4:03 p.m.
The Transportation Safety Board tells PrinceGeorgeMatters they don't have a comment on the Notice of Civil Claim by the Lheidli T'enneh First Nation but provided the following response:
"The Transportation Safety Board is the agency responsible for conducting the incident investigation looking into the cause and contributing factors of the incident. The NEB is carrying out regulatory oversight of the pipeline and the company’s response to the incident. The NEB has imposed a pressure restriction by means of an Inspection Officer Order on the pipeline to provide for safe operation until the NEB is satisfied that the restriction can be lifted."
Similarly, the National Energy Board had no comment on the court filing by the Lheidli T'enneh, pointing out the investigation into the explosion still continues.
12:19 p.m.
Enbridge has issued a response to the Lheidli T'enneh First Nation and their Notice of Civil Claim against the company due to the Oct. 9 pipeline explosion near Prince George.
The statement reads as follows:
"Enbridge’s natural gas pipeline system has been operating in B.C. for more than 60 years. Throughout that time, we have had strong relationships with many Indigenous communities near our pipeline system, including the Lheidli T'enneh First Nation.
It is not in the public interest to stop operating a critical piece of energy infrastructure that millions of people in B.C. and the U.S. Pacific Northwest rely on every day.
At Enbridge, safety is our number one priority. Following the incident on our natural gas pipeline north of Prince George, B.C. on Oct. 9, 2018, Enbridge has been advancing a comprehensive safety and integrity review of our natural gas pipeline system in B.C. This involves undertaking a rigorous inspection of every section of pipeline using sophisticated tools that detect potential problems. This comprehensive program also involves integrity digs and maintenance where necessary. This is an intensive effort intended to validate the safety and reliability of the entire B.C. system.
Enbridge is cooperating with the Transportation Safety Board, which is the lead investigator for this incident. The Lheidli T’enneh First Nation has been involved in the post-incident review process. A post-incident debriefing session on the emergency response on Nov. 21 involved multiple agencies, including the National Energy Board, emergency response services, Enbridge and leadership of the Lheidli T’enneh First Nation.
Enbridge is committed to fostering a strengthened relationship with Indigenous communities, including the Lheidli T'enneh First Nation, built upon openness, respect and mutual trust. We notified the Lheidli T'enneh First Nation of the pipeline incident within nine minutes and immediately began to provide the community with support. The next day, Enbridge representatives participated at a community meeting to provide additional information. We have included members of the First Nation on a flyover of the incident site, participated in two council meetings, and provided numerous updates to the community.
Our CEO Al Monaco has been in personal contact with Chief Dominic Frederick for a one-on-one meeting to strengthen and improve our relationship, and committed a team involving senior executives to negotiate a settlement and an agreement to frame our relationship going forward.
We value our relationship with Lheidli T'enneh First Nation and are committed to continuing to work with leadership and the community on strengthening that relationship."
11:16 a.m.
The Lheidli T'enneh First Nation in Prince George has announced they are suing Enbridge.
In a news conference this morning (Feb. 27), it was announced a lawsuit had been filed in BC Supreme Court in Prince George stemming from the pipeline explosion on Oct. 9, 2018 north of the city.
They are seeking a pre-trial injunction restraining the defendants (Enbridge), their servants, agents or otherwise from operating the pipeline within the LFTN territory and reserves.
They are also seeking to have the pipeline immediately dismantled and removed from the LTFN territory and reserve and lands to be restored to their natural state.
Malcolm Macpherson, legal counsel for the LTFN, says the Lheidli T'enneh First Nation has been shut out since the explosion happened and not consulted with.
More to come.
The Lheidli T'enneh says Enbridge started repairs on Oct. 12, 2018, on the 36-inch pipeline without the approval or consulting the Lheidli T'enneh. They allege Enbridge also started service again to the pipeline on Oct. 31, 2018, without approval.
They also say the explosion, repairs and return to service are and continue to be an unreasonable interference with the use and enjoyment of the Lheidli T'enneh's proprietary interests and are a constitute nuisance.
The complete list of relief being sought is as follows:
- A pre-trial injunction restraining the defendants, their servants, agents or otherwise from operating the pipeline within the Lheidli T'enneh territory and resources
- A permanent injunction restraining the defendants, their servants, agents or otherwise from operating the pipeline within the Lheidli T'enneh territory and reserves
- A mandatory injunction requiring the defendants to immediately dismantle and remove the pipeline from the Lheidli T'enneh territory and reserves and restore the Lheidli T'enneh and to their natural states
- Damages for nuisance, trespass and negligence
- Special damages
- A declaration that the Lheidli T'enneh First Nation has never been consulted or alternatively, adequately consulted with respect to the construction, operation, repair or return to service of the pipeline
- Equitable compensation
- Punitive damages
- Aggravated, or in the alternative, exemplary damages
- Interest pursuant to the Court Order Interest Act, R.S.B.C 2996, c.79 as amended
- Special costs
- Such further and other relief as the Honourable Court deems just
