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NEB releases enforcement review decisions

Published by
World Pipelines,

The National Energy Board (NEB) has issued decisions regarding two Notices of Violation issued to Enbridge Pipelines Inc. (Enbridge). The NEB took enforcement action against Enbridge for the company’s failure to fulfil an NEB condition of approval for a pipeline replacement project near Cromer, Manitoba (Canada).

On 23 February 2015, the NEB issued two CAN$100 000 administrative monetary penalties (AMP) to Enbridge; one regarding worker and contractor safety (AMP-004-2015), and the other (AMP-005-2015) for failure to fully implement environmental mitigation measures described in the company’s project application.

NEB decisions summary

After an evidentiary review of AMP-004-2015, the NEB confirms that the AMP Officer did not establish, on a balance of probabilities, that the company committed the violation. Accordingly, the administrative monetary penalty is rescinded.

After an evidentiary review of AMP-005-2015, the NEB confirms that the violation occurred, but that the value applied to the administrative monetary penalty was incorrectly assessed. Accordingly, the penalty has been reduced from CAN$100 000 - CAN$76 000.

NEB Condition 3 on Enbridge approval order

“Enbridge shall implement or cause to be implemented all of the policies, practices, programmes, mitigation measures, recommendations, procedures and its commitments for the protection of the environment included in or referred to in its application and its related submissions.”

Under the NEB Act, companies have 30 days to request a review of the penalty amount or the facts of the violation, or both.

Penalty amounts are determined based on a baseline penalty, which is adjusted using mitigating or aggravating factors in accordance with the Administrative Monetary Penalty Regulations (NEB).

Edited from source by Stephanie Roker

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