Pipelines – ATCO Gas and Pipelines Ltd. – Urban Pipeline Replacement Project
In this decision, the AUC considered ATCO Gas and Pipelines Ltd. (South) (“ATCO”)’s application (the “Application”) for new high-pressure pipelines in west Calgary, primarily within the existing Calgary transportation and utility corridor (“TUC”). The proposed pipelines, referred to as the West Calgary Connector Pipeline Project (the “WCC Project” or “Project”), would be about 20 km in length. The WCC Project is part of the Urban Pipeline Replacement Project (“UPRP”). The AUC previously approved the need for the UPRP in Decision 2014-010.
Landowner Concerns
Many of the interveners expressed safety and environmental concerns regarding the proximity of the proposed pipeline to their respective lands and homes.
The AUC found that ATCO had taken significant and effective steps to mitigate such concerns, by proactively designing the proposed pipelines to the most stringent safety standards. The AUC also noted other steps ATCO had taken to mitigate safety concerns, including: designing the project so that the Pipelines would be constructed primarily within an existing transmission right-of-way with limited third-party access.
Gravel Operator Concerns
Burnswest Corporation and Burnco Rock Products (“Burnwest”) raised concerns that the proposed pipelines could interfere with its gravel operations located on lands it owned adjacent to the TUC and lands Burnwest leased within the TUC.
Specifically, Burnwest was concerned about the potential for gravel sterilization on its property located adjacent to the TUC and that approval of the Project might impair its ability to access its leased TUC lands.
With respect to gravel sterilization, the AUC noted that Section 535(1)(d) of the Occuptational Health & Safety Code prohibits excavations within 30 metres of a pipeline or other utility corridor – whether or not a pipeline is approved or not. Therefore, a 30-metre setback from the TUC boundary is in effect, regardless of whether or not the proposed Project was approved.
The AUC found that any potential sterilization of the gravel reserves underlying the Burnwest lands could be directly or exclusively attributed to the proposed WCC project pipelines. The AUC noted that, in any event, it had no jurisdiction to address matters of compensation arising from sterilization (or otherwise).
The AUC acknowledged that Burnswest’s circumstances were unique, in that it has an interest in land within the TUC that is adjacent to lands that it owns outside of the TUC.
The AUC considered that approval of the Project should not result in limiting Burnswest’s access between its two properties. Accordingly, the AUC directed ATCO, as a condition of any approval, to ensure that the WCC Project is constructed to accommodate Burnsewest’s heavy vehicles crossing at a specified location.
Order and Conditions
The AUC decided that approving the WCC Project was in the public interest, subject to the following conditions set out in the approval order:
(1) ATCO shall obtain written consent from the Minister of Infrastructure for the construction and operation of the WCC project within the Calgary TUC and provide the Commission with written confirmation of that consent. Upon receipt of that consent, the Commission will issue the necessary licences.
(2) ATCO shall implement and adhere to its environmental protection plan. If ATCO determines that any material changes to the measures set out in the environmental protection plan are required, ATCO must advise the Commission in writing of such changes and the reason for the changes. Following completion of the project, including any necessary reclamation, ATCO shall confirm to the Commission in writing, by a post-approval filing in this proceeding, that it has implemented all necessary and required mitigation measures set out in the environmental protection plan.
(3) ATCO shall ensure that the WCC project is designed and constructed to accommodate the crossing of heavy haul vehicles at a specified, suitable, well-marked location between Burnswest/Burnco’s Lowry and TUC properties.
