Oral Hearing Postponed
The NEB announced that it was postponing the oral portion of Hearing Order OH-001-2014 for the Trans Mountain Expansion Project (the “Project”), and that it was further taking the step of striking from the record all evidence prepared by or under the direction of Mr. Steven J. Kelly of IHS Global Canada Limited in Hearing Order OH-001-2014.
The NEB’s reasons for taking such steps were driven by the appointment of Mr. Kelly as a full-time member of the NEB by the Governor in Council on July 28, 2015. The appointment becomes effective on October 13, 2015. Mr. Kelly had filed written evidence on the issues of oil market supply and demand in support of the Project. The NEB noted Mr. Kelly’s “dual role”, as both a future board member and a person who had filed evidence for the Project, may raise concerns about the integrity of the hearing process.
The NEB noted that the decision to strike the evidence from the record of the Project and to postpone the oral portion of the hearing were of the NEB’s own volition.
As a result of striking the evidence from the record, the NEB indicated that it would postpone current procedural steps and directed Trans Mountain to provide the following information on or before August 28, 2015:
(a) A list of all evidence prepared by or under the direction of Mr. Kelly in Hearing Order OH-001-2014; and
(b) Advise the NEB whether Trans Mountain intends to replace the evidence (and if so, the date by which the evidence could be filed with the NEB and served on interveners).
The NEB noted that interveners may file comments on Trans Mountain’s submissions by September 4, 2015. Trans Mountain may reply to the interveners’ comments on or before September 11, 2015.
The NEB advised that, following any comments received, the panel will issue a procedural update for its review of the Project.
