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National Energy Board issues enforcement decisions
March 2, 2016 - Calgary, Alberta - National Energy Board
The National Energy Board (NEB) has released decisions that follow Requests for Review of two Administrative Monetary Penalties issued to Westcoast Energy Inc., carrying on business as Spectra Energy Transmission (Westcoast), and Enbridge Pipelines Inc. (Enbridge), respectively.
In the matter of Westcoast, the company received a $28,000 AMP (AMP 009-2015) for its failure to report on the effectiveness of mitigation measures implemented as part of the company’s Transmission North Expansion project. The NEB has found no evidence that Westcoast was aware that a violation had been committed, and that the violation was a primarily a reporting failure. Accordingly, the NEB has upheld the violation, but has reduced the total gravity value and therefore the penalty to $4,000.
In the matter of Enbridge, the company received a $52,000 AMP (AMP 010-2015) for non-compliance with Onshore Pipeline Regulations. During the NEB review, the company accepted that a violation occurred, but the total gravity value was incorrectly determined. The NEB agreed that a violation occurred and has reduced the gravity value in relation to the risk of harm to the environment. As a result, the NEB has reduced the penalty to $28,000.
In both decisions, the NEB notes that the violations occurred, but the values applied were incorrectly assessed.
- Under the NEB Act, companies are entitled 30 days from issuance of the penalty to request a review of the penalty amount or the facts of the violation, or both.
- In July 2013, the NEB was granted the legislative authority to issue administrative monetary penalties.
- Since May 2014, the NEB has issued 18 administrative monetary penalties, the details of which are posted on the Compliance and Enforcement section of the NEB’s website.
The National Energy Board is an independent federal regulator of several parts of Canada's energy industry with the safety of Canadians and protection of the environment as its top priority. Its purpose is to regulate pipelines, energy development and trade in the Canadian public interest. For more information on the NEB and its mandate, please visit www.neb-one.gc.ca.
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