We were asked to provide regulatory and policy support throughout a National Energy Board (“NEB”) Application process for the approval of transportation services and toll methodology for the client’s expanded oil pipeline project.
We provided expert written direct and reply evidence on the reasonableness of the open season process as well as the rate, risk sharing and commercial terms in the Facilities Support Agreement (i.e., precedent agreement) on behalf of the expansion project, a multi-billion dollar expansion of an oil pipeline in Canada.
In its recent Reason for Decision concerning the client’s tolls and tariff, the NEB unanimously approved our client’s open season process and toll methodology and determined that the toll methodology as proposed by the client will produce tolls that will be just and reasonable and not unjustly discriminatory.
In addition, the NEB determined that the proposed capacity allocation between firm and uncommitted service and allocation of uncommitted capacity between dock and land destinations is appropriate and, as a result, the expansion project will satisfy its common carrier obligation.
We provided expert witness testimony at the NEB hearings and support to the client throughout the hearing process.