ARCHIVED – Administrative Monetary Penalty – Westcoast Energy Inc. (Spectra Energy Transmission) – AMP-009-2015

Administrative Monetary Penalty – Westcoast Energy Inc. (Spectra Energy Transmission) – AMP-009-2015 – 5 May 2015 [PDF 55 KB]

NOTICE OF VIOLATION

REFERENCE NUMBER: AMP-009-2015

Information for Pipeline Company / Third Party / Individual:

Information for Pipeline Company / Third Party / Individual

Name:	Westcoast Energy Inc. (Spectra Energy Transmission)
Contact:	Mark Fiedorek
Title:	President
Address:	Fifth Avenue Place, East Tower 425 - 1st Street SW Suite 2600 T2P 3L8
City:	Calgary,
Province / State:	Alberta
Telephone:
Fax:
E-mail:

TOTAL PENALTY AMOUNT:
$28,000

Date of Notice:
5 May 2015

Regulatory Instrument #:
XG-W102-005-2011

On 31 January 2014 Westcoast Energy Inc. (Spectra Energy Transmission) was observed to be in violation of a NEB regulatory requirement. This violation is subject to an administrative monetary penalty, as outlined below.

1. VIOLATION DETAILS

Location of Violation:

2. RELEVANT FACTS

Briefly describe reasonable grounds to believe a violation has occurred

1. On 21 April 2011, the National Energy Board issued a Letter and Order XG-W102-005-2011 (A1Y7T7) approving Westcoast Energy Inc., carrying on business as Spectra Energy Transmission's (Westcoast) Transmission North Expansion Project (Project). Condition 7 of Order XG-W102-005-2011 (Order) states: "On or before the 31 January of each of the first and third complete growing seasons following commencement of operation of the Project, Westcoast must file with the Board a post-construction environmental monitoring report that:

1. a) describes the methodology used for monitoring, the criteria established for evaluating success and the results found;
2. b) assesses the effectiveness of mitigation measures applied during construction against the criteria for success;
3. c) identifies any deviations from plans, and alternate mitigation applied, as approved by the Board;
4. d) identifies locations on a map or diagram where environmental issues arose during construction and where corrective actions were taken;
5. e) identifies the current status of the issues identified (resolved or unresolved) and corrective actions undertaken;
6. f) includes details of consultation undertaken with affected landowners and appropriate provincial and/or federal departments; and
7. g) provides proposed measures and the schedule that Westcoast shall implement to address any unresolved issues or concerns.

The report must include information specific to the effectiveness of mitigation applied to minimize effects on western toad and its breeding habitat."

2. On 31 January 2014, Westcoast submitted its first post-construction environmental monitoring report (PCMR) as required by Condition 7 of the Order. In this submission, Westcoast indicated most environmental concerns had already been resolved. Westcoast further stated any outstanding issues would be monitored and necessary corrective actions taken until all issues were resolved. Westcoast also confirmed the third year post-construction environmental monitoring report would be submitted by 31 January 2016 as required.

3. In August 2014, the NEB conducted an evaluation of Westcoast's PCMR. During its review, the NEB found that Westcoast had not complied with the final term of Condition 7 of the Order requiring information specific to the effectiveness of mitigation applied to minimize effects on western toad and its breeding habitat, as Westcoast had made no mention of western toad in its PCMR submission. Western toad had been identified as a Species at Risk in the Project's Environmental Screening Report conducted under the Canadian Environmental Assessment Act.

4. On 28 January 2015, the NEB issued an informal information request to Westcoast. In it, the NEB requested a response outlining how Westcoast would ensure information specific to the effectiveness of mitigation applied to minimize effects on western toad and its breeding habitat would be addressed in the year three PCMR.

5. On 26 February 2015, Westcoast responded to the information request. Westcoast indicated it would conduct a monitoring survey of amphibians, including western toad, on the reconstructed dugouts and all crossed wetlands associated with the Project during the 2015 season. Field monitoring would utilize best practices for management of amphibians and would support reconstructed and natural wetlands associated with western toad and its breeding habitat.

6. On 17 March 2015, the Board requested confirmation that results of the amphibian monitoring survey would be included in Westcoast's third year PCMR submission to be filed with the Board.

7. On 18 March 2015, Westcoast confirmed that it would provide the results of the amphibian monitoring survey as required.

3. PENALTY CALCULATION

(a) BASELINE PENALTY (Gravity Value = 0)

[Refer to AMP Regulations, Subsection 4(1)]

(b) APPLICABLE GRAVITY VALUE

[Refer to AMP Regulations, Subsection 4(2)]

Notes to explain decision to apply multiple daily penalties, or "Not Applicable"

4. TOTAL PENALTY AMOUNT

$28,000

Note: The total penalty amount shown is based on the period described in Step 1 above. If compliance has not been achieved, a subsequent Notice of Violation may be issued.

5. DUE DATE

Notes

You have the right to make a request for a review of the amount of the penalty or the facts of the violation, or both, within 30 days after the Notice of Violation was received.

If you do not pay the penalty nor request a review within the prescribed period, you are considered to have committed the violation and you are liable for the penalty set out in the Notice of Violation. The penalty is due on the date indicated above.

The unpaid penalty amount is a debt due to the Crown and may be recovered by collection procedures stipulated in the Financial Administration Act.

The information regarding the violation may be posted on the NEB website:

1. 30 days from the date this Notice of Violation was received or;
2. upon issuing a decision following a Request for Review.

To Make Payment:

You may remit your fee payment by Electronic Funds Transfer (EFT) or by cheque payable to the order of Receiver General for Canada.

EFT payments can be arranged by contacting the Director of Financial Services, Monday to Friday, from 09:00 to 16:00 Mountain Time:

• Telephone: 403-606-0779 / 800-899-1265
  Fax: 403-292-5503 / 877-288-8803

Cheques should be made out to the "Receiver General for Canada" and mailed to:

• National Energy Board
  Attention: Finance
  Centre 10, 517 - 10^th Avenue SW
  Calgary, Alberta
  T2R 0A8

Your completed Payment form should be enclosed with your payment.

To Request a Review

Pursuant to the NEB Act, Section 144, you may file a request for a review of this Notice of Violation by the Board.

The date of filing is the date on which the document is received, as indicated by the date on an e-mail submission or the stamped on the document by a NEB employee.

If you elect to make a request for a review, complete and submit the attached Request for Review form to:

• Administrative Monetary Penalty - Reviews
  National Energy Board
  Centre 10, 517 - 10^th Avenue SW
  Calgary, Alberta
  T2R 0A8

For more information on reviews, please see the Administrative Monetary Penalties Process Guide available on the NEB's website.

Sincerely,

Robert Steedman

Designated Officer
Administrative Monetary Penalties

403-299-3178

Date modified:

2022-08-03