[All] Fw: Evidence re: Line 9 and TransMountain pipelines.

Tue Nov 25 16:13:32 EST 2014

    ----- Forwarded Message -----
  From: Louisette Lanteigne <butterflybluelu at rogers.com>
 To: "Sheri.young at neb-one.gc.ca" <Sheri.young at neb-one.gc.ca>; "info at gg.ca" <info at gg.ca>; "justin.trudeau at parl.gc.ca" <justin.trudeau at parl.gc.ca>; "thomas.mulcair at parl.gc.ca" <thomas.mulcair at parl.gc.ca>; "Elizabeth.May at parl.gc.ca" <Elizabeth.May at parl.gc.ca>; "info at vancouverobserver.com" <info at vancouverobserver.com>; "editor at tyee.ca" <editor at tyee.ca>; "aschwartz at csis.org" <aschwartz at csis.org>; "kwynne.mpp at liberal.ola.org" <kwynne.mpp at liberal.ola.org>; "thomas.mulcair at parl.gc.ca" <thomas.mulcair at parl.gc.ca>; "stephane.dion at parl.gc.ca" <stephane.dion at parl.gc.ca>; "linda.duncan at parl.gc.ca" <linda.duncan at parl.gc.ca>; "ahorwath-qp at ndp.on.ca" <ahorwath-qp at ndp.on.ca>; "catherinefife at on.ndp.ca" <catherinefife at on.ndp.ca>; "david at donnellylaw.ca" <david at donnellylaw.ca>; "theresa at cela.ca" <theresa at cela.ca>; "Leona.Aglukkaq at parl.gc.ca" <Leona.Aglukkaq at parl.gc.ca>; "peter.braid.c1 at parl.gc.ca" <peter.braid.c1 at parl.gc.ca>; "commissioner at eco.on.ca" <commissioner at eco.on.ca>; "abscott at environmentaldefence.ca" <abscott at environmentaldefence.ca>; "bchiarelli.mpp.co at liberal.ola.org" <bchiarelli.mpp.co at liberal.ola.org>; "fmoola at davidsuzuki.org" <fmoola at davidsuzuki.org>; "gmurray.mpp.co at liberal.ola.org" <gmurray.mpp.co at liberal.ola.org>; "dzimmer.mpp.co at liberal.ola.org" <dzimmer.mpp.co at liberal.ola.org>; "feedback at sixnations.ca" <feedback at sixnations.ca>; "francis.scarpaleggia at parl.gc.ca" <francis.scarpaleggia at parl.gc.ca>; "info at messages.whitehouse.gov" <info at messages.whitehouse.gov>; "NSCI_ECSN at rcmp-grc.gc.ca" <NSCI_ECSN at rcmp-grc.gc.ca>; "nsapao at nsa.gov" <nsapao at nsa.gov>; "palmater at indigenousnationhood.com" <palmater at indigenousnationhood.com>; "Ruby at rubyshiller.com" <Ruby at rubyshiller.com>; "jmolnar at ecojustice.ca" <jmolnar at ecojustice.ca>; "info at antifraudcentre.ca" <info at antifraudcentre.ca>; "info at climateactionnetwork.ca" <info at climateactionnetwork.ca>; "info at equiterre.org" <info at equiterre.org>; "info at messages.whitehouse.gov" <info at messages.whitehouse.gov>; "info at tarsandsaction.org" <info at tarsandsaction.org>; "info at 350.org" <info at 350.org>; "Newsroom at globeandmail.com" <Newsroom at globeandmail.com>; "news-tips at nytimes.com" <news-tips at nytimes.com>; "news at swo.ctv.ca" <news at swo.ctv.ca>; "news at nowtoronto.com" <news at nowtoronto.com>; "yournews at cbc.ca" <yournews at cbc.ca>; "plane at patricialane.bc.ca" <plane at patricialane.bc.ca> 
 Sent: Tuesday, November 25, 2014 4:11 PM
 Subject: Evidence re: Line 9 and TransMountain pipelines.

Dear Hon. Ministers et al. 
There are several disturbing similarities between NEB process for Trans Mountain (Kinder Morgan) and Enbridge Line 9 NEB Processes that question the legality of both NEB process. 
Lack of approved Full Status Intervenors
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 were denied full status.http://www.concernedengineers.org/what-is-the-cpe-for/national-energy-board-intervenor-status/
The US EPA were DENIED full status. http://www.naturalgasintel.com/articles/97953-us-epa-restricted-to-written-testimony-in-neb-trans-mountain-case

For the Enbridge Line 9 reversal we saw a new 10 page application form to prescreen applicants. There were  44,000 letters of comment yet only 18 intervenors representing less than one half of a percent of total participants. I was blessed to be a delegate at both Line 9 hearings. It was not easy. I could see many Canadians being excluded if they lacked access to internet or lacked the skills to fulfill requirements of participation. I am most concerned about the lack of voices of our eldery, First Nation's and low income participants simply because the parse used was complex. The formattting of data online was messy. It was difficult to find specific documents. Unless one was tech savy it is difficult to navigate through. Then we have the complexity of normal legal processes which is a high learning curve for those who cannot afford representation. The system was always designed to exclude  those who lack the intelligence or the money but now it is far worse. This is to the point of being unreasonable and unaccessible.

 Forest Ethics is now suing the NEB for using discretionary powers to limit public participation.http://www.forestethics.org/news/kinder-morgan-constitutional-challenge-against-neb-proceed-court-appeal

Lack of regard for Crown Consultation
At the LIne 9 phase B hearing, Enbridge admitted they did not view a single Treaty even though Line 9 crosses 18 First Nation's Territories! It was sworn in as evidence.  Later on in August, the Court of Appeals allowed Chippeways of the Thames First Nations the right to appeal the NEB for lack of Crown Consultation.  http://www.londoncommunitynews.com/news-story/4572184-chippewas-granted-leave-to-appeal-enbridge-line-9b-pipeline/

The NEB is being sued for the Trans Mountain by the Tsleil-Waututh First Nations for lack of Crown consultation. http://twnsacredtrust.ca/tsleil-waututnation-launches-legal-challenge-of-kinder-morgan-pipeline-and-tankers-project/

Lack of Cross Examination & 
-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." 
http://www.desmog.ca/2014/04/14/oral-hearings-quietly-vanish-kinder-morgan-trans-mountain-pipeline-review
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."
http://www.vancouverobserver.com/news/former-bc-hydro-ceo-calls-neb-industry-captured-pulls-out-kinder-morgan-hearings

With Line 9 we could not VIEW or activity participate with closing argumentshttp://www.theglobeandmail.com/news/national/closing-arguments-on-enbridge-pipeline-proposal-cancelled-due-to-security-concerns/article14946925/
I secured documents using Freedom of Information. In an email dated July 27, 2012 sent from Hearing Manager Darcie Harding to DL Managers Hearing Community it states in regards to the Enbridge Line 9 phase B hearing that: 
"Having only final oral argument and no cross examination worked well in this case, due to the highly technical issues regarding engineering and integrity." 

I used Freedom of Information to secure my personal data from the NEB to observe how my information is used, who views it etc.  I received over 1031 pages of documents that chronicle a wide variety of media stories regarding the erosion of the NEB's powers along with data showing that the NEB was following my work on Twitter and Slideshare. The total data was well over 2000 pages but hundreds of pages were completely redacted using section 21, Section 23 and section 68 of the Access to Information Act.  Other pages were simply copies. They sent it all on a single disk in a single file that is 218MB. Too large to email, too large to post on-line so I posted it in a Dropbox account here:
https://www.dropbox.com/s/h4x1m5fmo7b910b/NEB_DM_PROD-%23825868-v1-Release_package.PDF?dl=0
Harper has Veto Power over NEB Decisions
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. 
http://www.theglobeandmail.com/report-on-business/riding-roughshod-over-diefs-legacy/article4246062
In response Linda Duncan, NDP MP stated on Twitter the following:  
Linda Duncan @LindaDuncanMP NEB Chair view role not to address pipeline environmental impacts contradicts NRCN claim they are assessing cumulative impacts #cdnpoli

Another new article flags the fact that Kinder Morgan merged companies: http://finance.yahoo.com/news/kinder-morgan-gets-shareholder-approval-195002601.html
...without consulting the NEB as noted by Economist Robyn Allen in an article titled. "Kinder Morgan is Breaking the Law" as seen here in the Tyee:  http://thetyee.ca/News/2014/11/24/Kinder-Morgan-Breaking-Law-Economist-Alleges/
The Act violates the National Energy Board Act: 

   - 74. (1) A company shall not, without the leave of the Board,

   - (a) sell, transfer or lease to any person its pipeline, in whole or in part;
   - (b) purchase or lease any pipeline from any person;
   - (c) enter into an agreement for amalgamation with any other company; or
   - (d) abandon the operation of a pipeline.
   -    

   - There are lawsuits underway by the City of Burnaby regarding a lack of Permits for TransCanada to conduct work:http://www.macleans.ca/news/canada/b-c-city-files-civil-lawsuit-against-kinder-morgan-over-pipeline/   

There is another lawsuit by the City of Vancouver regarding the fact there was no regard for Climate Change Impacts at the Kinder Morgan Hearing.https://www.google.ca/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#sourceid=chrome-psyapi2&ie=UTF-8&q=city%20of%20vancouver%20sues%20kinder%20morgan

   - 
At the Trans Mountain and Line 9 hearings, the issues of climate change were deemed out of scope. 
Just today the CEO was published in the CBC stating: "The National Energy Board's Focus isn't Climate Change. http://www.cbc.ca/news/canada/new-brunswick/national-energy-board-s-pipeline-focus-isn-t-climate-change-ceo-says-1.2847487
It is my sincere hope the US government consideres that statement as they decide the fate of the Keystone XL. 
It is evident the actions taking place on Burnaby Mountain related to the Trans Mountain pipeline are likely illegal. Yet the BC RCMP are on site protecting the work of this foreign company, with our tax dollars and they violate Canadian laws.  If this becomes business as usual Canadian laws mean absolutely nothing! The discretionary powers being used by the Harper Government in my view give reasonable grounds for charges of TREASON. 

It is my sincere request that Mr. Harper be removed from office at once by the powers of the Govenor General enshrined to him by the powers of our existing Canadian Laws. 

I have given everything I have. I have exhausted public processes withhold NOTHING so that we can allow absolute and qualified priviliges to be used to assure reasonable compliance to Canadian laws and to protect National Security interests on both sides of the boarders. I do this because I love my country and I don't want pipelines to rupture or explode on either side of the boarder. 

Investors deserve sound grounds upon which they make their decisions. What is happening now is putting our entire economic systems at risk. Pensions, teachers funds etc. We can't have that kind of investment put on projects that pose such enormous liability risks. 

The way these companies move their money we're risking Enron all over again.  The externalized costs risks, expecially with Climate Change issues is self evident. Kalamazoo is 1.2 billion and counting. Line 9 still uses the same PE tape that is no longer up to code that lead to the Kalamzoo rupture. With increased water flow how many manual shut of valves will be underwater when ruptures happen? 

I stopped the flow of Line 9 at the hearings because I said every river at risk of flood, ice jams or erosion requires two valves. If you don' t shut it from both sides the other side is going to leak! Only 6 shut off valves are 1km away from both sides of a river on Line 9.  We've got to do better than this.

If anyone requires my assistance please do not hesitate to call or email me. 

Thank you kindly for your time.
Yours in good faith and honesty, 

Louisette Lanteigne700 Star Flower Ave.Waterloo ON.N2V 2L2519-885-7619

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20141125/403c11a9/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: 36-38FOI.pdf
Type: application/pdf
Size: 713260 bytes
Desc: not available
URL: <http://gren.ca/pipermail/all_gren.ca/attachments/20141125/403c11a9/attachment.pdf>