Tundra Energy Marketing Limited Westspur Pipelines Limited (TEML Westspur) Complaint by Crescent Point Resources Partnership (Crescent Point)

Transcription

1 Tundra Energy Marketing Limited Westspur Pipelines Limited (TEML Westspur) Complaint by Crescent Point Resources Partnership (Crescent Point) File OF-Tolls-Group2-T Hearing Order 25 August 2017

2 -2- Table of Contents 1 Hearing Overview Participation in this Hearing Steps in the Hearing The Board issues the List of Participants Crescent Point files additional evidence Information requests to Crescent Point Crescent Point responds to information requests TEML Westspur and Intervenors file written evidence Crescent Point and Intervenors submit information requests to TEML Westspur and other Intervenors TEML Westspur and Intervenors respond to information requests The Board s information requests Oral Cross Examination and/or Oral Argument The Board closes the record and makes a decision Procedures Preparing your document How do I file documents with the Board? Contact Information The Board s contact information for filing documents Regulatory Officer Contact information for the parties to date...8 List of Appendices Appendix I List of Issues...9 Appendix II List of Interested Persons...10 Appendix III Timetable of Events...13

3 -3-1 Hearing Overview On 9 June 2017, the National Energy Board (Board or NEB) received a complaint pursuant to Part IV of the National Energy Board Act (NEB Act) and section 19 of the National Energy Board Rules of Practice and Procedure, 1995 (Rules) regarding operational practices that Crescent Point states are inconsistent with the Westspur Tariff Rules and Regulations, and concerns regarding the potential for shipper information provided to TEML Westspur to be disseminated and used by Tundra Energy Marketing Limited (TEML), TEML Westspur s parent, and/or its affiliates (Complaint). In its Complaint, Crescent Point asked for the following relief: 1. pursuant to sections 19, 59 and 66 of the NEB Act: a) an order requiring TEML Westspur, TEML and its affiliates to carry out the process relating to the equalization of crude quality differences in a fair and equitable manner in full compliance with the detailed procedures set forth in the Quality Equalization Steering Committee procedures, regardless of the affiliation a shipper has with TEML; b) an order that TEML, TEML Westspur, and its affiliates immediately file with the Board an inter-affiliate code of conduct that is consistent with those of other NEB-regulated pipelines and that addresses shipper concerns, for review and approval; 2. pursuant to sections 20 and 48 of the NEB Act, an order disallowing the connection of TEML s Butane Line to the NEB-regulated Steelman Terminal; and 3. pursuant to section 20 of the NEB Act, such further or other relief as the Board may consider appropriate. On 21 June 2017, the Board solicited comments on the Complaint, including comments on further process, from interested persons and TEML Westspur, and reply comments from Crescent Point. The Board has considered the comments filed by interested persons and Crescent Point s reply to those comments. The Board has decided to establish a public hearing to consider the issues raised in the Complaint. The Board will receive written evidence and give an opportunity to exchange information requests. The Board will issue its decision at a later date on how it will proceed with final argument. At the conclusion of the public hearing, the Board will release a report setting out its decision, taking into account the evidence on the record. The steps and deadlines in the hearing, as outlined in this document, are important to make the hearing fair, transparent and efficient, and to provide certainty to all those involved.

4 -4-2 Participation in this Hearing The Board has decided to use the Participation Portal in order for participants to file documents for this proceeding. The Participation Portal is accessed by registering through Apply to Participate (the ATP system) using an NEB account. Instructions on how to register are provided below. Persons who use the Participation Portal may choose to have the system send an Automated Service Notification on your behalf by to all Intervenors who have provided a valid address. The Board will accept this Automated Service Notification as equivalent to the service required under the Rules. If you do not wish to use the Automated Service Notification option, you are required to serve all participants yourself using any of the methods allowed under the Rules (i.e., , facsimile, courier, regular mail or hand delivery). In either case, the Participation Portal cannot serve participants who have not provided an address; it is your responsibility to serve a hard copy of your submission on any participant who has not provided an address. TEML Westspur, the pipeline company, is automatically registered in the Participation Portal. Crescent Point, the Complainant, will need to register in the ATP system to use the Participation Portal. In addition, the Board has decided to grant standing to all persons who provided comments in response to the Board s 21 June 2017 letter inviting comments, and to all persons in Appendix II of this hearing order, provided they register before the deadline. These persons, along with Crescent Point, will need to register through the ATP system, described below, by 7 September If you are granted pre-decided standing but have not registered by 7 September 2017, you will not be on the List of Participants, which will be issued soon after this date. If other persons wish to participate in this hearing, you must apply to participate. Applicants may apply to participate as an Intervenor and must clearly describe their interest in relation to the List of Issues for the hearing, included in Appendix I of this hearing order. Your Application to Participate must be submitted on or before 7 September The Board will release a List of Participants, which will consist of Crescent Point, TEML Westspur, and Intervenors (the Participants), soon after the close of the application to participate process. The Board has decided not to include Letters of Comment as a method of participation in this process. To register in the ATP system, go to the Board s website select Submit Applications and Regulatory Documents under Applications & Filings, then select Apply to Participate and then Crescent Point Complaint. Follow the instructions to obtain an NEB Account and complete your Application to Participate form. If you have questions about obtaining an NEB Account and/or completing the Application to Participate form in the Participation Portal, you can contact the Regulatory Officer, listed in Section 5.2, for help.

5 -5-3 Steps in the Hearing Appendix III shows the timetable of events and deadlines. All deadlines referred to in this section are at noon, Calgary time. 3.1 The Board issues the List of Participants The Board will issue a List of Participants shortly after the deadline to register or apply to participate. If you are a Participant, you must notify us if your contact information changes. 3.2 Crescent Point files additional evidence On or before 15 September 2017, Crescent Point must file with the Board any additional written evidence to supplement its Complaint and serve a copy on TEML Westspur and all Intervenors. 3.3 Information requests to Crescent Point Intervenors and TEML Westspur can submit information requests of Crescent Point on or before 5 October Every information request must be relevant to the evidence that has been placed on the record and/or be related to the issues identified in Appendix I. Copies of all information requests are to be served on TEML Westspur and all other Participants. 3.4 Crescent Point responds to information requests On or before 26 October 2017, Crescent Point must file responses to all information requests with the Board, and serve a copy on TEML Westspur and all Intervenors. 3.5 TEML Westspur and Intervenors file written evidence On or before 16 November 2017, TEML Westspur and all Intervenors must file their evidence with the Board, and serve a copy on TEML Westspur and all Intervenors. 3.6 Crescent Point and Intervenors submit information requests to TEML Westspur and other Intervenors Crescent Point and Intervenors may ask questions about the evidence of TEML Westspur and other Participants by submitting information requests on or before 7 December Copies of all information requests are to be served on TEML Westspur and all other Participants. 3.7 TEML Westspur and Intervenors respond to information requests On or before 9 January 2018, TEML Westspur and Intervenors must file responses to the information requests they receive. 3.8 The Board s information requests The Board may submit information requests to Participants at any time up to the start of final argument.

6 Oral Cross Examination and/or Oral Argument The Board may choose to add an oral component to the schedule, including oral cross examination and/or oral argument. The Board will release a procedural update regarding oral cross examination and/or oral argument at a later date The Board closes the record and makes a decision Once the record is closed, the Board then considers all relevant evidence on the record before rendering its decisions. Within 12 weeks from the close of the record, the Board will issue its decisions. All Participants will be notified of the impending release of the Reasons for Decision and it will be posted on the Board s website. 4. Procedures 4.1 Preparing your document Every document filed with the Board or served on other Participants must refer to Hearing Order and File No. OF-Tolls-Group2-T Address the document(s) to the proper recipient. For example, anything to be filed with the Board should be addressed to the Secretary of the Board. Documents specifically for others should be addressed to them using the List of Participants as a guide. The document pages must be numbered consecutively, including blank pages, so the electronic page numbers match the page numbers shown on the document. Also, please use the latest version of Adobe Acrobat. Due to system constraints, all files must be less than 5 megabytes. If a document is over that file size, it will need to be split into two or more files that fall under the size limit before filing. Every document filed with the Board needs a signature. If information on a website is referenced in a document: insert a PDF or a reference to the website, so anyone accessing the website may access the exact information being referred to; make sure the reader does not require a password or subscription to get the information; and file a hard copy with the Board of all the information being referred to. Website information may change over time. Therefore, only the PDF copy will become part of the official record in this proceeding. Please note that documents cannot be submitted by way of to the Board.

7 How do I file documents with the Board? All documents submitted to the Board become part of the public registry. We require you to file your documents using your online NEB Account, or by using e-file, if you are able. Submit Documents by NEB Account To file your documents using your online NEB Account, you must follow these steps: Prepare your documents as explained in Section 4.1. Sign into your NEB Account using your GCKey user ID and password, which you created when you applied to participate. You should see the Welcome Portal page, click continue. You will see a list of the hearings you can participate in. Locate Crescent Point Complaint, click on Submit Documents Electronically and follow the instructions. Under Step 8 - Service Options and Submission of Complete Form, you may choose to have the Board s Participation Portal send an Automated Service Notification on your behalf by to all Intervenors who have provided a valid address. To make use of this service, click on Yes, I want to use the Participation Portal s Automated Service Notification option for all Participants who have provided an address. Once you have completed your submission through the Portal, you will receive two s: your filing receipt where you need to verify your attachments; and important instructions including the contact information of the Participants who have not provided an address. There may be a large volume of materials circulated during the hearing so some Participants prefer to create an address specifically for the hearing. Submit Documents by e-file To e-file documents, you must follow these steps: Prepare the document as explained in Section 4.1. Go to our website, Under Applications & Filings, click on Submit Applications and Regulatory Documents and follow the instructions. Refer to the Filer s Guide to Electronic Submission document. You will receive an containing a submission receipt. Print the submission receipt and sign it. Send one hard copy of the e-filed document(s) and one hard copy of the signed submission receipt to us by mail, hand delivery or courier. See Section 5.1 for our contact information.

8 -8-5. Contact Information 5.1 The Board s contact information for filing documents Secretary of the Board National Energy Board Suite 201, 517 Tenth Avenue S.W. Calgary, AB T2R 0A8 Telephone Toll-free telephone Facsimile Toll free facsimile Regulatory Officer If you need help with filing documents, please contact the Regulatory Officer at: Ms. Lori-Lee Turcotte lori-lee.turcotte@neb-one.gc.ca Telephone Toll-free phone Facsimile Toll free facsimile Contact information for the parties to date Crescent Point Resources Partnership Mr. Gordon M. Nettleton McCarthy Tétrault LLP Suite 4000, th Avenue SW Calgary, AB T2P 4K9 gnettleton@mccarthy.ca Mr. Gillon Brownie Crescent Point Resources Partnership Suite 2000, th Avenue SW Calgary, AB T2P 1G1 gbrownie@crescentpointenergy.com TEML Westspur Pipelines Limited Mr. Bernard Roth Dentons Canada LLP 15th Floor Bankers Court 850 2nd Street SW Calgary, AB T2P 0R8 bernard.roth@dentons.com Mr. Steve Cabana TEML Westspur Pipelines Limited Suite 3100, th Avenue SW Calgary, AB T2P 2X6 Steve.Cabana@teml.com

9 -9- Appendix I List of Issues The Board has identified but does not limit itself to the following issue for discussion in the proceeding: 1. The appropriateness of the TEML Westspur Rules and Regulations Governing the Transportation of Crude Petroleum (Westspur Tariff). 2. TEML and TEML Westspur s compliance with the Westspur Tariff, and in particular with respect to: a. Crude Petroleum Quality Specifications, and b. Quality Equalization. 3. The impacts of transporting butane on the TEML Westspur Pipeline. 4. The appropriateness and applicability of TEML s Code of Conduct as it relates to TEML Westspur. 5. The request to disallow the connection of the Butane Line to the TEML Westspur Steelman Terminal.

10 -10- Appendix II List of Interested Persons (Ministers of Justice / Attorney Generals Ministres de la justice / procureur générals) The Honourable Nathalie G. Drouin Deputy Minister of Justice and Deputy Attorney General of Canada East Memorial Building 284 Wellington Street, Room 4121 Ottawa, ON K1A 0H8 Telephone/téléphone: Facsimile/télécopieur: /courriel: Nathalie.G.Drouin@justice.gc.ca The Honourable Jody Wilson-Raybould Minister of Justice and Attorney General of Canada House of Commons Ottawa, ON K1A 0A6 Telephone/téléphone: Facsimile/télécopieur: /courriel: Jody.Wilson-Raybould@parl.gc.ca The Honourable Kathleen Ganley Minister of Justice and Solicitor General Province of Alberta 424 Legislature Building th Avenue Edmonton, AB T5K 2B6 Telephone/téléphone: Facsimile/télécopieur: /courriel: ministryofjustice@gov.ab.ca The Honourable Heather Stefanson Minister of Justice and Attorney General Province of Manitoba Room 104 Legislative Building 450 Broadway Winnipeg, MB R3C 0V8 Telephone/téléphone: Facsimile/télécopieur: /courriel: minjus@leg.gov.mb.ca

11 -11- The Honourable Gordon Wyant, Q.C. Minister of Justice and Attorney General Province of Saskatchewan Room 355 Legislative Building 2405 Legislative Drive Regina, SK S4S 0B3 Telephone/téléphone: Facsimile/télécopieur: /courriel: (Other Government Departments or Agencies / Ministères et autres organismes gouvernementaux) Mr. Jack Shaw Director, Regulatory Affairs Alberta Department of Energy 300, th Avenue SW Calgary, AB T2P 3W2 Telephone/téléphone: Facsimile/télécopieur: /courriel: jack.shaw@gov.ab.ca Mr. Douglas Larder, Q.C. Executive Director & General Counsel-Law Alberta Utilities Commission Fifth Avenue Place 4 th Floor, st Street SW Calgary, AB T2P 3L8 Telephone/téléphone: Facsimile/télécopieur: /courriel: doug.larder@auc.ab.ca Mr. Jim Crone Director, Petroleum Branch Manitoba Mineral Resources Suite Ellice Avenue Winnipeg, MB R3G 3P2 Telephone/téléphone: Facsimile/télécopieur: /courriel: jim.crone@gov.mb.ca

12 -12- The Honourable Jeremy Harrison Minister of the Economy Government of Saskatchewan 2405 Legislative Drive, Room 346 Regina, SK S4S 0B3 Telephone/ téléphone: Facsimile/télécopieur: /courriel: (Associations, Groups & Businesses / les associations, les groupes et les entreprises) Mr. Nick Schultz Vice President, Pipeline Regulation and General Counsel Canadian Association of Petroleum Producers 2100, th Avenue SW Calgary, AB T2P 3N9 Telephone/téléphone: Facsimile/télécopieur: /courriel: schultz@capp.ca Mr. Chris Bloomer President and CEO Canadian Energy Pipeline Association Suite 1100, rd Street SW Calgary, AB T2P 3E6 Telephone/téléphone: Facsimile/télécopieur: /courriel: info@cepa.com Mr. Gary Leach President Explorers and Producers Association of Canada Suite 1060, 717 Seventh Avenue SW Calgary, AB T2P 0Z3 Telephone/téléphone: Facsimile/télécopieur: /courriel: info@explorersandproducers.ca

13 -13- Appendix III Timetable of Events Events Responsible Participant Date or Deadline (noon Mountain time) Release Hearing Order and List of Issues Hearing Order and covering letter to be served on shippers, those persons who submitted letters of comment, the List of Interested Persons in Appendix II and other interested persons. Board 25 August 2017 TEML Westspur 30 August 2017 Registration for those persons to whom the Board has granted standing Crescent Point, persons who submitted letters of comment and the List of Interested Persons in Appendix II 7 September 2017 Apply to the Board to participate as an Intervenor Interested persons 7 September 2017 Release List of Participants Board Soon after the ATP deadline Submit additional written evidence Crescent Point 15 September 2017 Submit Information Requests to Crescent Point Intervenors, Board and TEML Westspur 5 October 2017 Respond to the Information Requests Crescent Point 26 October 2017 Submit written evidence TEML Westspur and Intervenors 16 November 2017 Submit Information Requests to Crescent Point, Board, TEML Westspur and 7 December 2017

14 -14- TEML Westspur and Intervenors Intervenors Respond to Information Requests TEML Westspur and Intervenors 9 January 2018 File reply evidence Crescent Point To be determined Final Argument Crescent Point, TEML Westspur and Intervenors To be determined