ARCHIVED - Order JJD-3-2012 to Vantage Pipeline Canada ULC pursuant to Section 51.1 of the National Energy Board Act

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Order JJD-3-2012 to Vantage Pipeline Canada ULC pursuant to Section 51.1 of the National Energy Board Act [PDF 961 KB]

ORDER NO. JJD-3-2012

IN THE MATTER OF THE NATIONAL ENERGY BOARD ACT,
AN ORDER UNDER SECTION 51.1

Information not available

is employed by Vantage Pipeline Canada ULC, or is a person conducting an excavation or construction on or near a facility located at NW ¼ 9-14-25 W3M.

On 19 December/9:00am, the undersigned National Energy Board inspection officer conducted a review of the Vantage Pipeline Project, 18 December 2012 Environmental Monitoring report email for construction activities at Kangaroo Rat areas 1 & 5, which was provided pursuant to the 14 December 2012 Vantage commitment to provide daily updates for these areas.

The inspection officer has noted the following:

During review of the daily monitoring report email for construction in Ord’s Kangaroo Rat areas in NW ¼ 9-14-25 W3M, the Inspection Officer noted that construction activity had continued until over an hour past sunset in this area. The Inspection Officer followed up via telephone call with the Environmental Monitor, who confirmed the reported observations.

These observations represent non-compliance with Condition 3, 6 and 8 of Certificate OC-059.

the officer shall describe the grounds for making the order

Based on the above mention, the inspection officer has reasonable grounds to believe that a hazard to the safety or security of the public, or employees of a company or a detriment to property or the environment is being or will be caused by the construction, operation, maintenance or abandonment of the pipeline.

Therefore, Vantage Pipeline Canada ULC is HEREBY ORDERED, pursuant to section 51.1 of the National Energy Board Act, to

 X  take the measures specified below for guarding the safety or security of the public or employees of the company or for protecting the environment or property
 X Stop work
 X Immediately
   no later than

Specified Measures: Vantage shall:

  1. Cease all activity (including nighttime traffic) and artificial illumination before sunset within 1,000 m of Ord's kangaroo rat burrows along the ROW.
  2. For each day where construction activity is planned to occur for the duration of the Project, provide daily Project construction updates to Secretary of the Board, with copy to the Inspection Officer which shall include:
    1. A list of all locations where construction activity is anticipated to be conducted for the following day;
    2. A cross reference to applicable mitigation in the EPP for those areas and confirmation of the presence of Environmental Monitors for those planned activities, where required; and
    3. A copy of the updated Project Non-Compliance Summary Report.
  3. Vantage shall develop and implement a plan to prevent future occurrence of unapproved construction activity in sensitive areas and submit evidence of its completion to the NEB Inspection Officer by COB 20 December 2012.
Signed by: Information not available
Inspection Officer: Information not available
Inspection Officer ID No.:
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