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National Energy Board Hearing Order MH-3-2008 Enbridge Pipelines Inc

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National Energy Board Hearing Order MH-3-2008 Enbridge Pipelines Inc National Energy Board Hearing Order MH-3-2008 Enbridge Pipelines Inc. Alberta Clipper Pipeline Project Detailed Route Hearing Written Argument of Lyle Denton & Florence Denton, and John Denton & Louis Denton Enbridge’s proposed route south of Regina is not the best possible detailed route for the Alberta Clipper pipeline. It is not the best possible detailed route for the short-term, and it is not the best-possible detailed route for the long-term. Regina is a city of some 205,000 residents that has experienced a relative economic boom in the recent past, and its future continues to look bright. 1 Lyle Denton and Florence Denton, and John Denton and Louis Denton are landowners on the edge of the city. Lyle and Florence have developed land in the past, and both families envision the development of South Regina lands in the future. The location of a major international energy pipeline corridor on their properties, however, will have significant and lasting negative effects on their ability to develop their lands as part of the future development of the City of Regina and surrounding municipality. They ask the Board to find that the route proposed by Enbridge for the Alberta Clipper pipeline is not the best possible detailed route. There are better alternatives further to the south which do not change the nature of the pipeline project, but which do protect the future interests of affected landowners and the broader Regina- area community. When it originally planned for the Alberta Clipper pipeline, Enbridge turned its mind to its existing mainline route that runs through the north end of the city. This route was unsuitable because of the congestion in the area, and so Enbridge looked at alternative routes to the north of 1 Exhibit C-6-19c – Denton Written Information, Ex. 18. - 2 - the city limits. These routes, however, were also rejected by Enbridge because, in part, there were landowner concerns in that area about proximity of the route to “homes and acreages”. 2 Those landowners suggested that Enbridge look at the Alliance pipeline route to the south of Regina.3 And so Enbridge shifted its focus south of Regina. However, what Enbridge did not do is to look at the route following established National Energy Board-regulated corridors (Alliance and Spectra) close to the hamlet of Rowatt that is proposed by the Dentons in this proceeding as the best possible detailed route for the Alberta Clipper pipeline (Alternate Route 1). When Enbridge looked at possible routes to the south of Regina, there is no indication that this more southerly route was ever considered. That is not surprising, since Enbridge had settled upon its currently proposed route south of Regina in April, 2007, before it had consulted with landowners south of Regina. 4 When it did consult in May, 2007 at an open house in Grand Coulee, Lyle Denton told Enbridge directly about his concerns for future urbanized development of the lands south of Regina through which Enbridge proposed to route its pipeline. 5 His concerns obviously did not convince Enbridge that it had made the wrong choice. Enbridge applied for its Certificate of Public Convenience and Necessity later that month. Nor did these concerns convince Enbridge when Lyle Denton expressed them again in a June, 2007 meeting with Enbridge representatives. 6 Country residential development had been an issue for Enbridge and affected landowners north of Regina, further from the city limits than the Dentons’ lands, but was not an issue for Enbridge to the south of Regina. 7 It is submitted that 2 Enbridge Certificate Application, Section 6.2.6(d); Transcript, Vol. 1, paras. 480-481. 3 Ibid . 4 Transcript, Vol. 1, paras. 636-639. 5 Transcript, Vol. 2, para. 1506. 6 Transcript, Vol. 2, para. 1507, 1510. 7 Transcript, Vol. 1, para. 483; Transcript, Vol. 2, paras. 1346-1347. - 3 - this discrepancy reflects deficiencies in the decision-making process that led to the choice of the route proposed by Enbridge that should be considered by the Board when judging whether the proposed route is the best possible detailed route. There is evidence from Enbridge that the development plans of the City of Regina and the RM of Sherwood formed part of the analysis by Enbridge of its proposed route from the time it was identified in late 2006 – early 2007. However, the evidence provided is problematic. There is nothing in the written record of the OH-4-2007 Certificate proceeding that specifies that these development plans were part of the routing analysis. What is offered by Enbridge now in this proceeding is the evidence of Tim Cheesman, a well-qualified land use planning and management consultant. Mr. Cheesman testified that he was not consulted by Enbridge until February, 2009 8, and says only that he was working for other clients dealing with land development proposals along the proposed Alberta Clipper pipeline route. 9 This evidence, it is submitted, is not evidence that Enbridge undertook the necessary review and analysis of future development planning in the Regina-area as part of its choice of the proposed route south of Regina. By contrast, Karl Gilmore, who was directly involved in the Enbridge route selection process, confirmed that no potential for commercial or residential development in South Regina was identified by Enbridge because the land was currently zoned agricultural. 10 Yet, in May and June, 2007, Lyle Denton had advised Enbridge of this potential. 11 Also, the Regina Development Plan has since 2004 indicated the potential long-term residential development of lands through which Enbridge has proposed to route the Alberta Clipper pipeline (Sections 36- 8 Transcript, Vol. 1, para. 671. 9 Transcript, Vol. 1, para. 735-741. 10 Transcript, Vol. 1, paras. 1001-1002. 11 Supra notes 5, 6. - 4 - 16-20 W2M and 31-16-19 W2M).12 Why wasn’t this recognized by Enbridge in its written reporting of its analysis of the proposed detailed route? It is submitted that it was not recognized because Enbridge looked only at the fact that the lands to the south of Regina were zoned agricultural, and did not sufficiently investigate their potential for future commercial and residential development. At no point subsequent to being advised by Lyle Denton of the development potential to the south of Regina did Enbridge modify its Certificate Application or Environmental and Socio-Economic Assessment, or even acknowledge in its written submissions to the Board that concerns about future land development to the south of Regina had been expressed. 13 While it is true that the Dentons’ lands and other adjacent lands affected by the proposed route are currently zoned agricultural, they have strong potential for future country residential and other development in line with the strong development potential for South Regina. Residents in the south part of Regina want to stay in the south.14 There is a sewage trunk line proposed for the southern edge of Regina that will facilitate development south of Highway 1. 15 Water service for the Dentons’ area could be supplied through the Regina South Rural Water Pipeline. 16 There is a highway overpass interchange system planned for the intersection of Highway 1 and Lewvan Drive just to the north of the Dentons’ properties that will also facilitate residential and commercial expansion to the south of Regina. 17 The Rowatt Flood Control project will increase the amount of land south of Regina, including the Dentons’ lands, available for development. 18 12 Exhibit C-6-19j – Denton Written Information, Ex. 49, Map 2; Transcript, Vol. 1, paras. 714-720. 13 Transcript, Vol. 1, paras. 512-516. 14 Transcript, Vol. 2, paras. 1267, 1855. 15 Transcript, Vol. 1, paras. 757-762; Transcript, Vol. 2, para. 1389. 16 Transcript, Vol. 2, paras. 1398-1402. 17 Exhibit C-6-33; Transcript, Vol. 1, paras. 800-805, 813, 815; Transcript, Vol. 2, paras. 1287, 1316-1317, 1771- 1772. 18 Transcript, Vol. 2, paras. 2969, 3085-3088 - 5 - Add to that the Dentons’ previous successful experience with land development in the Harbour Landing area and their expressed desire to create country residential properties on their own lands, and it is submitted that the potential for future development on the Denton lands within the life expectancy of the Enbridge Alberta Clipper pipeline is more than speculative. 19 Every development project has to begin as a concept, and it is submitted that the Denton concept for development demonstrates a strong potential based on the developing infrastructure in the area. It is a potential that was expressed to Enbridge and one that should have led Enbridge to examine, at the very least, the better detailed route for the pipeline along the Alliance and Spectra corridors further to the south of Regina (corridors which had already been approved as the best possible detailed route south of Regina for those pipelines by the Board). Now in this proceeding the Board has the opportunity to review the better routes that exist to the south of the proposed route. It is submitted that international oil and gas pipeline corridors have negative impacts on the future development potential of land and can lead to constraints on development or even a choice by potential developers and municipal planners to avoid lands where such a corridor is located. 20 Mr. Cheesman described a pipeline corridor in the context of developments like Harbour Landing not as a constraint but as an opportunity. 21 However, the Harbour Landing experience is that the green space created necessarily by the pipeline easement is a fenced-in coarse grassed area that can be used for nothing and is not accepted by the City of Regina as part of the required 19 Transcript, Vol.
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