Gas – Facilities
Application
ATCO Gas and Pipelines Ltd. (“AGP”) applied for permission to install approximately 9.4 km of new 219.1-millimeter natural gas pipeline in Lethbridge County, to replace a section of the existing Lethbridge East Lateral Pipeline that will be transferred to ATCO Gas for conversion to low-pressure distribution service. The need for the project was established as part of AGP’s AUC-approved Lethbridge Urban Pipeline Upgrade (“LUPU”) program.
Decision
The AUC approved the application to install the pipeline and an associated research control and gate station.
Applicable Legislation
AUC Rule 012: Noise Control
Alberta Utilities Commission Act, SA 2007, c A-37.2 – s. 17.
Gas Utilities Act, RSA 2000, c G-5 – s 4.1.
Guide for Pipelines Pursuant to the Environmental Protection and Enhancement Act and Regulations
Historical Resources Act, RSA 2000, c H-9.
Pipeline Act, RSA 2000, c P-15 – s 11.
Pertinent Issues
The AUC granted standing to R. Bigham because she owned or occupied land on which the proposed pipeline and associated right-of-way would be located. Ms. Bigham opposed the project because the pipeline would negatively impact property value and limit potential future development of the land, as well as various environmental concerns. R. Bigham also referenced email communication with AGP, which she viewed as a veiled threat in the instance that project approval is not granted.
The AUC determined that the climate change and greenhouse gas emission concerns raised by R. Bigham were primarily associated with government policies and global social behaviour rather than any impact the proposed pipeline might have on the environment. The AUC noted that R. Bigham’s concern regarding diminished property value was not supported by expert opinion evidence that is specific to her property. Without such evidence specific to the particular property, the AUC cannot make a finding on the complex issue of property value impacts. The AUC could not find misconduct by AGP concerning the email message. What emerged from this situation is a reminder for parties that they need to be clear and forthright in their negotiations and communications so that unfortunate misunderstandings like this are avoided.
