Warning Letter to Cenovus Energy Inc (Cenovus)

CER File: XP2425-001

October 7, 2024

Registered with acknowledgement of receipt.

Tony Jackson
VP Environment and Regulatory Services
Cenovus Energy Inc
225 – 6 Avenue SWPO Box 766
Calgary AB Alberta, T2P 0M5 (Couriers T2P 1N2)
Information not available

RE: Warning Letter to Cenovus Energy Inc (Cenovus)

Dear Tony Jackson:

The Canada Energy Regulator (CER) is the independent federal regulator of pipelines, energy development and trade in the Canadian public interest. The CER collects, monitors, analyzes, and publishes fact-based information on energy markets and supply, sources of energy, and the safety and security of pipelines and international power lines. The data and reports published by the CER provide timely and relevant information to Canadians, on commodity imports and exports, energy supply, and sources.

This letter is to inform you that the CER has serious concerns with Cenovus' compliance with the requirements under National Energy Board Export and Import Reporting Regulations (Reporting Regulations). Reporting on the export of crude oil and refined petroleum products, natural gas, natural gas liquids and electricity from Canada is regulated under the Reporting Regulations.

In January 2024, the CER issued an All Company LetterFootnote 1 which reminded companies holding an export license, permit or order (authorization) exporting the above-mentioned commoditiesFootnote 2 to comply with the Reporting Regulations. Authorization holders must comply with the Reporting Regulations and file monthly reports on their activities. The Reporting Regulations also clearly outline the information requirements to be filed each month.

RELEVANT FACTS

Cenovus is the holder of ORDER(s) EPR-080-2024, EBU-062-2024, ROE-129-2024 and is subject to the Reporting Regulations.

When a company fails to file a report required by the Regulations by the prescribed due date, the CER’s Commodity Tracking System (CTS), which companies use to file reports, automatically tracks the late filing. CTS generates automated email reminders which state reports are due soon, or that reports are late.

The table below documents the instances where filings were not made or made late. Each of these instances is a non-compliance with the Reporting Regulations.

Authorization Commodity Due Date Filing Status
EPR-080-2024 Propane 29 February 2024 Late
EPR-080-2024 Propane 31 March 2024 Late
EPR-080-2024 Propane 30 April 2024 Late
EPR-080-2024 Propane 31 May 2024 Late
EPR-080-2024 Propane 30 June 2024 Late
EBU-062-2024 Butane 29 February 2024 Late
EBU-062-2024 Butane 31 March 2024 Late
EBU-062-2024 Butane 30 April 2024 Late
EBU-062-2024 Butane 31 May 2024 Late
EBU-062-2924 Butane 30 June 2024 Late
ROE-129-2024 Crude Oil 30 April 2024 Late
ROE-129-2024 Refined Petroleum Products 30 April 2024 Late
ROE-129-2024 Refined Petroleum Products 31 May 2024 Late
ROE-129-2024 Refined Petroleum Products 30 June 2024 Late

Compliance with the Reporting Regulations is mandatory, and the CER expects companies to file reports in a correct and timely manner on or before the due date. Companies are required to file their reports through the CTSFootnote 3.

CONCLUSION

This warning letter, notifying you of Cenovus’s non-compliances with the Regulations, is issued in accordance with the CER’s Enforcement Policy. The intent of this letter is to bring this matter to your attention, so you can take the necessary corrective action to ensure that timely submission of the required reports will be made in accordance with the Reporting Regulations.

Please be advised that this written warning, and the circumstances to which it refers, will form part of Cenovus’s compliance history.

Future non-compliances may result in further enforcement action, in accordance with the CER’s Enforcement Policy. Future enforcement action could include a Commission Order or Direction or administrative monetary penalties. You can find more information on the CER’s compliance and enforcement activities at https://www.cer-rec.gc.ca/en/safety-environment/industry-performance/reports-compliance-enforcement/index.html.

Should you have any questions regarding this review, please contact Information not available or Information not available.

 

Yours sincerely,


Original signed by

Jonathan Timlin
Vice President, System Operations
Canada Energy Regulator

CC: Information not available

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