NEB Decision to Review Jurisdictional Process
TransCanada is disappointed with the NEB’s decision to move forward in reviewing jurisdictional arguments for the Coastal GasLink project.
We understand this decision only represents the start of a review process to examine the issue of jurisdiction more closely, and not a final decision on the jurisdiction of the project. However, the Coastal GasLink project was subject to a robust two-year environmental and technical review as part of the B.C. regulatory process, whereby it received all of its valid permits under the current provincial regulatory bodies.
TransCanada will continue to respond as appropriate through the National Energy Board and believes that the facts pertaining to this project will support a strong case of continued provincial regulation of the pipeline.
Does this mean the Coastal GasLink project cannot proceed with construction?
No, construction of the Coastal GasLink project can and will proceed. The NEB’s consideration of the question around jurisdiction does not affect the validity of the British Columbia permits, nor does it impact the project’s ability to begin construction. As we’ve previously said, TransCanada’s view is that CGL falls wholly within provincial jurisdiction.
What does the NEB’s decision actually mean?
The NEB’s letter states that it’s making a preliminary decision to consider the question of jurisdiction only. It does not indicate in any way that the NEB is leaning one way or the other as to whether the CGL project is federal or provincial.
What happens if the NEB decides the project belongs under federal jurisdiction?
There are options and processes that CGL may undertake if a decision like that should occur, whether that be during the construction of the project or even if the project is in operation. At this time, we are focused on the next steps in the NEB’s review process.