The former CEO of ICBC is raising concerns that the National Energy Board is dealing with her complaint about Kinder Morgan behind closed doors.
Robyn Allan, a retired economist and vocal opponent to Kinder Morgan's proposed expansion for the Trans Mountain pipeline, filed a motion with the board alleging the company has broken the National Energy Board Act several times in the past few years.
"The (NEB) certificates that have allowed them to operate the pipeline are not held by the company they've been saying it's held by because they did not ask for approval from the board," Allan said. "The way I see it, since 2007, they've probably violated the act five times."
Allan is an intervenor in the NEB hearing, where all the documents outlining questions from participants and responses from Kinder Morgan and the NEB are available to the public.
In this particular case, Allan said the NEB decided to have the full board (not just the three members assigned to the Kinder Morgan file) deal with her concern.
"The fact that the panel board said we are sending this to the full board for review tells me that the panel board is very concerned, because if they didn't think Kinder Morgan violated the act, they would have said so," Allan said. "Remember the board is supposed to enforce their act, and if they have been sloppy and not enforcing the act, then there's an embarrassment, so of course they are going to want to have that dealt with behind closed doors."
Sarah Kiley, spokesperson for the NEB, explained the reason the NEB referred Allan's motion to the full board is because it's not directly related to Kinder Morgan's proposal to expand the Trans Mountain pipeline.
"The board said this is a matter that's outside the application. We're looking at a certificate for a new pipeline, we're not looking at what Trans Mountain may or may not have done," Kiley said. "They weren't intending to tip their hand."
Kiley said the board will respond directly to Allan and the ruling will be published on the NEB website.
The crux of Allan's original complaint focuses on corporate structuring. Allan said Kinder Morgan should have applied for approval or permission from the board when Kinder Morgan Inc. acquired 100 per cent ownership rights in the assets of Trans Mountain Pipeline ULC in November. The act requires any sale, transfer or lease to be approved by the board. Allan raised concerns with the NOW that if Kinder Morgan were in violation of the NEB Act, the company's insurance may not hold up in the event of a spill. Kiley said she couldn't speak to that, but it may be something the board looks at while considering Allan's motion.
Scott Stoness of Kinder Morgan Canada disagreed with Allan.
"Her assertion is our ultimate parent buying our subsidiary constitutes a sale, purchase or lease, and we disagree with that," Stoness told the NOW.
"The company that owns the pipeline hasn't changed. The ownership that owns the pipeline is the same before as the day after."
