On Wednesday, Aug. 28, the National Energy Board (NEB) became the Canada Energy Regulator (CER). For further information please visit our Implementing the Canadian Energy Regulator Act information page
Enbridge Pipelines Inc. - Line 9B Reversal and Line 9 Capacity Expansion Project - OH-002-2013
This project is currently operating.
Some conditions require companies to submit ongoing documentation or filings with the NEB to demonstrate that they have met each condition. The NEB evaluates this information against the specific requirements that must be met for each condition and follows up with the company if more information is needed.
On 29 November 2012, Enbridge filed an application [Filing A49446] under section 58 and Part IV of the National Energy Board Act to reverse a 639 km segment of Line 9 between North Westover, Ontario and Montreal, Québec.
In its application, Enbridge also filed a request to increase the capacity of the entire line from approximately 240,000 barrels per day (bpd) to approximately 300,000 bpd. Among other requests, Enbridge also asked for a revision to its Line 9 Rules and Regulations Tariff to allow for the transportation of heavy crude oil, and an exemption from having to apply for leave to open.
In a previous decision issued on 27 July 2012 [Filing A43137], the Board approved reversal of the western segment of Line 9 between Sarnia, Ontario and North Westover, Ontario. The requested reversal in flow direction from west to east for Line 9B would see the entire Line 9 revert back to the direction that was originally approved by the Board in 1975 and the direction in which Line 9 flowed for 23 years (between 1976 and 1999).
On 19 December 2012, the Board determined that the application was complete and its assessment could start. The NEB identified a number of issues for discussion during the hearing. You can find the complete List of Issues in Appendix I of the Hearing Order [Filing A50521]
The Board decided that for this project, the application would be considered through a hearing that included oral final argument. The oral final argument took place in October 2013 in Montreal and Toronto.
During the Board’s hearing process, it heard from participants regarding pipeline integrity, spills and emergency response, and also regarding Enbridge’s consultation efforts.
The Board received applications to participate from 178 persons or groups, of which 160 were granted as requested. Eleven persons who requested intervenor status were instead granted the opportunity to submit a letter of comment and seven were not granted standing. As a result, there were 60 Intervenors and 111 Commenters.
Of the 60 Intervenors, 45 filed written evidence in the proceeding. Enbridge and 40 Intervenors provided oral final argument, and 11 Intervenors provided written final argument. The Board also received 76 Letters of Comment.
From these Participants, the Board primarily heard concerns regarding pipeline safety and integrity, as well as concerns regarding the environmental impacts of potential spills from the Line 9 pipeline. Some concerns were raised that are not within the Board’s mandate to regulate, such as oilsands development, energy policy and greenhouse gas emissions.
You can find transcripts from the oral hearing on our website [Folder 1045209].
On 6 March 2014, the Board approved Enbridge's application, subject to 30 conditions. You can find the Board’s Reasons for Decision [Filing A59170] on our website.
On 6 February 2015 the Board approved condition 16 (valve placement) and condition 18 (watercourse crossing management plans) with regard to the Line 9B Reversal and Line 9 Capacity Expansion Project (Line 9). However, due to the specific characteristics of the landscape this pipeline traverses, the Board requires further detailed information and assessment with respect to valve placement through the lifecycle of the pipeline [Filing A65779].
On 18 June 2015, the Board determined that before Line 9B becomes operational, hydrostatic testing results of three segments of the pipeline must be provided and approved by the NEB. [Filing A70736]
Compliance Verification and Enforcement Activities
|Board Order||Enbridge Pipeline Inc.||System wide||Emergency back-up power and push button shut down keypads at pump stations||
|Compliance Verification Activity (CVA)||Enbridge Pipelines Inc.||Girth Welds 7950, 7880, and 7610 (ON)||Field Inspection – Environmental Protection, 1617-070||2016-05-05
|Operational Audit||Enbridge Pipelines Inc.||Canada||Emergency Management Program||
|Operational Audit||Enbridge Pipelines Inc.||Canada||Environmental Protection Program||
|Operational Audit||Enbridge Pipelines Inc.||Canada||Third Party Crossings Program||
|Operational Audit||Enbridge Pipelines Inc.||Canada||Integrity Management Program||
|Operational Audit||Enbridge Pipelines Inc.||Canada||Safety Management Program||
|Operational Audit||Enbridge Pipelines Inc.||Canada||Public Awareness Program||
|Letter from NEB Chair||Enbridge Pipelines Inc.||Line 9B Reversal and Line 9 Capacity Expansion Project, Westover to Montreal Terminal||Request for information on use of Non-Disclosure Agreements regarding Emergency Information||
During the National Energy Board's review of this project, the evidence, letters of comment, Board decisions and other relevant documents were filed with the National Energy Board and placed on the Board's online document repository [Folder 890819]. These documents are accessible to the public. Funds awarded through our Participant Funding Program are announced in the Participant Funding Report.
While most Canadians only hear about the NEB’s involvement at the beginning of projects, we actually regulates Canada’s federal energy infrastructure throughout its entire lifecycle. We do not simply make a decision on a project and walk away. When approved projects are being built and operated, we inspect and audit them. When a pipeline has reached the end of its usefulness, we hold a hearing to review abandonment applications to ensure that it is abandoned in a safe and environmentally responsible manner.
In other words, the NEB regulates from “start to finish”, which can span the course of many decades. And we hold pipeline companies responsible for the full lifecycle of the pipelines they operate.
Here is the lifecycle of a regulated facility, showing the NEB’s involvement at each phase:
Lifecycle of an NEB regulated pipeline
Text version of this graphic
NEB oversight throughout the lifecycle: Regulations - Conditions - Inpections - Audits - Enforcement.
NEB requires companies to consult throughout the entire lifecycle, with those potentially affected.
- Application to Construct and Operate
- NEB Public Hearing Decision/Recommendation
- NEB Decision on Safe Operation
- Application for Leave to Open
- Operation and Maintenance
- Application to Abandon
- NEB Public Hearing Decision
Project Requirements and Conditions
The NEB has imposed 30 conditions on this project that strengthen public safety, protection of the environment, and ensure continued consultation between the company, landowners and Aboriginal peoples.
Conditions are legal requirements that a company must meet to be allowed to construct and operate a project. Conditions are project-specific and are designed to protect the public and the environment by reducing possible risks identified during the hearing.
Conditions may require a company to submit documentation such as:
- results of additional environmental and socio-economic assessments, species-specific studies, or traditional land use investigations;
- engineering design details, and supporting assessments or information;
- environmental protection plans;
- mitigation and monitoring documentation;
- construction schedules and progress reports; and
- employee training programs and manuals.
Companies must submit ongoing documentation or filings with the NEB to demonstrate that they have met each condition. The NEB evaluates this information against the specific requirements that must be met for each condition and follows up with the company if more information is needed.
- Section 58 Order Conditions [Filing A59170]
- Documents filed to demonstrate condition compliance [Folder 2432299]
The NEB uses Compliance Verification Activities to observe and gather information about the state of compliance in a specific area of a company’s operations, or to investigate whether companies are taking the appropriate preventive or corrective actions. Compliance Verification Activities include:
- inspections (of facilities under construction or in operation)
- emergency exercise evaluations
- emergency procedures manuals reviews
- formal compliance meetings (to check the progress of programs or corrective actions)
- management system audits
- reviews of post-construction monitoring reports
These activities are designed to determine if legislation and expectations are being followed, to assess if enforcement is required, and to provide feedback to a company. If a noncompliance is noted, follow-up is undertaken to verify corrective actions have been put in place and to apply appropriate enforcement actions if necessary.
As part of ongoing oversight of pipelines, companies are required to submit Operations and Maintenance Notifications, if they meet certain criteria (such as working near bodies of water). Enbridge Operations and Maintenance Notifications, for all of its pipelines, can be found in the [Regulatory Document Index Folder 382920].
Under the National Energy Board Onshore Pipeline Regulations (OPR), companies must immediately notify the National Energy Board (NEB) of any incident that relates to the construction, operation or abandonment of a pipeline.
If you have questions about the project, including whether or not the pipeline crosses your property, please contact Enbridge Pipelines at 1-888-967-3899 or via email at firstname.lastname@example.org.
For questions about the Line 9B Project, please contact:
Telephone (toll free): 1-800-899-1265
For media inquiries, please contact:
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