Kinder Morgan wins Round 1 against the City of Burnaby
The National Energy Board (NEB) has ruled in favour of Kinder Morgan Canada in its battle against the city of Burnaby.
Kinder Morgan had warned that the start-up of its $7.4 billion Trans Mountain Expansion Project (TMEP) could be delayed past September 2020 if it is unable to get more clarity on Burnaby's permitting process. Burnaby's lawyer argued that city officials are simply doing their jobs and denies any wrongdoing. The city accused the company of being incompetent and says it showed no intention on complying with municipal bylaws.
The NEB has now ruled that construction can continue at the company's Burnaby and Westridge terminals without obtaining two permits related to zoning bylaws and tree clearing. The ball is now in Burnaby's court, with the mayor mulling an appeal or outright civil disobedience.
Kinder Morgan is still awaiting another motion from the NEB on the establishment of a conflict resolution process going forward. The company also announced a $200 million stock offering this week to help fund is expansion plans in Canada.