Warning Letter to Forty Mile Gas Co-Op Ltd. (Forty Mile)– Failure to meet conditions of Board Order ZO-F073-003-2013
08 September 2015
Warning Letter to Forty Mile Gas Co-Op Ltd. (Forty Mile)
Failure to meet conditions of Board Order ZO-F073-003-2013
As part of the National Energy Board’s (NEB) compliance verification activities and assessment of regulatory requirements, note that Forty Mile has not complied with Abandonment Order ZO-F073-003-2013. As a result of the non-compliances, Forty Mile is being issued this warning letter.
The following is a list of conditions that were not met:
- 1. Condition 5: Forty Mile shall file with the Board, at least 14 days prior to the commencement of abandonment activities, an Environmental Protection Plan (EPP) for the Project. The EPP shall communicate to Forty Mile’s employees, and any contractors, the environmental protection procedures that are applicable to the abandonment of the Gas Distribution System. The EPP shall also describe the environmental protection procedures and measures used to mitigate environmental impacts from abandonment activities associated with this Project, including, but not limited to:
- a) spill prevention and response procedures during abandonment activities; and
- b) a description of how any potential contamination will be identified during abandonment activities (for example, by visual or olfactory indicators, soil vapour testing, or soil sampling).
- On 22 May 2015Footnote 1, Forty Mile confirmed that the requirements of all conditions of the Order had been met, with the exception of condition 5 which required the submission of an EPP. Forty Mile has not filed the EPP with the NEB as per the condition. Although there was no EPP submitted by Forty Mile for NEB staff to review prior to the abandonment activities, NEB staff did receive photo confirmation of the restoration of the environment. Despite this, Forty Mile failed to meet the requirements of Condition 5.
- 2. Condition 7: Forty Mile shall submit to the Board for approval, within 120 days after completion of abandonment activities, a Post Abandonment Report (PAR).
On 22 January 2015, Forty Mile sent the NEB an email saying that the abandonment of the three lines was completed in August 2014. The NEB received the PAR on 22 May 2015Footnote 2, later than 120 days after the completion of abandonment activities.
- 3. Condition 8: Forty Mile shall file with the Board for approval, within 120 days following completion of all abandonment activities, a letter acknowledging that it has ongoing financial responsibility for monitoring and for any potential future required remediation of the Gas Distribution System for as long as it retains ownership of it.
- On 22 January 2015, Forty Mile sent the NEB an email saying that the abandonment of the three lines was completed in August 2014. The NEB received Forty Mile's letter concerning ongoing financial responsibility on 22 May 2015Footnote 3, later than 120 days following completion of all abandonment activities.
Under condition 8 of Order ZO-F073-003-2013, your company has ongoing financial responsibility for monitoring and for any potential future required remediation of the Gas Distribution System for as long as it retains ownership. As no further filings are required at this time, this warning letter is on Forty Mile’s file and forms part of the compliance history.
Should you wish to discuss this matter, or respond to the information contained in this warning letter, please contact , at or @cer-rec.gc.ca.
National Energy Board
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