Energy Executive Blasts Kinder Morgan Review As “Fraudulent,” Quits

Marc Eliesen has withdrawn as an intervenor in the federal government’s review of Kinder Morgan’s Trans Mountain pipeline and oil tanker expansion project, detailing his reasons for quitting in a scathing 1,500 word letter to the National Energy Board.

Eliesen is the former CEO of B.C. Hydro and the former Chair of Manitoba Hydro. A deputy minister in seven different federal and provincial governments, Eliesen has forty years’ executive experience in the energy sector, including as a board member at Suncor.

Here is the full text of his letter to the secretary of the NEB:

Dear Ms. Young:

The Intervenor, Marc Eliesen, wishes to withdraw from the National Energy Board hearing on the Trans Mountain Expansion Project (TMEP).

I applied as an intervenor with expertise to offer the Board in good faith that my time and personally incurred costs would be well spent in evaluating Trans Mountain’s proposal, questioning the Proponent, preparing evidence commensurate with my expertise, answering questions on that evidence, and providing final argument. Unfortunately, I have come to the conclusion that the Board, through its decisions, is engaged in a public deception. Continued involvement with this process is a waste of time and effort, and represents a disservice to the public interest because it endorses a fraudulent process.

I have a professional background that includes over 40 years of experience in senior executive positions in the energy sector of Canada, and an understanding and working knowledge of the mandate and operations of the National Energy Board, including an appreciation of the principles of natural justice and the rules and practices of quasi‐judicial bodies in Canada. I have reached my conclusions based on my wealth of experience.

I rigorously reviewed Trans Mountain’s application and developed extensive questions in the first round of Information Requests. I was dismayed when the oral cross-examination phase — that has served as a critical part of all previous Section 52 oil pipeline hearings — was inexplicably removed from this hearing. It is my experience that when a Proponent does not face the spectre of oral cross-examination, their written responses to interrogatories suffer from a lack of detail and accountability. Still, I was willing to see the results of the Information Request process the Board promised would be sufficient.

The unwillingness of Trans Mountain to address most of my questions and the Board’s almost complete endorsement of Trans Mountain’s decision has exposed this process as deceptive and misleading. Proper and professional public interest due diligence has been frustrated, leading me to the conclusion that this Board has a predetermined course of action to recommend approval of the Project and a strong bias in favour of the Proponent.

In effect, this so-called public hearing process has become a farce, and this Board a truly industry captured regulator.