6735 SALISH DRIVE , B.C. V6N 4C4 TELEPHONE: 604 263-3261 FAX: 604 263-4212

November 8, 2018 VIA ELECTRONIC SUBMISSION

Sheri Young Secretary of the Board National Energy Board Suite 210, 517 Tenth Avenue SW Calgary, AB T2R 0A8

Dear Ms. Young,

Re: ULC Application for the Trans Mountain Expansion Project National Energy Board reconsideration of aspects of its Recommendation Report as directed by Order in Council P.C. 2018-1177 Hearing Order MH-052-2018, File Number: OF-Fac-Oil-T260-2013-03 59 Musqueam Indian Band comments on Notice of Motion from Squamish Nation requesting more time for filing opening statement and evidence

I write on behalf of Musqueam Indian Band (“Musqueam”) in response to the National Energy Board’s (the “Board”) November 6, 2018 letter, which requested that Intervenors in the public hearing for the reconsideration of aspects of the Board’s 2016 Report (“Reconsideration Hearing”) on the Trans Mountain Expansion Project (“TMEP” or the “Project”) provide comment on the Notice of Motion from the Squamish Nation, which requested more time to file opening statements and written evidence.

In Musqueam’s October 3, 2018 letter to the Board, which provided our comments on the scope and format of the Reconsideration Hearing, we submitted that:

The rigour required in order to consider the draft list of issues in relation to the factors and scope of factors proposed must not fall victim to the 155-calendar day timeline. A full hearing process, with reasonable time for Intervenors to prepare written submissions, to present oral evidence, and to reply to Information Requests is required. An expedited timeline with no flexibility is likely to cause prejudice.

In proceeding with an Expedited Hearing timeline, the Board made submissions of requests for more time, such as that submitted by Squamish Nation, inevitable. Musqueam is therefore in full support of the Squamish Nation’s request for an additional 15 days for intervenors to submit their opening statement and written evidence. Musqueam is in a similar position with respect to a clear need for an extension of time, and the length of extension requested by Squamish Nation would be adequate for Musqueam, considering the Board’s direction that the parties are to approach this proceeding as an expedited process. We therefore see no need to file our own duplicative motion.

Should the Board grant a 15-day extension for Intervenors to file their opening statement and written evidence, Musqueam recommends that subsequent Reconsideration Hearing deadlines should be adjusted accordingly, to allow all parties sufficient time to file reply evidence, where applicable, as well as to file and respond to Information Requests.

Sincerely,

______Dianne Sparrow Associate Director – Title and Rights Department Musqueam Indian Band