File OF-Fac-Gas-N081-2018-03 02 12 October 2018

Mr. Jaron Dyble Mr. Kevin Thrasher Mr. Shawn H.T. Denstedt, QC Regulatory Project Manager Senior Legal Counsel Osler, Hoskin & Harcourt LLP Regulatory Services Law, Canadian Pipelines Suite 2500, TransCanada NOVA Gas Transmission Ltd. NOVA Gas Transmission Ltd. Tower 450 – 1st Street SW 450 1 St SW , AB 450 – 1st Street SW Calgary, AB T2P 5H1 [email protected] Calgary, AB T2P 5H1 [email protected] [email protected]

Mr. Sander Duncanson Ms. Kaylyn Buffalo Mr. Keerit S. Jutla Osler, Hoskin & Harcourt LLP SCN Consultation – Project JFK Law Corporation Suite 2500, TransCanada Tower Officer 340-1122 Mainland Street 450 – 1st Street SW P.O. Box 159 Vancouver, BC V6B 5L1 Calgary, AB T2P 5H1 , AB T0C 1N0 [email protected] [email protected] [email protected]

Ms.Wendy Goulet Mr. Leonard Clayton Cadotte Lake Métis JFK Law Corporation Box 7382 340-1122 Mainland Street Peace River, AB T3S 1T1 Vancouver, BC V6B 5L1 [email protected] [email protected]

Dear Mr. Dyble, Mr. Thrasher, Mr. Denstedt, Mr. Duncanson, Ms. Buffalo, Mr. Jutla, Ms. Goulet and Mr. Clayton:

NOVA Gas Transmission Ltd. (NGTL) Application for the 2021 System Expansion Project (Application) Hearing Order GH-03-2018 Late Applications to Participate – Comment Period Samson Cree Nation and Cadotte Lake Métis

On 4 October 2018, the National Energy Board (Board) received a letter from Samson Cree Nation, (A94595) requesting participation in the GH-003-2018 hearing. This request was filed after the 17 August 2018 deadline for the Application to Participation phase. Based on the information stated by Samson Cree Nation, that “the Samson Cree Nation Traditional Area expands throughout the entire Proposed NGTL 2021 project corridor and is still in active use from a majority of our people”, the Board would consider this to be a late request for Intervenor status. …/2 -2- On 9 October 2018, the Board received a letter and various documents including a late application to participate form from Cadotte Lake Métis (A94684) requesting Intervenor status in the GH-03-2018 hearing. Before the Board considers these late applications to participate and makes decisions, NGTL may file with the Board its comments, if any, in relation to these requests by 4 pm (Mountain Time), 17 October 2018.

Samson Cree Nation and Cadotte Lake Métis may file with the Board their replies, if any, to NGTL’s comments by 4 pm (Mountain Time), 24 October 2018. Additional Information Regarding Current Process The Board brings to the attention of Samson Cree Nation and Cadotte Lake Métis, the letter dated 20 September 2018 (A94100) to all Parties in the GH-003-2018 hearing. This letter, a copy of which is attached, provided all Parties with the opportunity to file comments with the Board in relation to a number of matters. Considering the current stage of the GH-003-2018 hearing, and in the interests of time, Samson Cree Nation and Cadotte Lake Métis may file comments on these matters, by noon (Mountain Time) on 18 October 2018, as set out in that letter. NGTL may then respond to any comments filed. by Samson Cree Nation and the Cadotte Lake Métis in the manner as set out within that letter.

Should they be determined by the Board as Parties to GH-003-2018 hearing, the comments filed by Samson Cree Nation and/or Cadotte Lake Métis will be considered. If you have any questions about this letter, please contact the Board’s Process Advisory Team for this Project at [email protected] or by telephone toll-free at 1-800-899-1265.

Yours truly,

Original signed by

Sheri Young Secretary of the Board

Attachment – Board letter dated 20 September 2018 File OF-Fac-Gas-N081-2018-03 02 20 September 2018

To: All Participants to GH-003-2018

NOVA Gas Transmission Ltd. (NGTL or the Applicant) 2021 System Expansion Project (Project) Opportunities to provide comments on:

1. Preliminary List of Issues; 2. Factors and Scope of Factors for the environmental assessment (EA); and 3. Hearing process

On 20 June 2018, NGTL filed with the National Energy Board (the Board or the NEB) its Project Application. On 5 July 2018, the Board released the Notice of Public Hearing (Notice) (A92839- 1). The Application to Participate process was open from 16 July 2018 to 17 August 2018. On 20 September 2018, the Board released its Ruling #1 establishing the List of Participants for the Hearing process.

Background

As explained in the Notice, the Board is currently reviewing the Project Application to determine whether or not it is sufficiently complete to proceed to assessment. The Board’s review of the Project Application for completeness is informed by the Preliminary List of Issues and the Factors and Scope of the Factors for the EA pursuant to the Canadian Environmental Assessment Act, 2012 (CEAA 2012), both of which were included in the Notice. Should the Board determine the Application is sufficiently complete to proceed to assessment, the details of the public hearing process will be more completely defined in a Hearing Order anticipated to be issued by the Board in late Fall 2018.

Now that the List of Participants has been established, the Board is interested in receiving comments from Intervenors and Commenters on three topics. You may choose to provide comments on any or all of these topics. The Board is also seeking comments from NGTL on these topics.

…/2

-2-

1. Comments on the Preliminary List of issues (Appendix I)

The Board is interested in receiving comments from Intervenors and Commenters in relation to the Preliminary List of Issues, particularly regarding any additional issues that should be included or any specific sub-issues.

When providing your comments about the Preliminary List of Issues, should you suggest any additional issue(s) or sub-issue(s), you must include a clear explanation of the relevance of those issues to the assessment of the Project.

2. Comments on the Factors and Scope of factors for the EA (Appendix II)

The Board is also requesting comments from Intervenors and Commenters in relation to the Factors and Scope of Factors for the EA.

3. Comments on the Hearing process (Appendix III and Appendix IV)

The Board also invites comments from Intervenors and Commenters regarding the Hearing process before establishing the steps and procedures the Board will follow. The Board anticipates that its assessment process for the Project Application will include certain known steps and has set out the anticipated timeframes for each step in the Potential Timetable of Events, provided in Appendix III. General information about the steps and procedures that the Board uses are explained in the National Energy Board Hearing Process Handbook which is available on our website.

For this Project, the Board is considering conducting some steps of the hearing through a variety of oral components, such as: oral traditional evidence, oral cross-examination on the filed evidence, and oral final argument. The Board is considering holding these oral components, at two or three locations along or near the proposed Project route, such as , Edson, and Calgary, . These locations are centrally located, and have adequate facilities and reasonable transportation access.

Appendix IV sets out questions on the hearing process, including components described above. Your comments in relation to those questions will assist the Board in designing the Hearing process.

When and How to file your Comments

As discussed above, the Board is seeking comments from Intervenors and Commenters regarding three topics being the:

1. Preliminary List of Issues; 2. Factors and Scope of Factors for the EA; and, 3. Potential hearing process, through responses to the questions set out in Appendix IV. -3-

The Board will consider the comments filed on these topics in developing its Hearing Order and will include the List of Issues, with any changes if necessary.

Any Intervenor or Commenter who wishes to provide comments regarding any or all of these topics must file their comments with the Board, and serve a copy on NGTL and other Participants, by noon (Calgary Time), 18 October 2018.

NGTL may file its comments, if any, with the Board, and serve a copy on all other Participants, by noon (Calgary Time), 25 October 2018.

As the Hearing Order has not been released, the NEB’s Participation Portal is not available. You can file your comments by mail, in person, by courier or by using the NEB’s e-file system. To use the NEB’s e-file system, please follow these steps:

• Go to our website, www.neb-one.gc.ca. Under “Applications & Filings”, click on “Submit Applications and Regulatory Documents” and follow the instructions. Refer to the Filers Guide to Electronic Submission on our website for more information.

• You will receive an email containing a filing receipt. Print the filing receipt and sign it. Send one hard copy of the e-filed document(s) and one hard copy of the signed filing receipt to us by mail, hand delivery or courier, to:

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

Phone 403-292-4800 Toll-free phone 1-800-899-1265 Fax 403-292-5503 Toll free fax 1-877-288-8803

Where to find up-to-date information and assistance for this hearing process

At any time during the hearing process, the Board’s Process Advisory Team are available to help you understand how to participate in the hearing process, how to file documents, and to answer any questions you may have related to lifecycle oversight of facilities and existing NEB regulations. Process Advisors can also hold workshops for you either on-line or in-person, upon request. The Process Advisor contact information is provided below.

Up-to-date information about the hearing and all documents issued by the Board or filed by Participants can be found on the Board’s webpage for this Project Application at www.neb-one.gc.ca/NGTL2021Expansion. -4-

For assistance Participants may contact the Board’s Process Advisory Team for this Project Application at [email protected] or by telephone toll-free at 1-800-899-1265.

Yours truly,

Original signed by

Sheri Young Secretary of the Board

Attachments: Appendices I, II, III and IV Attachment to Board Letter dated 20 September 2018 - NGTL 2021 Expansion

Appendix I – Preliminary List of Issues

The Board has identified the following issues for consideration in the hearing with respect to the construction and operation of the proposed 2021 System Expansion Project (Project):

1. The need for the Project.

2. The economic feasibility of the Project.

3. The potential commercial impacts of the Project.

4. The appropriateness of the toll and tariff methodology of the Project.

5. The potential environmental and socio-economic effects of the Project, including any cumulative environmental effects that are likely to result from the Project as set out in the NEB’s Filing Manual, as well as those to be considered under the Canadian Environmental Assessment Act, 2012 (see Appendix II).

6. The appropriateness of the general route and land requirements for the Project.

7. Potential impacts of the Project on Indigenous1 interests.

8. Potential impacts of the Project on owners and users of lands.

9. The suitability of the design of the Project.

10. Contingency planning for leaks, accidents or malfunctions, during construction and operation of the Project.

11. Safety and security during construction and operation of the Project, including emergency response planning and third-party damage prevention.

12. The terms and conditions to be included in any recommendation or approval the Board may issue for the Project.

1 “Indigenous” has the meaning assigned by the definition of Aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982: Attachment to Board Letter dated 20 September 2018 - NGTL 2021 Expansion

Appendix II - Factors and Scope of the Factors for the Environmental Assessment (EA)* *pursuant to the Canadian Environmental Assessment Act, 2012 (CEAA 2012)

1.0 INTRODUCTION

On 20 June 2018, NOVA Gas Transmission Ltd. (NGTL) filed an Application with the National Energy Board (NEB) proposing to construct and operate the 2021 System Expansion Project. As the Project would require more than 40 kilometres of new pipeline and would be regulated under the National Energy Board Act (NEB Act), it is therefore a designated project under the CEAA 2012 and requires a CEAA 2012 EA for which the NEB is the Responsible Authority.

For the purposes of the EA, the designated project includes the various components and physical activities described by NGTL in its Application. The Project also includes non-designated project components.

The following section provides a description of the factors to be taken into account in the EA for the Project and of the scope of those factors.

2.0 FACTORS AND SCOPE OF THE FACTORS

2.1 Factors to be considered

The EA for the Project will take into account the factors for a designated project as described in paragraphs 19(1)(a) through (h) of the CEAA 2012:

(a) the environmental effects2 of the designated project, including the environmental effects of malfunctions or accidents that may occur in connection with the designated project and any cumulative environmental effects that are likely to result from the designated project in combination with other physical activities that have been or will be carried out;

(b) the significance of the effects referred to in paragraph (a);

(c) comments from the public… or any interested party received in accordance with the CEAA 2012;

(d) mitigation measures that are technically and economically feasible and that would mitigate any significant adverse environmental effects of the designated project;

(e) the requirements of the follow-up program in respect of the designated project;

(f) the purpose of the designated project;

(g) alternative means of carrying out the designated project that are technically and economically feasible and the environmental effects of any such alternative means; and

2 Note Section 5 of the CEAA 2012 further describes the environmental effects that are to be taken into account. Attachment to Board Letter dated 20 September 2018 - NGTL 2021 Expansion

(h) any change to the designated project that may be caused by the environment.”

In addition, subsection 19(3) adds that the EA may take into account “community knowledge and Aboriginal traditional knowledge.”

2.2 Scope of the Factors to be considered

The National Energy Board Filing Manual provides information about scoping. The EA will consider the potential effects of the Project within spatial and temporal boundaries within which the Project may potentially interact with and have an effect on components of the environment. These boundaries will vary with the issues and factors considered, and will include but not be limited to:

• construction, operation and maintenance, foreseeable changes, and site reclamation, as well as any other undertakings proposed by the proponent or that are likely to be carried out in relation to the physical works proposed by the proponent, including mitigation and habitat replacement measures; • seasonal or other natural variations of a population or ecological component; • any sensitive life cycle phases of species (e.g., wildlife, vegetation) in relation to the timing of Project activities; • the time required for an effect to become evident; • the area within which a population or ecological component functions; and • the area affected by the Project.

Any works and activities associated with additional modifications or associated with the decommissioning or abandonment phase of the Project would be subject to a future application under the NEB Act and assessed in detail at that time. Therefore, at this time, any works or activities associated with these phases of the Project will be examined in a broad context only.

As indicated above, the EA will consider cumulative environmental effects that are likely to result from the Project in combination with effects from other physical activities that have been or will be carried out.

Subsection 2(1) of the CEAA 2012 provides definitions potentially relevant to the scope of the factors, including:

environment means the components of the Earth, and includes (a) land, water and air, including all layers of the atmosphere; (b) all organic and inorganic matter and living organisms; and (c) the interacting natural systems that include components referred to in paragraphs (a) and (b). and,

mitigation measures means measures for the elimination, reduction or control of the adverse environmental effects of a designated project, and includes restitution for any damage to the environment caused by those effects through replacement, restoration, compensation or any other means. Attachment to Board Letter dated 20 September 2018 - NGTL 2021 Expansion

Appendix III – Potential Timetable of Events

Process Step Anticipated timing

Completeness Determination and Hearing November 2018 Order issued by the Board (including the List of Issues with any changes if necessary)

Additional written evidence filed by NGTL December 2018

One round of Information Requests sent to December 2018 or January 2019 NGTL from the Intervenors with responses due two weeks thereafter

Oral traditional evidence shared by February 2019 Indigenous Intervenors (possibly in various locations)

Written Evidence filed by Intervenors March 2019

Draft conditions released by the Board for April 2019 comment by all Participants

One round of Information Requests sent to April 2019 Intervenors from NGTL and other Intervenors

Letters of Comments filed, including May 2019 comments on draft conditions

NGTL’s Reply Evidence filed May 2019

One further round of written Information June 2019 requests OR oral cross-examination

Final argument, format (written, oral or both) June/July 2019 to be determined

Recommendation Report issued by the Board Within 15 months of the Completeness Determination Attachment to Board Letter dated 20 September 2018 - NGTL 2021 Expansion Appendix IV

GH-003-2018 – Questions for Comment on Hearing Process Comments from Intervenors and Commenters due by noon (Calgary Time) 18 October 2018 Comments from NGTL due by noon (Calgary Time) 25 October 2018

1. Provide your comments on the Preliminary List of Issues (Appendix I).

2. Provide your comments on the Factors and Scope of Factors of the EA (Appendix II).

3. Do you have any general comments about “Appendix III - Potential Timetable of Events” that would allow you to participate in a more meaningful manner?

4. Do you have any specific information about your own community that would be useful for the Board to know when designing the Hearing Process? For example, describe any community traditions, governance and administrative structures, ceremonies, practices, community protocols, size and demographics, values, or familiarity with the Board’s processes.

5. The Board is considering that any oral components determined for the hearing process would be held in two or three locations, such as Grande Prairie, Edson, and Calgary, Alberta. The oral components being considered are oral tradition evidence, oral cross- examination and oral final argument. Please provide any comments you may have on the proposed locations and/or identify any alternative locations.

6. Under the anticipated timings set out in Appendix III, oral traditional evidence would be shared in February 2019, and oral cross-examination (if held) with oral final argument (if not in writing) would be June 2019. Other steps would be in writing and anticipated timing for those steps is provided in Appendix III.

a) Please provide feedback on the general timing of the steps, including the order in which they are proposed to occur.

b) Indicate times of the year that you would not be able, or would find it difficult, to participate in a hearing process.

c) If you are the Applicant or an Intervenor: Do you prefer to share your final argument about the Project orally or in writing, or both?

d) Would you prefer to do your cross-examination by questioning in writing, e.g., through information requests or through oral questioning?

e) Do you have any additional issues or comments on the sequence of events? Attachment to Board Letter dated 20 September 2018 - NGTL 2021 Expansion

7. The Board intends to have oral traditional evidence shared prior to the deadline for the filing of written evidence by Intervenors.

a) The Board anticipates that this sharing of oral traditional evidence would take place in February 2019. Please provide any comments you may have on this timeframe.

b) The Board would specifically like to have comments as to how sharing of oral traditional evidence should take place: e.g., location, community protocols, what ceremonies you would be seeking to have included, how much time should be provided, etc.

c) If you were to share oral traditional evidence, how many members of your community do you anticipate would attend to hear it as well? (Please note: Parties will not be held to these estimates; this question is for planning purposes/venue selection only)

8. Should there be oral cross-examination, the Board is considering dividing up cross- examination by issue and holding cross-examination on certain issues in one location, and cross-examination on other issues in another location. For example, cross- examination on Issues 1 to 4, and 12 would be held in Calgary, and cross-examination on Issues 5 to 11, and 12 would be held at another location such as Grande Prairie or Edson.

a) Please provide your comments on this proposed scheme for oral cross- examination.

b) If oral cross-examination were to take place, how much time do you anticipate you would require for each issue? (Please note: Parties will not be held to these estimates; this question is for planning purposes only)

9. At times, the NEB is able to offer specific workshops regarding the lifecycle oversight of facilities and existing NEB regulations (e.g. routing of the pipeline, safety of the pipeline, engineering and maintenance of pipelines, coordination between the various Government entities and NEB, etc.). Are there any topics that you would like to have a workshop address prior to filing your evidence?