Regulatory Strategy re Alberta’s Ethane Extraction Project (EEP)
Objective:
Identify federal and provincial regulatory pathways to (i) discredit the purported “needs” basis for increasing ethane supplies in Alberta and (ii) frustrate third-party activities aimed at developing new National Energy Board (NEB) or Alberta Energy and Utilities Board (EUB)–regulated ethane extraction facilities.
Approach:
IMC’s gas and NGL experts began by addressing key issues associated with the EEP: (a) the Alberta petrochemical industry’s contention that there was a “need” for new ethane; (b) the desire to remove ethane from the Alliance Pipeline in Alberta; and (c) the facility application requirements related to potential new ethane extraction projects. The team reviewed applicable provisions of the National Energy Board Act, Alberta’s energy regulations, and relevant regulatory decisions—particularly the NEB’s certification of the Alliance Pipeline and subsequent NEB and EUB rulings related to the proliferation of ethane extraction facilities in Alberta. The review analyzed authorizations for exporting rich gas for liquids extraction in the United States, provincial straddle plants, and other ethane extraction facilities. Regulatory procedural mechanisms, including reviews, re-hearings, information requests, and complaint filings, were catalogued to identify available regulatory levers.
Results:
The analysis produced a client-ready roadmap of regulatory and related options across both federal and provincial jurisdictions. It set out a range of short-term and ongoing proactive and reactive actions to defend against improper governmental and regulatory incentives for increasing ethane supplies, detailing when and how to engage with each body. It also established a monitoring plan for regulatory filings to gain additional insights into competitor activities and potential policy changes. Finally, it outlined a number of regulatory and commercial means that could frustrate competitors, including through regulatory reviews, complaints, and deep engagement in review processes.