Friends of the Lubicon
PO Box 444 Stn D,
Etobicoke ON M9A 4X4
Tel: (416) 763-7500
Email: fol (at) tao (dot) ca
www.lubicon.ca
Feb 6, 2008
Today it rained Statements of Intent to Participate in the hearing of the Alberta Utilities Commission Application on TransCanada's proposal to build a huge new pipeline through unceded Lubicon Territory over Lubicon objections. Seven companies and the Lubicons all submitted Statements of Intent to Participate. More are expected tomorrow.
A copy of the Lubicon Statement of Intent to Participate is below and speaks for itself.
The seven companies are as follows:
1) The Industrial Gas Consumers Association of Alberta (IGCAA) that supports the TransCanada application "as representing the least-cost gas transmission facilities to meet system-wide receipt and delivery requirements".
2) The MEG Energy Company that holds a provincial approval for an oil sands project and is a shipper on the NGTL system.
3) Westcoast Energy Inc (SET West) that owns and operates a gas transmission pipeline and gathering and processing facilities located primarily in British Columbia and is concerned about "the possible impact of the Application, including any effect it may have on utilization of its existing facilities".
4) Alliance Pipeline Ltd. that notably objects to the proposed TransCanada pipeline expressing concern over:
"1. The adequacy of the supply and demand analysis filed in support of the project;
"2. The extent and timing of new facilities required to transport the volume of gas to the targeted market, given current capabilities and demand build up; and
"3. NGTL's failure to examine other possible alternatives, including transportation by others (TBO), in light of the scale of infrastructure being applied for."(Interestingly Alliance Pipeline is also being represented by the Calgary law firm of Bennett Jones.)"
5) Japan Canada Oil Sands Ltd. (JACOS) that indicates it "is a producer and shipper on the NGTL system, as well as a producer in Alberta's oil sands and therefore has a direct and relevant interest in the outcome of any proceeding relating to the Application".
6) Synenco Energy Inc. which "is advancing steadily toward the goal of developing" a oil sands mining and bitumen extraction operation called the Northern Lights Project and requires "Access to a secure and reliable supply of natural gas.
7) AltaGas Ltd. which "has an interest in the proceedings and outcome of this application as a result of its ownership involvement, directly and through affiliates, in several straddle plants located at border locations and in central locations in the province of Alberta".
Lubicon Statement of Intent to Particpate originally on Lubicon Nation letterhead
February 6, 2008
Alberta Utilities Commission
Facilities Branch, Calgary Office
Fifth Avenue Place, 425 - 1st Street SW VIA FAX
Calgary, Alberta T2P 3L8
Fax: 403-297-6104
Attention: D. W. Popowich, P. Eng.
Dear Mr. Popowich:
Re: Statement of Intent to Participate
Application No. 1551990
Nova Gas Transmission Ltd. (NGTL)
North Central Corridor
(North Star Section) & (Red Earth Section)
Meikle River Compressor Station Units C3 & C4
The Lubicon Lake Indian Nation hereby submits its Statement of Intent to Participate in Application No. 1551990. The nature of Lubicon interests at issue in the Application is as follows.
NOVA Gas Transmission Ltd. (NGTL), a wholly owned subsidiary of TransCanada Corporation, proposes to construct a major, 42 inch diameter gas pipeline called the North Central Corridor Pipeline through land the Lubicon Lake Indian Nation has never ceded in any legally or historically recognized way. While the nature and extent of Lubicon land rights are arguable, both levels of Canadian government and various United Nations human rights bodies have recognized the existence of continuing Lubicon land rights over the Territory traditionally used and occupied by the Lubicon people, and there have been on-again off-again negotiations pertaining to settlement of Lubicon land rights between the Lubicon Lake Indian Nation and both levels of Canadian government for over 25 years. The Lubicon Lake Indian thus has an abiding interest in the outcome of any proceeding pertaining to construction of the North Central Corridor Pipeline since construction of the North Central Corridor Pipeline directly and adversely affects recognized Lubicon land rights.
During meetings between the Lubicon Lake Indian Nation and representatives of TransCanada over an eight month period, Lubicon representatives made clear that they would oppose construction of the proposed North Central Corridor Pipeline unless and until representatives of TransCanada agreed to respect recognized Lubicon land rights and answered Lubicon questions pertaining to pipeline construction and operation prior to making application to a provincial regulatory agency. TransCanada has never answered Lubicon questions regarding construction and operation of the North Central Corridor Pipeline despite repeated promises by TransCanada representatives that those questions would be answered by someone they would bring to a subsequent meeting. Those promises were made by TransCanada representatives again at a meeting one week before TransCanada representatives filed Application No. 1551990 accompanied by false public claims that "no objections were raised in extensive consultation with landowners, native communities and other ‘interested stakeholders’".
Subsequent to filing Application No. 1551990 TransCanada representatives have taken the position that there is effectively no relationship between filing the Application and TransCanada’s so-called "engagement" with the Lubicon Lake Indian Nation to allegedly provide the Lubicon people with information about the proposed project, to seek information about potential Lubicon concerns and to supposedly develop appropriate mitigation measures. Lubicon concerns potentially impact proposed project design and plans and perforce must be dealt with prior to applying to the AUC for authority to proceed with project construction making clear that TransCanada’s so-called "engagement program" is not a sincere effort to inform the Lubicon people about the project, to hear Lubicon concerns and to develop mitigation measures but is rather only a transparent legal strategy designed to fend off any possible legal, regulatory and/or political challenges to TransCanada proceeding as it pleases with the proposed project.
Since filing Application No. 1551990 TransCanada representatives have also claimed that "NGTL was not aware of any specific concerns by the Lubicon Nation with respects (sic) to potential impacts of the NCC proposed pipeline route" when NGTL filed its AUC application. That is carefully phrased language that deliberately creates a false impression. While there were some discussions about pipeline route this claim that TransCanada was unaware of Lubicon concerns is clearly untrue when only a week before filing the AUC Application TransCanada representatives again promised to bring someone to a meeting with the Lubicon Lake Indian Nation who could take a position regarding respect for unceded Lubicon land rights and answer Lubicon questions about pipeline construction and operation that had been repeatedly raised by Lubicon representatives but never answered by TransCanada.
The Lubicon Lake Indian Nation intends to seek recovery of intervenor costs.
Communications relating to this submission should be directed to:
F. M. Lennarson
(address and phone number edited out by FOL)
Sincerely,
ORIGINAL SIGNED BY
Bernard Ominayak
Chief
Lubicon Lake Indian Nation
fol-request at masses.tao.ca