[All] Fw: Enbridge Line 10 was just sold to a US based shell company operating out of BC

Thu May 9 11:17:53 EDT 2019

 FYI

Lulu 

   ----- Forwarded Message ----- From: Lanteigne <water.lulu at yahoo.ca>To: Justin Trudeau <justin.trudeau at parl.gc.ca>; Jagmeet Singh <jagmeet.singh at ontariondp.emailnb.com>; Elizabeth May <elizabeth.may at parl.gc.ca>; andrew.scheer at parl.gc.ca <andrew.scheer at parl.gc.ca>; The Honourable Amarjeet Sohi <amarjeet.sohi at parl.gc.ca>; MOE Minister Catherine McKenna <catherine.mckenna at parl.gc.ca>; MinFinance / FinanceMin FIN <fin.minfinance-financemin.fin at canada.ca>; Comments <comments at auditor.on.ca>; Commissioner of the Environment and Sustainable <petitions at oag-bvg.gc.ca>; ATIPB ATIPB <atipb at rcmp-grc.gc.ca>; CSIS <info at csis.org>; chrystia.freeland at parl.gc.ca <chrystia.freeland at parl.gc.ca>Sent: Thursday, May 9, 2019, 11:16:49 a.m. EDTSubject: Enbridge Line 10 was just sold to a US based shell company operating out of BC
  Dear Hon. Prime Minister and ministers 

 The Canadian government via the National Energy Board has just given full approval to transfer the ownership of a high pressure oil pipeline called Enbridge Line 10  to a US based shell company located in BC. This new company has no assets or liabilities to their name but are owned by US based United Refining Co. in the US. 
Line 10 begins at the United Refining oil terminal in Warren PA and it makes it's way into Canada crossing the Niagara river. It goes through marshland habitats of Jefferson Salamanders and farmlands in the Galt Paris Moraine through Six Nations over the Haldimand Tract in an area that is linked to Karst: Underground cave formations formed where the limestone was dissolved with the groundwater.  The Line 10 was subject to ruptures in the past with a well known incident that took place in Binbrook ON. There is a TSB report about that incident. I also have the geological data showing how the line is crossing known geological fault lines and all this information was presented to the National Energy Board in my sworn affidavits. 
The NEB's recent approval for Enbridge to sell the pipe to Westover Express is basically transferring the conditions of a tax free Canadian Master Limited Partnership (MLP) agreement to a US based company which makes me wonder how this will benefit Canadian taxpayers. The decision is online here: 
https://apps.neb-one.gc.ca/REGDOCS/Item/View/3777908

To speed things up I've taken screen shots to show you the basic issues I see.  
1. Look at the topics deemed outside the scope in the first photo. It's a crazy list because these are basically all the topics that should reasonable be reviewed when considering the sale of a high pressure oil pipeline. It lacks regard for fiscal prudence ie: Is Enbridge solvent?  It negates the physical structure as well as upstream and downstream impacts etc. 
2. The NEB is tinkering around with conditions of previously approved CPCN certificates which are Certificates of Public Need. (see second photo in attachments). Now this isn't happening by way of any formal hearings here. I got in because the NEB was debating whether or not to have a hearing on this topic. As a delegate I fought to make this process a public hearing but the NEB decided to permit the sale without so the normal conditions of a normal NEB hearing hasn't applied here. We have not had the chance to give oral traditional knowledge or to cross exam experts etc. 
3. The third and fourth photo shows the dates and times of the so called consultations they did with First Nations and their Shippers but the meetings all took place in Jan-Feb 2018 before the company buying the pipeline even existed. 
4. The fifth photo shows how Enbridge admits the company buying this pipeline didn't even exist until March 26, 2018. That date stuck out to me because it's on my birthday. Enbridge admitted the company had no assets or liability. It was designed specifically to buy this pipe.  The full document speaking of the incorporation of Westover Express is the second one listed on the NEB website here which was presented to the board earlier during this process. National Energy Board - REGDOCS - A94061 Enbridge Pipelines Inc. - Joint Application by Enbridge and Westover Express for the Sale and Purchase of Line 10 - Enbridge and Westover Response to NEB IR No. 2

5. The owner of Westover Express is a company called United Refining Company. They have a long list of safety violations and have fracking permits under their oil tanks at the refinery that connnects to Enbridge Line 10. Here are some examples of media releases covering the many dangerous issues of this terminal where Line 10 begins.  
https://www.pennlive.com/news/2017/06/abnormally_dangerous_pa_court.html
https://www.reuters.com/article/us-refinery-operations-united-refining/fire-breaks-out-at-70000-bpd-oil-refinery-in-warren-pennsylvania-fire-department-idUSKBN1HN03M

http://www.post-journal.com/news/latest-news/2018/09/tank-fire-doused-at-united-refining-in-warren/

6. The guy who owns United Refining Co. is a major Donald Trump supporter. How does a guy go from owning grocery stores in New York to owning an Oil Refinery in PA?  It's an interesting background to the situation. https://www.forbes.com/sites/chasewithorn/2018/08/07/these-5-billionaires-are-dining-with-president-trump-tonight/#75fa62e3e61e
Previously I was a delegate of the Enbridge Line 10 hearing regarding the replacement of the old oil line. During that hearing, they changed the route of the replacement pipe just a few weeks prior to the hearing but they used the original Environmental Assessment, conducted on the old location, to permit the pipeline approval.  See Attachments. The first is the cover of the Environment Assessment they used to permit the pipeline replacement and the next is the letter from Enbridge confirming they changed the route at the later date. The NEB and all delegates had this knowledge but the board granted a permit without an Environmental Assessment on the new property anyway and I witnessed the installation of the line. The work was done by SNC Lavalin and I watched as they cut into aquifers along the Paris Galt Moraine, offsetting water in an area with limestone deposits right underneath hydro towers. The change of water could result in the dissolving of the support of the hydro towers. The area is full of kettle ponds and underground caves made by the water dissolving the limestone.  I worry how the installation of these pipes will impact the long term security of the Hydro Tower structures. My videos of this are online here and it was the MOE Guelph office who confirmed it was SNC Lavalin doing the job in that area. 
Videos are here: https://www.youtube.com/watch?v=OsNoZvzkmYY

https://www.youtube.com/watch?v=41OSM3fSNCI 

I raised the issue with the Ministry of Environment, Ministry of Natural Resources, the  Labour Ministry, Professional Engineers Ontario, the NEB, my MP and MPP and the Ontario Ombudsman as well as the RCMP and the OPP but they were all powerless to do anything. The Ombudsman said it was an NEB issue but I argued the folks signing off work for the Province but they still refused to investigate. The entire project was approved by the Prime Minister's Office using section 58 orders of the National Energy Board Act. When I called the Ontario MOE to secure a copy of the water taking permit needed for this work they didn't even have the data of this project in their systems. I don't know if a water taking permit existed but it should. In the attachments are the ministries that were supposedly involved with this project. Source of this document is Sam Sele at the National Energy Board. I went to the OPP and RCMP repeatedly. Sometimes they mishandled the case and I'd send complaints into the Independent Police Board for review. That's how I secured the photos in the attachments shedding some light to the fact it points to the PMO's office. For me the Enbridge Line 9 and Line 10 issue was all connected because the patterns of approval coming from the PMO appear to be similar. Harper gave himself Veto power over the NEB with his first major omnibus bill. 
Technically it is illegal for anyone to do work on a high pressure oil pipeline without the water taking permit or CPCN certificate in hand. I asked for that at the site but staff refused to provide it. I called police to help but they didn't. 
Here is the web page with all the documents of the Sale of Line 10 process. https://apps.neb-one.gc.ca/REGDOCS/Item/View/3562780
After the decision for the sale was issued, I submitted this letter of response because I don't think Enbridge is solvent enough to meet the fiscal requirements of the pipeline sale. The first is the letter the second is a supporting document showing how Enbridge expected to end 2018 with a leverage ratio of 5.0 times debt to EBITDA (earnings before interest, taxes, depreciation, and amortization)—“a bit higher than its comfort zone”— not including a “massive slate” of $16.7 billion in additional pipeline projects (DiLallo 2018).  
My letter below with supporting attachment is here: https://apps.neb-one.gc.ca/REGDOCS/Item/Filing/A99286

Going back to the Letter Decision, I note how the transfer of assets appears designed to avoid taxation and to avoid paying a higher liability fee. That whole topic is covered in 2.3.2 and there are already concerns that the money will not be sufficient to address a spill. Canada is expected to implement a new 1 billion liability coverage policy in July 11/2019 which might explain why Enbridge and Westover Express are rushing this through. 
If you have any questions or comments regarding this information please feel free to contact me. 
I feel very concerned about this issue and I would like to secure a fiscal audit to show proof of concept to help protect the interest of Canadians. 
Thank you. 
Louisette Lanteigne700 Star Flower Ave.Waterloo Ont.N2V 2L2 

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