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Table 2a: External Fees: Energy Regulation and Advice – National Energy Board Act



Fee Activity Description Amount

Energy Regulation and Advice – National Energy Board Act

The NEB regulates in the public interest those areas of the oil, gas, non-hydrocarbon and electricity industries relating to:

  • construction and operation of pipelines;
  • construction and operation of international and designated interprovincial power lines;
  • transportation, tolls and tariffs of pipelines;
  • exports of oil, gas and electricity and imports of oil and gas; and
  • oil and gas activities on Frontier lands not subject to a federal/provincial accord.
Fee Type Regulatory (R)
Fee Setting Authority The NEB External Charging is in accordance with sub-section 24.1 (1) of the NEB Act. As of 1 January 1991 under the NEB Cost Recovery Regulations, the Board recovers the cost of its operations from the majority of the companies that it regulates. The Board has the delegated authority to determine what costs will be excluded from program expenditures for cost recovery purposes.
Date Last Modified NEB Cost Recovery Regulations last amended on 6 November 2002
2008-2009 Forecast Revenue
($ millions)
Regulatory 48.5
2008-2009 Actual Revenue
($ millions)
Regulatory 52.22
Estimated Full Cost
($ millions)
Regulatory
a) NEB Costs = 45.1
b) Other Departments Costs = 6.3
51.5
Forecast Revenue
($ millions)

Sub-Total 2009 - 10
2010 - 11
2011 - 12

Total

45.7
38.3
38.3

122.3

Estimated Full Cost
($ millions)

Sub-Total 2009 - 10
2010 - 11
2011 - 12

Total

45.6
45.6
45.6

136.8



Service Standards Service Standard Results 2008-20091

Reasons for Decision

  • 80% of Reasons for Decision completed within 12 weeks following a public hearing

Reasons for Decision

  • 11 decisions: service standard with 91% completed in 12 weeks

Export/import authorizations

  • Oil and/or petroleum orders processed: 100% of new orders in 2 working days
  • NGL orders processed: 100%of new orders in 2 working days
  • Gas import and export orders processed: 100% of all orders in 2 working days

Electricity export permits

  • Category A (complexity of issues considered minor): 80% within 40 calendar days
  • Category B (complexity of issues considered moderate): 80% within 90 calendar days

Export/import authorizations

  • Oil and/or petroleum orders processed: 14 new orders processed; 100% completed in 2 days
  • NGL orders processed: 17 new orders processed; 100% completed in 2 days
  • Gas import and export orders processed: 170 received; 99% completed in 2 days

Electricity export permits

  • Category A: 9 received; 100% completed in 40 days
  • Category B: 2 received; 100% completed in 90 days

Landowner Complaints

  • Respond with initial course of action: 100% within 10 calendar days
  • Resolve the complaint: 80% within 60 calendar days

Landowner Complaints

  • Respond with initial course of action: 23 files; 100% response within 10 calendar days
  • Resolve the complaint: 23 files. Resolution times depend on file complexities and are typically longer than 60 days

Onshore pipeline regulation (OPR) audits

  • 80% of draft OPR reports sent to the audited company within 8 weeks of completing field work
  • 80% of final OPR reports sent to the audited company within 8 weeks of receiving the company’s comments on the draft report

Onshore pipeline regulation audits

  • 3 received: 100% sent to the audited company within 8 weeks
  • 3 received: 100% sent to the audited company within 8 weeks

Financial audits

  • 80% of draft financial reports sent to the audited company within 8 weeks of completing field work
  • 80% of final financial audit reports sent to company within 3 weeks of receiving the audited company’s comments on draft financial report

Financial audits

  • 3 audits conducted. Both service standards met (100% of reports sent within specified period)

Non-hearing Section 58 application cycle times

  • Category A (complexity of issues considered minor): 80% of decisions released in 40 calendar days
  • Category B (complexity of issues considered moderate): 80% of decisions released in 90 calendar days
  • Category C (complexity of issues considered major): 80% of decisions released in 120 calendar days

Non-hearing Section 58 application cycle times

  • Category A: 4 received: 100% in 40 days
  • Category B: 6 received: 100% in 90 days
  • Category C: 0 received

Consultation

When the NEB Cost Recovery Liaison Committee (CRLC) was established in July 1990, the composition of the committee ensured that there was representation from each of the industry’s major associations and companies. The CRLC was established for ongoing consultation and communication regarding cost recovery methodology, regulations and new initiatives affecting cost recovery processes. In addition, the NEB tables and discusses its financial statements and anticipated expenditures with the CRLC. The NEB’s performance results are presented to the CRLC at regularly scheduled meetings.

Dispute Management

The NEB has a Dispute Management Process in accordance with Treasury Board External Charging Policy, to ensure that disputes and issues raised by stakeholders related to external charging are addressed and resolved fairly and efficiently. In this process, there are three hierarchical levels to resolve a dispute. The first level of resolution rests with the Chair of the CRLC. If the dispute is unresolved at the first level, the issue will be passed on to the second level where a committee is formed. Where the first level and the second level fail to result in a resolution, the matter will be referred to the Chair of the Board. Each level is given 90 days from the date of receipt of notification or escalation to resolve the dispute.

The disputes and issues may include but will not be limited to:

  • failure to meet the agreed standard of services or products;
  • negotiated charges perceived to be unreasonable;
  • issues regarding specifications and descriptions of the required services or products;
  • cancellation of the negotiated services or products; or
  • failure to meet deadlines.

Table 2b: External Fees: Energy Regulation and Advice – Canada Oil and Gas Operations Act


Fee Activity Description Amount

Energy Regulation and Advice – Canada Oil and Gas Operations Act

Under the COGO Act, the NEB regulates oil and gas activities on Frontier lands not subject to a federal/provincial accord.

Fee Type Regulatory (R)
Fee Setting Authority Canada Oil and Gas Operations Act
Date Last Modified 1992
2008-2009 Forecast Revenue Regulatory $900.00
2008-2009 Actual Revenue
Regulatory $625.00
Estimated Full Cost Regulatory
a) NEB Costs = $5,300,000
b) Other Departments Costs = $700,000
$6,000,000
Forecast Revenue

Sub-Total 2009 - 10
2010 - 11
2011 - 12

Total

$900.00
$900.00
$900.00

$2,700

Estimated Full Cost

Sub-Total 2009 - 10
2010 - 11
2011 - 12

Total

5,300,000
5,300,000
5,300,000
$15,900,000



Service Standards Service Standard Results 2008-2009

COGO Act applications

Well drilling applications

  • Decisions rendered within 21 calendar days of receiving a complete application

Geological and geophysical applications

  • Decisions rendered within 30 calendar days of receiving a complete application

COGO Act applications

Well drilling applications

  • 12 received: 100% of decisions rendered within 21 calendar days

Geological and geophysical applications

  • 11 received: 100% of decisions rendered within 30 days

CPR Act applications

Decision for Significant Discovery

  • 80% of decisions for both rendered within 90 calendar days

Decision for Commercial Discovery Applications on Frontier lands

  • 80% of decisions for both rendered within 90 calendar days

CPR Act applications

Decision for Significant Discovery

  • 5 received: 100% of decisions rendered within 90 calendar days

Decision for Commercial Discovery Applications on Frontier lands

  • 0 received

Consultation

The NEB’s COGO Act and CPR Act service standards are reviewed with stakeholders on an opportunity basis at meetings with companies, organizations (such as the Canadian Association of Petroleum Producers), and at other venues (such as the Annual Oil and Gas Forum).

Table 3: External Fees and Service Standards: Service Standard for Access to Information Act


Fee Activity Description Amount

Access to Information Act

Fees charged for the processing of access requests filed under the Access to Information Act (ATIA)

Fee Type Other products and services (O)
Fee Setting Authority Access to Information Act
Date Last Modified 1992
2008-2009 Forecast Revenue Other Products and Services $100.00
2008-2009 Actual Revenue
Other Products and Services $0
Estimated Full Cost Other Products and Services
a) NEB Costs =
$29,500
Forecast Revenue

Sub-Total 2009 - 10
2010 - 11
2011 - 12

Total

$100.00
$100.00
$100.00

$300.00

Estimated Full Cost

Sub-Total 2009 - 10
2010 - 11
2011 - 12

Total

$30,000
$30,000
$30,000

$90,000



Service Standards Service Standard Results 2008-2009

Responding to Access to Information requests

  • Response provided within 30 days following receipt of request; the response time may be extended pursuant to section 9 of the ATIA. Notice of extension to be sent within 30 days after receipt of request.

Responding to Access to Information requests

  • 7 completed in 2008-2009. 5 received during reporting period, 2 requests were outstanding from the previous period.
  • 3 requests (43%) were completed in 30 days or notice of extension sent within 30 days, 1 request completed in 31-60 days, 2 requests completed in 61 to 120 days and 1 request completed in 121 days or over. Results were impacted by the broad scope and increasing complexity of requests as these requests required additional time to appropriately assess and respond to.

1 The Board met all of its service standards except two. The Board’s target for gas import and export orders was not met due to process delays on 1 out of 170 orders. The Board’s historical target on the resolution of landowner complaints was reconsidered during 2008-2009 as resolution times vary significantly depending on file complexities. Better indicators of the effectiveness of this process are under development during 2009-2010.