SCN 1.0 Response to Samson Cree Nation (SCN) NOVA Gas Transmission Ltd. Information Request No. 1 2021 NGTL System Expansion Project GH-003-2018 IR Number: SCN 1.0 Topic: Construction Camps Reference: (i) Environmental and Socio-economic Assessment, June 2018, Section 13 –Aboriginal Engagement - A92619 (ii) Environmental and Socio-economic Assessment, June 2018, Section 3 –Consultation and Engagement - A92619 (iii) Gibson, G., K. Yung, L. Chisholm, and H. Quinn with Lake Babine Nation and Nak’azdli Whut’en. 2017. Indigenous Communities and Industrial Camps:Promoting healthy communities in settings of industrial change. Victoria, B.C.: Preamble: The Applicant’s Engagement Plans (reference i and ii) make no references to community safety with respect to the 120 person construction camp at Nordegg, especially in relation to gender based violence. Indigenous communities, particularly women and children, are the most vulnerable and at risk of experiencing the negative effects of construction camps (iii). In this regard, the Applicant should develop, in consultation with Samson Cree Nation (SCN) and other Indigenous groups, programs and services that address issues of community safety. Request: (a) Explain whether the Applicant has a policy in place to ensure the safety of SCN and other Indigenous Nations during Project construction, especially with respect to protecting women and children in areas where there will be an influx of workers. Please provide details on what measures the Applicant will take in order to specifically assess and address risks to SCN women and children related to operation of the Nordegg camp. (b) Explain how SCN, particularly women, will be incorporated into developing and monitoring the implementation of the safety policies of the company. Response: (a) and (b) NGTL developed an ESA that considered the assessment of the potential socio- economic effects from workers being accommodated at a temporary camp for the proposed Nordegg Compressor Station Unit Addition. Using this assessment, NGTL evaluated the potential impacts to all nearby residents, including Indigenous women and children, and provided specific mitigation to avoid and minimize any potential effects such as: March 7, 2019 Page 1 of 2 SCN 1.0 Response to Samson Cree Nation (SCN) NOVA Gas Transmission Ltd. Information Request No. 1 2021 NGTL System Expansion Project GH-003-2018 requiring employees and contractors to adhere to TransCanada’s Health, Safety and Environment Commitment Statement implementing Alcohol and Drug Policies requiring employees and Contractors to adhere to a Code of Conduct providing potentially affected Aboriginal groups with the proposed Project construction schedule and maps implementing a Traffic Control Management Plan requiring Project Contractors to have their own Site-Specific Safety Plans and Emergency Response Plans, and provide their own medical staff to address minor medical issues and first aid incidents With the implementation of the socio-economic mitigation proposed in the ESA, the planned construction schedule, and the estimated size of the workforce to be housed at the Nordegg construction camp, NGTL estimates that there will be no significant adverse socio-economic effects to nearby communities. NGTL is committed to its requirements that all personnel and contractors to conduct business activities with integrity, mutual responsibility and collaboration when working with Indigenous communities. In addition, NGTL will require the Prime Contractors for the Project to provide site-specific orientation where best practices and community engagement expectations are communicated to all personnel. NGTL will continue engaging with Indigenous communities to identify potential issues and concerns, and if warranted, develop enhancements to the proposed socio-economic mitigation. March 7, 2019 Page 2 of 2 SCN 2.0 Response to Samson Cree Nation (SCN) NOVA Gas Transmission Ltd. Information Request No. 1 2021 NGTL System Expansion Project GH-003-2018 IR Number: SCN 2.0 Topic: Pipeline Routing Reference: (i) Nova Gas Transmission Ltd, 2021 NGTL System Expansion Application, June 2018, Section 7.1 Pipeline Routing - A6F4L4 (ii) Nova Gas Transmission Ltd, 2021 NGTL System Expansion Application, June 2018, Appendix 13-2 Aboriginal Relations Brochure - A6F4Q0 (iii) Nova Gas Transmission Ltd, Environmental and Socio-economic Assessment, June 2018, Section 2.3 Pipeline Routing - A6F4Q3 Preamble: Reference (i) notes that routing criteria includes, “considering input received from potentially affected landowners, stakeholders and Aboriginal groups through various engagement activities” (p. 7-2). Reference (ii) states that, “TransCanada works together with Aboriginal communities to identify impacts of company activities on the community’s values and needs in order to find mutually acceptable solutions and benefits” (p. 2). NGTL also states in reference (iii) that, “NGTL will continue to refine the route for the Project based on detailed design, additional field studies and in consideration of input received through the stakeholder, landowner and Aboriginal engagement programs” (p. 2-1). Reference (i) makes no reference to engagement with SCN. SCN has not been adequately consulted on routing of the proposed 2021 NGTL Expansion Project. This is highly problematic because: 1) SCN’s inherent and Treaty No. 6 rights and interests are in a sensitive state given the amount of existing oil and gas activities within their Territory, and any further oil and gas activities will highly constrain SCN’s inherent and Treaty No. 6 rights and interests; 1) SCN Members actively use and value the areas proposed for the Project for traditional activities/rights-based practices; 2) Project disturbance areas likely overlap with highly valued SCN cultural sites and heritage resource values, including (but not limited to) areas the vicinity for the McLeod River, North Saskatchewan River and Wapiti River crossings; 3) 254.6 km of the Project will be built on purported Crown Land (471 Parcels) when the amount of land available in SCN territory March 7, 2019 Page 1 of 4 SCN 2.0 Response to Samson Cree Nation (SCN) NOVA Gas Transmission Ltd. Information Request No. 1 2021 NGTL System Expansion Project GH-003-2018 for members to retain their critical connection to lands and waters and can pass on traditional knowledge to future generations has shrunk massively since approximately 1900. This means that alienation of SCN lands has already surpassed a threshold of significance access to traditional territory, traditional hunting and harvesting areas, cultural and archeological sites, and other sites of significance, is now scarce, with remaining areas of increased importance to SCN culture and rights. SCN has not been provided with enough information to assess environment effects and impacts of the currently selected pipeline route on their Territory or inherent and Treaty No. 6 rights and interests within the project-affected area. Request: (a) Confirm whether, and how, the Applicant has engaged and adequately considered SCN perspectives and knowledge in any planning or preliminary design work of preferred pipeline routes to date; (b) Describe any alternatives for the pipeline routing selection; and (c) Please identify whether and where in the ESA, NGTL characterizes what proportion of territory in Eastern Alberta, the RSA and LSA, has been alienated from traditional use due to privatization, clearing or other means, in the pre-Project condition, and in the Project case. Response: (a) See Section 7.1.1 of the Project Application1 for route selection criteria, which includes consideration of factors to avoid or reduce potential effects of the Project on the current use of lands and resources by Aboriginal groups. Please refer to Appendix 6-1 of NGTL’s Additional Written Evidence2 for Aboriginal engagement logs3, for details regarding how NGTL has considered SCN perspectives and knowledge in any planning or preliminary design work of the proposed pipeline routes to date. (b) As described in Section 2.2 of the Application, NGTL followed its established System Design procedures for the Project including consideration of alternatives described in Section 4.4 of the Application.4 NGTL’s analysis of potential alternatives included a comparative analysis of increasing system capacity along 1 NEB Filing ID: A92619-1, PDF pages 93-94. 2 NEB Filing ID: A96812-1. 3 NEB Filing ID: A96812-11, PDF pages 299-313. 4 NEB Filing ID: A92619-1. March 7, 2019 Page 2 of 4 SCN 2.0 Response to Samson Cree Nation (SCN) NOVA Gas Transmission Ltd. Information Request No. 1 2021 NGTL System Expansion Project GH-003-2018 established NGTL System corridors both north and south from the Peace River Project Area (PRPA) towards the East Gate (EGAT) and other intra-basin delivery points. The south alternative was identified as having the lower Cumulative Present Value Cost of Service (CPVCOS), and by comparison the north alternative is shown to be economically not feasible. Once the south alternative was identified as having the lower CPVCOS, NGTL considered facility alternatives along this path and identified locations where pipeline loops were required to overcome high frictional pressure losses. In areas where frictional losses were less constraining, compression was identified as the optimal facility to increase system capacity. This is described in Section 4.4.2 of the Application. Following the determination of the south corridor as the better alternative, and determination of