Our team provided extensive litigation support for over three years to the natural gas pipeline client as part of its pipeline restructuring proceeding before the National Energy Board (“NEB”) to address the numerous industry changes that had impacted capacity and tolls on the pipeline.
We filed numerous rounds of written evidence covering policy matters, cost allocation and toll design, directly answered or assisted in answering hundreds of information requests, provided oral testimony under cross examination on six different witness panels, and assisted the client and its attorneys regarding cross-examination of adverse parties.
The NEB ruled on the proposed restructuring plan, significantly changing the manner in which the pipeline commercially operates by fixing tolls through 2017 and granting our client complete pricing flexibility for the sale of short-term firm and interruptible transportation services. The client successfully defended against claims from certain intervenors that significant cost disallowances were appropriate, and the NEB also granted all of the client’s proposed cost allocation changes. The changes stemming from the decision led to a comprehensive settlement between the client and its largest shippers that was subsequently approved by the NEB. We also assisted the client in this proceeding before the NEB as well.