Jacobs Techmemo
Total Page:16
File Type:pdf, Size:1020Kb
450 - 1 Street SW Calgary, Alberta T2P 5H1 Tel: (403) 920-2940 Fax: (403) 920-2347 E-mail: [email protected] September 28, 2020 Filed Electronically Canada Energy Regulator Suite 210, 517 Tenth Avenue SW Calgary, Alberta T2R 0A8 Attention: Mr. Jean-Denis Charlebois, Secretary of the Commission Dear Mr. Charlebois: Re: NOVA Gas Transmission Ltd. (NGTL) 2018 Meter Stations and Laterals Abandonment Program (2018 Abandonment Program) MHW-003-2019, Order ZO-008-2019 and Amending Order AO-001-ZO-008-2019 (Order, as amended) Project Update: Saddle Lake West Lateral Abandonment File No.: OF-Fac-Gas-N081-2018-16 01 On December 20, 2019, the Canada Energy Regulator (CER or Commission) issued the Order, as amended, approving the 2018 Abandonment Program.1 NGTL writes to update the CER of a change in abandonment method for the Saddle Lake West Lateral, which was previously contemplated as part of the 2018 Abandonment Program application approved by the CER. Abandonment Method – Saddle Lake West Lateral In its application, NGTL proposed to abandon a 13.54 km section of the Saddle Lake West Lateral (SLW Lateral) located on and within Saddle Lake Cree Indian Reserve No. 125 (SLC IR No. 125) entirely by removal,2 and noted that while the lateral crosses two watercourses, being the Saddle Lake Creek and an unnamed tributary to the North Saskatchewan River (Watercourses), no in-stream or riparian work would be required.3 NGTL further advised it was working with Saddle Lake Cree Nation (SLCN) to conduct on-site field surveys to better understand site conditions for the SLW Lateral’s removal.4 NGTL has since conducted on-site field surveys in October 2018 and July 2020 with SLCN. With the information it gathered through the field survey, NGTL reassessed the appropriateness 1 CER Filing ID: C03865. 2 NEB Filing ID: A94221-1, PDF page 10 of 34, PP. 17. 3 NEB Filing ID: A94221-10, PDF page 28 of 127. 4 NEB Filing ID: A94221-1, PDF page 30 of 34, PP.74. September 28, 2020 Mr. Charlebois Page 2 of 7 of its abandonment method for sections of the SLW Lateral within the Watercourses and its prior conclusion that no instream work would be required. In light of potential safety and engineering risks, NGTL identified with removing the pipe from either side of the Watercourse crossings, NGTL has determined that instream activities is required to safely remove the pipe within the Watercourse crossings. Environmental and Socio-Economic Assessment (ESA) NGTL proposes to conduct work in riparian areas of the Watercourses and instream activities in Q4 2020 using conventional trenching methods (isolated if water present, open-cut if dry or frozen-to-bottom) while water levels are low and/or under frozen conditions. NGTL’s consultant (Jacobs) has reviewed and reassessed the environmental and socio-economic interactions for the SLW Lateral relative to the instream work and riparian activities now proposed (Appendix 1). Jacob’s concluded that while some of the previously assessed conclusions for the SLW Lateral site have changed, due to the short duration and localized nature of the revised scope of work in combination with applicable Environmental Protection Plan (EPP) mitigation measures to be employed by NGTL, that there are no instances of a significant residual or cumulative environmental or socio-economic effects. Jacob’s ESA Update is attached as Appendix 1. Additional mitigation measures for the instream activities proposed are outlined in Table 1-2 of Appendix 1, and in Attachments 1 to 3 of Appendix 1. In addition, the EPP for the 2018 Abandonment Program also has a comprehensive suite of effective Contingency and Management Plans (EPP, Appendix 1E and 1F) for managing unplanned scenarios that will be implemented should such scenarios may arise during the work.5 Consistent with its application, NGTL confirms that all removed pipe and other wastes associated with the activities will be salvaged and/or disposed of at an approved disposal facility.6 Stakeholder Engagement Saddle Lake Cree Nation NGTL’s application provided an overview of engagement activities with SLCN from May 14, 2018 to September 17, 2018.7 NGTL’s response to NEB 2.5 provided an engagement update up to May 3, 2019,8 and Condition 9: Plan for Participation in Monitoring and Reclamation of Physical Abandonment Activities on Reserve Land by SLCN (SLCN Plan) 5 NEB Filing ID: A94221-10, PDF pages 81 to 122 of 127. 6 NEB Filing ID: A94221-1, PDF page 11 of 34, PP. 19. 7 NEB Filing ID: A9422-1, PDF page 26 of 34, PP. 57 and NEB Filing ID: A9422-6, PDF pages 26 to 28 of 35. 8 NEB Filing ID: A99355, PDF pages 227 to 231 of 242. September 28, 2020 Mr. Charlebois Page 3 of 7 provided an engagement update up to June 26, 2020.9 NGTL includes below, an update on engagement activities with SLCN for the period of June 27, 2020 to September 25, 2020. Between June 27 and July 7, 2020, NGTL and SLCN corresponded through text messaging and agreed to a telephone call on July 7, 2020. NGTL telephoned SLCN to discuss the 2018 Abandonment Program and provided SLCN details on the implementation of the Aboriginal Construction Participation Program. SLCN stated they have no concerns with the SLCN Plan and will review it and contact NGTL if they have any questions. On July 7, 2020, NGTL also emailed a copy of the Condition 5: Phase II Environmental Site Assessment Plan (Phase II ESA Plan),10 and Condition 9: SLCN Plan.11 On July 9, 2020, NGTL, SLCN and Indian Oil and Gas Commission (IOGC) met via video/teleconference to discuss the upcoming abandonment activities at SLW Lateral. The following summarizes the meeting: NGTL provided a high-level scope of work and requested to arrange a site visit for SLCN to reassess the Watercourse crossings as NGTL identified possible constraints for the pipe removal and requirement for temporary workspace (TWS), at these crossings. SLCN requested NGTL provide proposed dates to conduct the site visit, and NGTL committed to follow-up with potential dates for the site visit. With regard to the use of TWS, SLCN and IOGC indicated this is a joint process between the two. IOGC advised that new applicable regulations had come into effect August 1, 2019 and is in the process of drafting the TWS permit and Band Council Resolution (BCR) to be executed by SLCN. SLCN, IOGC and NGTL agreed to continue to work through the TWS and BCR process and obtain all required authorizations prior to commencement activities on and around the SLW Lateral. NGTL also inquired on the status of the road use agreements. SLCN requested that another copy of the road agreements be provided, and advised that they are in discussions with Chief and Council to obtain approval. NGTL provided a summary of its engagement with a SLCN partnership, in contracting opportunities for activities pertaining to the SLW Lateral removal. NGTL and SLCN briefly discussed on-site environmental monitors and the SLCN Plan (Condition 9), as filed with the CER. SLCN had no issues or concerns with the updates and advised SLCN is looking forward to working with NGTL on the 2018 Abandonment Program. On July 14, 2020, NGTL provided SLCN an email update on the 2018 Abandonment Program explaining that on January 27, 2020, NGTL submitted a request to the CER to vary Condition 5 9 CER Filing ID: C07187. 10 CER Filing ID: C06969. 11 CER Filing ID: C07187. September 28, 2020 Mr. Charlebois Page 4 of 7 of the Order.12 NGTL also advised that on June 22, 2020, the CER granted the request, and directed further amendments to the Conditions of the Order.13 As directed by the CER, NGTL advised it was providing SLCN a copy of the letter, Appendix 1, and Amending Order.14 NGTL requested that SLCN contact NGTL if they have any questions. On August 10, 2020, NGTL telephoned SLCN to provide a further update on the abandonment schedule for the SLW Lateral, advising that it would be deferred until October 2020. SLCN indicated disappointment with the deferred timeline and potential economic interest as the SLW Lateral abandonment was originally scheduled to begin in October of 2019. On August 11, 2020, NGTL provided SLCN a copy of the CER’s letter approving Condition 5: Phase II ESA Plan and providing relief of timing requirements to Condition 6: Egg-Pony Caribou Range Habitat Restoration Plan, as directed by the CER.15 On August 20, 2020, NGTL provided SLCN an email update on the abandonment schedule for the SLW Lateral. NGTL explained the schedule was being deferred to mid-October 2020 as the proposed work would interfere with the harvest of mature Canola crops. NGTL further explained that by deferring mulching beyond August 2020 it will optimize the reclamation of topsoil, and minimize crop loss on cultivated sections of the right-of-way (ROW). On August 24, 2020, NGTL and SLCN exchanged text messages to confirm a time to discuss the Project and specifically the SLW Lateral, and SLCN telephoned NGTL later that day. NGTL explained that due to the deferred abandonment schedule, NGTL would like to meet with SLCN Leadership to discuss the deferral and the abandonment plan specific to the SLW Lateral Watercourse crossings. NGTL emphasized the importance of discussing the abandonment plan to ensure SLCN is aware and informed of all activities associated with the removal of the SLW Lateral. SLCN agreed to coordinate with SLCN Chief and Council and provide NGTL a confirmed date. SLCN tentatively scheduled for the week of September 15, 2020 and advised it would follow-up with NGTL on a confirmed date.