Compliance Verification Activity Report: CV1617-213 - TransCanada PipeLines Limited

Overview

Compliance verification activity type: Field Inspection

Team:

• Inspector 2463
• Inspector 2641

Regulated company: TransCanada PipeLines Limited

Operating company: TransCanada PipeLines Limited (TransCanada)

Province(s) / Territory(s):

• Quebec

Discipline(s):

• Environmental Protection

Related events:

• CV1617-215
• CV1516-186

Rationale and scope:

As part of its annual compliance monitoring plan, the NEB scheduled a compliance verification activity (CVA) of TransCanada Pipelines Limited (TransCanada) pipelines located in the Saint-Sébastien, Quebec region. Pursuant to the National Energy Board Act (the Act), the Officers are planning an inspection of the Saint-Sebastien Loop to follow up on issues related to the reclamation of the Project’s construction work areas, with specific attention to Lots P-185-, P-186 and P-187 and to follow up on several NEB audits conducted since 2008. The inspection will focus primarily on the NEB’s requirements in respect of environmental protection and reclamation of the areas affected by the Loop’s construction, including the right-of-way (RoW) and the temporary work spaces (TWS). Under Condition 5(b) of Amending Order AO-1-XG-T001-14-2006, TransCanada is required to file Post-Construction Monitoring Reports (PCMR) for the Saint-Sebastien Loop (the Loop), with respect to Lots 185, 186 and 187 for a period of five years following commencement of operations of the Loop. TransCanada filed its final report on January 26, 2016 for the 2015 reporting year. This inspection follows up on assertions made in the PCMR, previous NEB audits and landowner problems and concerns.

Compliance tool(s) used:

• None

Facility details

Facilities:

• St-Sébastien Loop
• SAINT SEBASTIEN [St-Sébastien Loop]
• Line 800-1

Facility Types

• Pipeline
• Meter station
• Pipeline right of way (ROW)
• Valve site

Life-cycle Phases

• Operations
• Post-Construction (Reclamation)

Regulatory requirements

Regulatory requirements that apply to this activity:

• National Energy Board Act (NEBA)
• Onshore Pipeline Regulations (OPR)
• National Energy Board Pipeline Crossing Regulations (PCR2), Part II
• National Energy Board Pipeline Crossing Regulations (PCR1), Part I
• National Energy Board Act (NEBA) until 1 April 2020, Canada Energy Regulatory Act (CERA) after 1 April 2020
• Standards
• CSA Z662-15 - Oil and Gas Pipeline Systems

Observations (no outstanding follow-up required)

Observation 1 - Lots 185, 186 and 187

Date & time of visit: 2016-06-13 13:30

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Erosion
• Soil Handling
• Biosecurity
• Soil Integrity
• Crowns/Subsidence
• Surface Water Management
• Surface Water Management Plan
• Water Bodies - Non-Fish-bearing
• Sedimentation/Turbidity
• Reclamation
• Erosion
• Water Bodies - Fish-bearing
• Sedimentation/Turbidity
• Destruction/Loss of Habitat
• Disturbance
• Reclamation
• Erosion
• Vegetation
• Invasive Plant Management
• Vegetation Reclamation
• Crop Productivity
• Housekeeping
• Waste Management

Facility:

• St-Sébastien Loop (Pipeline)

Observations:

Following the opening meeting, NEB Staff, the Landowner and TransCanada Representatives inspected the pipeline RoW on these lots.
 
Summary Comments and Observations

• Fields seeded with corn and soya: corn seedlings ranged in height from 10 – 25 cm and soya seedlings ranged in height from 1 to 5 cm. Natural farming methods (no-till) are used. The RoW was visually indiscernable from adjacent crop land.
• Some invasive crop species were observed between crop rows; these weed species are common in the area.
• At the time of inspection, conditions were dry and no drainage issues were observed. Infiltration wells (with wood chips) were observed and appeared to be functioning.
• The Landowner expressed concerns about a drain on Lot 187, which had been damaged by a muskrat. TransCanada Representatives noted that the drain is not located within the pipeline RoW and had been previously inspected and repaired. TransCanada also indicated that a more thorough investigation is required.
• The banks of the Labonté Watercourse Crossing were well vegetated and no concerns with erosion or sedimentation were identified. Pipeline signage was present.

During the debrief meeting (15:05), Board Staff, the Landowner and TransCanada Representatives discussed the following:

• Timelines and logistics for drain verification; the Landowner and TransCanada will coordinate work to be completed in the fall after the harvest period;
• The Landowner and TransCanada will communicate on an easement agreement and any remaining compensation matters.

Compliance tool used: No compliance tool used

Observation 2 - Lots 26, 71 to 184, Valve Site 805, Valve Site 805 + 6.5, and Meter Station 805 + 6.53

Date & time of visit: 2016-06-14 09:23

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Erosion
• Soil Handling
• Biosecurity
• Soil Integrity
• Crowns/Subsidence
• Water Bodies - Non-Fish-bearing
• Reclamation
• Water Bodies - Fish-bearing
• Reclamation
• Vegetation
• Invasive Plant Management
• Vegetation Reclamation
• Crop Productivity
• Housekeeping
• Waste Management

Facility:

• St-Sébastien Loop (Pipeline)

Observations:

Following a job safety analysis (JSA), Board Staff and TransCanada Representatives inspected and walked the remainder of the 6.5 km Saint Sebastien Loop RoW.
 
Summary Comments and Observations

• At both valve site locations, vegetation is being managed within the fenced area and 1 to 2 metres outside the perimeter fence. Appropriate signage was observed.
• Fields seeded with corn and soya: corn seedlings ranged in height from 10 – 25 cm and soya seedlings ranged in height from 1 to 5 cm. Various farming methods are used, including conventional and natural techniques (no-till). The RoW was visually indiscernable from adjacent crop land.
• Some invasive species were observed between crop rows at certain locations; these weed species are common in the area.
• Banks of La Grande Décharge and Smith Bonneville Stream Watercourse Crossings were well vegetated and no concerns with erosion or sedimentation were identified. Pipeline signage was present.
• At the time of inspection, conditions were dry and no drainage issues were observed. However, issues with poor crop yield and drainage were identified on Lot 71; the TransCanada Representatives noted that these problems are attributable to the natural topography of the site (i.e., poor drainage due to an irregular surface) and not to TransCanada’s pipelines.
• The owner of Lot 79 did not grant access to his land so the Officers were not able to inspect that segment of the RoW. The field on this lot was seeded for hay production.

Compliance tool used: No compliance tool used

Observation 3 - Documents reviewed - TransCanada’s office

Date & time of visit: 2016-06-15 09:15

Discipline: Environmental Protection

Categories:

• Soils and Soil Productivity
• Erosion
• Soil Handling
• Biosecurity
• Soil Integrity
• Crowns/Subsidence
• Surface Water Management
• Surface Water Management Plan
• Water Bodies - Non-Fish-bearing
• Reclamation
• Vegetation
• Invasive Plant Management
• Vegetation Reclamation
• Crop Productivity
• Housekeeping
• Waste Management

Facility:

• St-Sébastien Loop (Pipeline)

Observations:

During the meeting, NEB Staff and TransCanada Representatives discussed the following:

• Post-construction follow-up work, including:
  • Identification of potentially problematic sites;
  • Drainage repair.
• Post-construction mapping;
• Problematic sites including:
  • Lots 71 and 79
• Review of landowner concerns for Lots 185, 186 and 187:
  • Timelines and logistics for drain installation and repair;
  • The Landowners and TransCanada will communicate on an easement agreement and any remaining compensation matters.
• The following documents were discussed and reviewed:

Compliance tool used: No compliance tool used

Observations (company follow-up required)

Identified non-compliances to company plans or procedures are non-compliances either to: