Kinder Morgan cleared to start work on Trans Mountain pipeline expansion despite Burnaby's objections

Kinder Morgan cleared to start work on Trans Mountain pipeline expansion despite Burnaby's objections
From CBC - December 7, 2017

The National Energy Board issued an order Thursday saying Kinder Morgan Canada's Trans Mountain pipeline expansion is exempt from having to comply with two sections of bylaws in Burnaby,B.C., that were standing in the way of the $7.4-billion project.

The NEB order,whichcomes three days after the regulator heard the case in Calgary, says the company is not required to comply with two sections of the city's bylawswhich required the company to getpreliminaryplan approvals and tree-cutting permitsas it prepares to begin construction in the area.

Kinder Morgan had filed a motion to have the NEB overrule the bylaws on a constitutional basis, because it claimed Burnaby was delaying a project approved by the federal government.

The company told the NEB it has been frustrated at the lack of firm timelines, guidance and structure in the local process as it tries to secure permits for actions like tree removal and fence installation ahead of construction of oil storage and loading facilities in Burnaby.

Burnabyhad countered that it was following the standard bylaws process and blamed the companyfor shoddy applications.

Decision showsproject in national interest: Kinder Morgan

"We are pleased with the decision we have received from the NEB today, as it reinforces our view this federally approved Project is in the national interest," Ian Anderson, president of Kinder Morgan Canada, told theCBCin a statement Thursday.

"We await the NEB's decision on our second motion requesting the establishment of a generic process."

At the hearing earlier in the week, the company's lawyer argued thatBurnabyMayor DerekCorrigan'sstrong and vocal opposition to the project had created an atmosphere of opposition, even if the mayor had not specifically interfered in the process.

NEB mostly rubber-stamps Kinder Morgan's requests: Burnabymayor


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