OF-Fac-Gas-N081-2013-04 01 30 October 2013
Mr. Tomasz K. Budny Regulatory Project Manager, Regulatory Services NOVA Gas Transmission Ltd. 450- 1st Street SW Calgary, AB T2P 5H1 Facsimile 403-920-2347
Dear Mr. Budny:
NOVA Gas Transmission Limited (NGTL), Leming Lake Sales Lateral Loop Project (Project) Compliance with Condition 4 of Order XG-N081-016-2013 – Approval of Supplemental Traditional Land and Resource Use Investigations Status Report.
The National Energy Board (Board) has considered NGTL’s 1 October 2013 filing in respect of Condition 4 of Order XG-N081-016-2013. Condition 4 states:
NGTL shall, at least 30 days prior to commencing construction (including ground clearance), file with the Board for approval, and serve a copy on Beaver Lake Cree Nation, Chipewyan Prairie Dene First Nation, Saddle Lake Cree Nation, Frog Lake First Nation, Whitefish Lake First Nation #128, Onion Lake Cree Nation, Buffalo Lake Metis Settlements, Elizabeth Metis Settlement, Fishing Lake Metis Settlement, Kikino Metis Settlement, Metis Nation of Alberta, Metis Nation of Alberta – Region 2, and Conklin Metis Local #193, a report outlining a plan for outstanding traditional land use (TLU) investigations for the Project. The report must include but not be limited to:
a) a summary of the status of any TLU investigations for the Project initiated or completed after 15 August 2013, including Aboriginal group-specific TLU studies or planned supplemental surveys;
b) a summary of: i. any additional effects of the Project on the current use of lands and resources for traditional purposes identified in the TLU investigations; ii. any additional mitigation measures proposed by NGTL or by affected Aboriginal groups to address Project effects that are not yet incorporated into Project planning; iii. how NGTL has incorporated any additional mitigation measures into its Environmental Protection Plan for the Project; …2 - 2 -
c) a description of any outstanding concerns raised by potentially-affected Aboriginal groups regarding potential Project effects on the current use of lands and resources for traditional purposes, including a description of how these concerns have been or will be addressed by NGTL; and
d) a summary of any outstanding TLU investigations or follow-up activities that will not be completed prior to commencing construction, and an estimated completion date, if applicable.
The Board is satisfied that NGTL’s filing has met the requirements of Condition 4 and approves NGTL’s report outlining its plan for outstanding traditional land use investigations for the Project.
NGTL is directed to serve the copy of this letter on:
Beaver Lake Cree Nation; Chipewyan Prairie Dene First Nation; Saddle Lake Cree Nation; Frog Lake First Nation; Whitefish Lake First Nation #128; Onion Lake Cree Nation; Buffalo Lake Metis Settlements; Elizabeth Metis Settlement; Fishing Lake Metis Settlement; Kikino Metis Settlement; Metis Nation of Alberta; Metis Nation of Alberta – Region 2; and Conklin Metis Local #193
Yours truly,
Sheri Young Secretary of the Board