Regulator rules in favour of Trans Mountain route deviation, avoiding nine-month delay

Trans Mountain’s software was opposed by the Stk’emlupsemc te Secwepemc Nation, whose conventional territory the pipeline crosses and who had solely agreed to the initially proposed route

The regulator made the ruling Tuesday, only one week after listening to oral arguments from Trans Mountain and a B.C. First Nation that opposes the route change.

It didn’t launch the explanations for its resolution Tuesday, saying these shall be publicized within the coming weeks.

By siding with Trans Mountain Corp., the regulator is permitting the pipeline firm to change the route barely for a 1.3-kilometre stretch of pipe within the Jacko Lake space close to Kamloops, B.C., in addition to the development technique for that part.

Trans Mountain Corp. had mentioned it bumped into engineering difficulties within the space associated to the development of a tunnel, and warned that sticking to the unique route may lead to as much as a nine-month delay within the pipeline’s completion, in addition to an extra $86 million extra in challenge prices.

Trans Mountain has been hoping to have the pipeline accomplished by early 2024.

Software opposed by Stk’emlupsemc te Secwepemc Nation

However Trans Mountain’s software was opposed by the Stk’emlupsemc te Secwepemc Nation, whose conventional territory the pipeline crosses and who had solely agreed to the initially proposed route.

Of their regulatory submitting, the First Nation said the realm has “profound non secular and cultural significance” to their individuals, and that they solely consented to the pipeline’s building with the understanding that Trans Mountain would reduce floor disturbances by implementing particular trenchless building strategies.

The Stk’emlupsemc te Secwepemc argued that Trans Mountain by no means mentioned its initially proposed building technique was unattainable, solely that it couldn’t be executed in time to fulfill a Jan. 1 in-service date for the pipeline.

The First Nation didn’t reply to a request for remark by publication time.

Pipeline experiencing a number of delays, elevated price ticket

The Trans Mountain pipeline is Canada’s solely pipeline system transporting oil from Alberta to the West Coast. Its growth, which is at present underway, will increase the pipeline’s capability to 890,000 barrels per day (bpd) from 300,000 bpd at present.

The pipeline — which was purchased by the federal authorities for $4.5 billion in 2018 after earlier proprietor Kinder Morgan Canada Inc. threatened to scrap the pipeline’s deliberate growth challenge within the face of environmentalist opposition and regulatory hurdles — has already been suffering from construction-related challenges and delays.

Its projected price ticket has since spiralled: first to $12.6 billion, then to $21.4 billion and most just lately to $30.9 billion (the newest capital price estimate, as of March of this yr).

Keith Stewart with Greenpeace Canada mentioned it’s alarming to see the regulator over-rule the needs of Indigenous individuals to be able to full a pipeline on deadline.

“Each Canadian ought to be outraged that our public regulator is permitting a publicly owned pipeline to interrupt a promise to Indigenous individuals to guard lands of non secular and cultural significance,” Stewart mentioned.

‘A difficult resolution’

The federal authorities has already permitted a complete of $13 billion in mortgage ensures to assist Trans Mountain safe the financing to cowl the associated fee overruns.

Trans Mountain Corp. has blamed its funds issues on a wide range of elements, together with inflation, COVID-19, labour and provide chain challenges, flooding in B.C. and sudden main archeological discoveries alongside the route.

Given the Canadian regulatory system has a repute for being sluggish and cumbersome, it was shocking to see the Canada Vitality Regulator rule so shortly on Trans Mountain’s route deviation request, mentioned Richard Masson, govt fellow with the College of Calgary’s Faculty of Public Coverage.

“It’s a difficult resolution to must make, if you’ve received a $30 billion pipeline that must be accomplished,” Masson mentioned.

“If there’s no possible approach to try this tunnel, then I assume it’s important to enable for this.”

Masson added that if the regulator had denied Trans Mountain’s request, it might have been dangerous information for taxpayers in addition to the federal authorities, which is looking for to divest the pipeline and has already entered into negotiations with a number of Indigenous-led patrons.

It additionally would have been dangerous information for Canadian oil firms, who’ve been eagerly anticipating the pipeline’s begin date to start delivery barrels to clients.

“If this may end up in the pipeline being accomplished by year-end and began up within the first quarter, that’s excellent news. The world remains to be in search of oil, and oil costs are up at US$90 a barrel,” Masson mentioned.

This report by The Canadian Press was first printed Sept. 25, 2023.