Oil & Gas Regulation

NATIONAL ENERGY BOARD / CANADA ENERGY REGULATOR EXPERIENCE

  • Counsel for numerous companies in public hearings concerning applications for approval of pipeline tolls and tariffs.
  • Counsel for companies in public hearings regarding cost of capital.
  • Counsel for numerous companies in public hearings and other proceedings concerning applications for approval to construct and operate international and interprovincial pipelines.
  • Counsel for companies in public hearings and other proceedings related to the construction and operation of new pipelines and the offering of new pipeline services, underpinned by financial support agreements following an open season.
  • Counsel for companies in public hearings regarding oil pipeline capacity apportionment issues.
  • Counsel for companies in public hearings regarding the application of oil pipeline common carrier principles.
  • Counsel for a shipper in the public hearing process regarding the application of Enbridge Pipelines Inc. to implement Canadian Mainline contract carriage.
  • Counsel for companies in proceedings related to federal pipeline abandonment liability funding set-aside and collection mechanisms.

ENERGY RESOURCES CONSERVATION BOARD / ALBERTA ENERGY REGULATOR EXPERIENCE

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  • In-house counsel with the ERCB in the early 1980’s during the time of prolific development of oil and gas facilities, petrochemical facilities and refineries.
  • Counsel for numerous companies in public hearings regarding applications for approval to construct and operate oil and gas wells, including sour gas facilities.
  • Counsel for numerous companies in public hearings regarding applications to the regulator for approval to construct and operate oil and gas pipelines, including sour gas facilities.
  • Counsel for numerous companies in public hearings regarding applications for approval to construct and operate or modify gas processing plants, including sour facilities.
  • Counsel for Mobil Oil Canada related to its then-proposed Kearl oil sands mine project, which did not proceed at the time due to the merger of Exxon and Mobil.
  • Counsel for companies involved in proceedings related to reservoir conservation and equity issues, such as well spacing, maximum rate of production limitation, rateable take orders, and common carrier and common processor orders.
  • Counsel for a group of gas producers involved in public hearings concerning gas over bitumen production disputes.
  • Counsel for companies involved in proceedings related to hydrocarbon zone delineation and designation.
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British Columbia Utilities Commission Experience

  • Counsel for a shipper in the public hearing related to setting tolls for the oil pipeline system of Plateau Pipe Line Ltd.
  • Advised several companies regarding pipeline common carrier issues.
  • Advised several companies regarding the jurisdiction of the British Columbia Utilities Commission.

Experience Working with Specialists and Expert Witnesses

Diverse experience working with specialists and subject matter expert witnesses in public hearings, including:

Financial Regulation

  • accounting;
  • capital structure, cost of capital and fair return;
  • economics;
  • market power;
  • market responsive pipeline service offerings;
  • negotiated toll settlements; and
  • regulatory principles related to the regulatory compact.
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Project Development

  • stakeholder engagement and consultation;
  • oil and gas reservoir engineering, geology, geophysics and reservoir modeling;
  • well drilling and operational safety;
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  • pipeline construction techniques, pipeline river crossing techniques, pipeline leak detection technology, pipeline integrity inspection methods, pipeline maintenance;
  • geotechnology;
  • hydrogeology;
  • containment of fugitive emissions and odours;
  • toxicology;
  • sour gas plume dispersion modelling, potential effects of sour gas on humans, livestock and wildlife;
  • potential effects of development on human health;
  • potential effect of development on the health of livestock, including alpacas and elk;
  • noise attenuation and abatement; and
  •  palynology.