[All] Major news re: Kinder Morgan

[Louisette Lanteigne]

Economist Robyn Allen states Kinder Morgan used one company to file the application for TransMountain to facilitate the work of a SEPARATE COMPANY. That means the one doing the job has no legal application! 
Kinder Morgan, in a move perhaps to cover up the mess merged companies AFTER the application was submitted. 
http://thetyee.ca/News/2014/11/24/Kinder-Morgan-Breaking-Law-Economist-Alleges/


The owner, Rick Kinder used to work for Enron. 
I'm still working on that story with Vancouver Observer. It just keeps evolving. I got sucked into the Burnaby issue and found the process had the same flaws as Line 9.
The Trans Mountain hearing had many who requested intervenor status yet the NEB rejected nearly half the applicants and downgraded others to written submissions only. Concerned Professional Engineers and The US Environmental Protection Agency were denied full intervenor status. 
The Line 9 hearing used  a new 10 page form to prescreen applicants. There were  44,000 letters of comment yet only 18 intervenors representing less than half a percent of the concerned participants.  Forest Ethics is suing the NEB for using discretionary powers to limit public participation.
At the hearings, Enbridge admitted they did not view a single Treaty even though Line 9 crosses 18 First Nation's Territories. In August the Court of Appeals allowed Chippeways of the Thames First Nations the right to appeal the NEB for lack of Crown consultation.  The NEB is being sued by the Tsleil-Waututh First Nations for the same thing in regards to Trans Mountain pipeline. 
There was no cross examination of evidence at the hearing of Line 9 or TransMountain. The Line 9 hearing ended with a written letter of final argumentnegating cross examinations.  
With the Trans Mountain hearing, Solicitor Gregory McDade from the City of Burnaby stated "There will be no public examination of Kinder Morgan's evidence whatsoever." 
Marc Eliesen, former Hydro CEO and 40 year veteran of Canada's Energy Sector criticized the NEB saying " This so-called public hearing process has become a farce, and this Board a truly industry captured regulator."
Diefenbaker created the NEB in 1959 as an arms-length quasi jurisdictional process based on evidence to ensure that "Canada's energy resources are used effectively and prudently to the best advantage of Canadians".  Since the Omnibus Bill the Harper Government now has veto power over NEB decisions putting the decision into the hands of elected bureaucrats who lack reasonable expertise. 
Kinder Morgan is a foreign company working without a permit on Burnaby Mountain with three lawsuits against the Trans Mountain project. There should be a moratorium until those cases are heard yet the RCMP are allow work to continue illegally.
The NEB is already being sued TWICE by First Nations for negating Crown consent. They are also being sued for negating to consider impacts of Climate Change in a lawsuit brought on by the City of Vancouver.  That issue could repeat again and again with lawsuits coming from communities all across Canada. To avoid further costly litigation risks. Let the courts decide before allowing the Board to repeat the same mistakes. There should be a Moritorum. 
In light of this latest info, I hope to God there is one! 
Lulu :0)
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