After years of public hearings, supporters and opponents of the proposed Northern Gateway pipeline are gearing up to make their final case to the National Energy Board.
Beginning Monday in Terrace, the Joint Review Panel examining the environmental assessment application for the megaproject will hear oral arguments from Northern Gateway itself and 37 intervener groups.
University of Victoria professor Chris Tollefson has been busy preparing his case on behalf of B.C. Nature/Nature Canada. An opponent of the $6.5 billion project to connect Alberta's oilsands with the port in Kitimat via a pipeline and export terminal, the nature groups will use their allotted hour to debate some arguments raised by Northern Gateway.
"In this final oral submission, it's likely the points that are being made are going to be fairly high level, somewhat elective and I think given the time limits I think the (panel) is going to be careful to ensure parties are only responding to points that can legitimately be dealt with in a reply," Tollefson said.
Northern Gateway will be up first and have two hours on Monday morning to offer rebuttals to the written final arguments made by intervener groups last month. Northern Gateway president John Carruthers said he expects his company's lawyers will address concerns raised about the level of information in the application, spill prevention response plans and concerns around aboriginal rights.
"It's pretty consistent with the key aspects of the projects that were discussed either in the oral hearings and/or written evidence," he said.
The B.C. government made a big splash with its written argument, using strong language to indicate the pipeline as proposed doesn't meet its requirements. Carruthers said those concerns will likely be addressed as part of Northern Gateway's presentation on Monday.
"We need to look at the final argument presented by all of the interveners including the province of B.C., who clearly is a key stakeholder," he said.
Once Northern Gateway has finished its rebuttal, each intervener group will have up to one hour to make their presentations. For the most part they will proceed in alphabetical order, although some groups have swapped spots to help with scheduling.
Once all 37 groups have been heard top to bottom on the list, they will get a second chance to speak when the list flips to bottom to top. The second rebuttal is meant to be brief and is limited to address arguments made by other interveners during the oral presentations.
Tollefson said it's important to have the chance to debate the points raised by other parties, but he expects the panel will place more weight on the substantive written submissions.
"Obviously the written arguments which have already been filed will likely be the key documents the panel has to grapple with when they retire to make their decision, but I think during this final stage there may be an opportunity for the parties to challenge each others arguments to some degree," he said.
First Nations groups represent the largest contingent of groups making oral arguments, with 14 expected to speak over the course of the next two weeks. Six community organizations - including the Fort St. James Sustainability Group - have signaled their intention to speak.
Four governments are also on the list, with the province of B.C.'s highly anticipated presentation expected either Monday afternoon or Tuesday morning. The federal government, the Alberta government and the District of Fort St. James have also expressed an interest to address the panel.
The remaining interveners include individuals, labour, environmental groups opposed to the project as well as oil and gas industry groups and some Edmonton business organizations in favour of the pipeline.
The panel will provide a report to the federal government by the end of the year offering recommendations on whether the pipeline should be given the green light to proceed as is, whether conditions should be attached to its certificate or whether it should be rejected. The federal government will have the final say, with a decision expected in early 2014.
Opponents of the pipeline will hold a demonstration in a Terrace park on Sunday afternoon. Organizers have described the event as their final argument to the Joint Review Panel.
"British Columbians have overwhelmingly said 'no' to Enbridge and 'yes' to a future with salmon, clean rivers, jobs, culture and a liveable climate," rally organizer Caitlyn Vernon said.
- Editor's Note: Peter James will be reporting from Terrace at the start of the final public arguments. Follow his coverage in next week's Citizen.
