and actual returns; and
  • explanations of any variances between deemed and actual capital structure(s).

 

 

13.

Capital Issuances: The application shall include a description, for the past five years, of any debt, equity, and other capital issuances, their net/gross proceeds, and description of their use.

 

 

14.

Summary Schedule: The application shall include a summary schedule for the year(s) covered by the application, showing the requested rates of return for each class of capital (if applicable), deemed capital structure (if applicable) and derivation of the return on rate base.

 

 

15.

Fair Return Standard: The application shall explicitly demonstrate how the applied-for total return on capital meets all requirements of the fair return standard.

 

 

P.5 Tolls and Tariffs

1.

Concise description of pipeline system & operations, including system map showing toll zones and delivery areas.

 

 

2.

Describe applied-for toll design, with rationale for any proposed changes.

 

 

3.

Comparative schedule of test year revenues for each class/type of service under existing and proposed tolls.

 

 

4.

Describe any tariff revisions with rationale for revisions and comparative schedules showing proposed changes to existing tariff sheets.

 

 

P.7 Abandonment Costs

1.

A company’s application should include any changes related to abandonment funding. Provide a discussion and justification of these changes, including any changes related to the total cost estimated for abandonment, the manner which the funds will be set-aside, and how the funds are to be collected, including the pace of collecting funds.

 

 

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Guide Q – Export Authorizations

Guide Q – Export Authorizations

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

Natural Gas (including LNG) Export License Applications

1.

The source and volume of gas proposed to be exported.

 

 

2.

Description of gas supplies, including Canadian gas supply, expected to be available to the Canadian market (including underlying assumptions) over the requested licence term.

 

 

3.

Description of expected gas requirements (demand) for Canada (including underlying assumptions) over the requested licence term.

 

 

4.

Implications of the proposed export volumes on the ability of Canadians to meet their gas requirements.

 

 

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Guide R – Transfer of Ownership, Lease or Amalgamation

Guide R – Transfer of Ownership, Lease or Amalgamation

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

Company Divesting of the Facilities

1.

The nature of the transaction.

 

 

2.

A map of the pipeline and the relevant upstream and downstream facilities, identifying any facility that could become stranded.

 

 

3.

Confirmation that a copy of the records have been provided to the new owners of the facility.

 

 

4.

Estimated cost to abandon the facilities.

 

 

Company Acquiring the New Facilities

1.

The new owner and operator of the pipeline including contact information.

 

 

2.

The original cost of the asset, depreciation and net book value.

 

 

3.

The purchase price of the asset.

 

 

4.

The intended long-term use of the facilities.

 

 

5.

Any changes in the conditions of service offered, including estimated toll impact.

 

 

6.

A plan detailing how the applicant will acquire the information/records necessary to maintain and operate the facilities safely.

 

 

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Guide S – Access on a Pipeline

Guide S – Access on a Pipeline

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

1.

Provide a detailed summary of the circumstances leading to the application.

 

 

2.

Provide copies of all relevant correspondence between the applicant, the operator of the subject facility and any other parties that may be involved with the application.

 

 

3.

For applications for an exemption from subsection 239(1), provide evidence that:

  • an open season was held offering all of the capacity to be contracted to anyone interested in shipping; and
  • allowing the exemption is in the public interest.

 

 

4.

In the case of an application pursuant to subsection 239(3), the applicant should provide a description of the facilities that the pipeline company would need to install, including a cost estimate.

 

 

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Guide T – Leave to Open

Guide T – Leave to Open

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

For a Pipeline or a Pipeline Section:

 

  • CER certificate or order under which work was carried out
  • List of standards, specifications and procedures
  • Description of the pressure tested facilities
  • Summary of continuous pressure and temperature readings
  • Summary of all piping, welds, and valves not subjected to a pressure test following installation, with justification for not pressure testing
  • Statement that all control and safety devices were or will be tested for functionality
  • Confirmation that:
    • required tests were taken and met requirements; and
    • all permits were acquired when necessary;
  • Test equipment calibration certificates
  • All logs, test charts, etc. are signed and dated by company representative
  • Details regarding unsuccessful pressure tests, including the cause of failure

 

 

For a Tank

 

  • CER certificate or order under which work was carried out
  • Standards, specifications and procedures
  • Confirmation that:
    • required tests were taken and met requirements; and
    • all permits were acquired when necessary
  • Statement that all control and safety devices were inspected and tested for functionality

 

 

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Guide U – Information Filed Respecting Plan, Profile, Book of Reference (PPBoR) and Notices

Guide U – Information Filed Respecting Plan, Profile, Book of Reference (PPBoR) and Notices

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

U.1 Plan, Profile, Book of Reference (PPBoR)

 

PPBoR meets requirements of section 199 of the CER Act?

 

 

 

In addition, the plan and profile of the project drawn to a scale of 1:10 000 or larger, if appropriate, should show:

  • the proposed route of the pipeline;
  • property boundaries; and
  • the numbers of the parcels of land to be traversed (i.e., legal land descriptions).

 

 

U.2 Section 201 Notices

 

Requirements pursuant to section 201 of the CER Act.

 

 

 

Requirements pursuant to section 50 of the Rules.

 

 

1.

File a copy of the notice that will be served on landowners.

 

 

2.

Provide a copy of the notice that will be included in local publications.

 

 

3.

File a list of the publications that will be used.

 

 

4.

Where the applicant completes the service and publication of notice under section 201 of the CER Act, it shall forthwith notify the CER in writing of the dates of the last service and publication. The company shall file a tear sheet of the newspapers.

 

 

U.3 Application to Correct a PPBoR Error

1.

An application pursuant to subsection 208(1) of the CER Act should include:

  • the Order number and date of the original PPBoR approval;
  • the nature and description of the error in the PPBoR;
  • the accurate information (i.e., related to the plan, profile or book of reference); and
  • confirmation that, pursuant to subsection 208(3), copies of the permit will be provided to the offices of the registrars or appropriate land title offices.

 

 

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Guide V – Right of Entry Applications

Guide V – Right of Entry Applications

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

 

Requirements pursuant to section 324 of the CER Act.

 

 

 

Requirements pursuant to section 55 of the Rules.

 

 

1.

A summary of the land negotiation process conducted between the applicant and the owner of the lands for which a right-of-entry order is sought.

 

 

2.

The date of service of notice on the landowner pursuant to subsection 322(1) of the CER Act.

 

 

3.

If applicable, the date of service of notice on the landowner pursuant to section 201 of the CER Act.

 

 

4.

A discussion of outstanding issues and the reason(s) that a voluntary agreement could not be reached.

 

 

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Guide W – Requirements for Substituted Service Applications

Guide W – Requirements for Substituted Service Applications

 

Filing Requirements

In Application?
References

Not in Application?
Explanation

 

Requirements pursuant to sections 3, 4 and 5 of the National Energy Board Substituted Service Regulations.

 

 

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