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Board Directions – Energy East Pipeline Ltd. Application for the Energy East Project and Asset Transfer – Status of the Application

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Refiling –Facilities Application

The NEB sent a letter to Energy East Pipeline Ltd. (“Energy East”) on February 3, 2016 regarding the status of the application for the Energy East Pipeline.

In the letter, the NEB noted that the application was initially filed 15 months prior, with five supplemental reports, five project updates, five documents with errata and replacement pages, and the amendment to the application submitted in December 2015.

The NEB referenced its Information Request No. 3, stating that it expects clear, relevant and timely information to be provided to all potentially affected persons or groups; and that the information be accessible and inclusive.

In consideration of the volume and complexity of the application materials, the NEB found that the application was difficult, even for experts, to navigate. As such, the NEB expressed its concerns about how that may impact the fairness and efficiency of the hearing process.

The NEB therefore directed that the application should be revised and consolidated in an updated filing to assist parties to assess the application, and in both official languages. The NEB also requested a list of outdated or superseded documents as part of the updated filing.

Prior to filing the consolidated application, however, the NEB directed Energy East to file, for approval, a detailed table of contents for the application by no later than February 17, 2016.

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