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Section IV: Other Items of Interest

4.1 Organizational Information

The Board is structured into five business units reflecting major areas of responsibility: Applications, Operations, Commodities, Planning, Policy and Coordination and Integrated Solutions. In addition, the Executive Office includes the specialized services of Legal Services and Regulatory Services.

Applications

The Applications Business Unit is responsible for processing and assessing most regulatory applications submitted under the NEB Act, including facilities and tolls and tariffs applications and construction and operation of international and interprovincial electric power lines. The Applications Business Unit is also responsible for other matters such as the financial surveillance and financial audits of companies under the Board’s jurisdiction and for addressing landowner concerns.

Operations

The Operations Business Unit is accountable for safety and environmental matters pertaining to facilities under the NEB Act, the COGO Act and the CPR Act. It conducts safety and environmental inspections and audits; investigates incidents; monitors emergency response procedures; regulates the exploration, development and production of hydrocarbon resources in non-accord Frontier lands; and develops related safety and environment regulations and guidelines.

Commodities

The Commodities Business Unit is responsible for energy industry and marketplace surveillance, including the outlook for the demand and supply of energy commodities in Canada, updating guidelines and developing regulations relating to energy exports as prescribed by Part VI of the NEB Act. It is also responsible for assessing and processing applications for oil, natural gas and electricity exports.

Planning, Policy and Coordination

The Planning, Policy and Coordination Business Unit is responsible for developing the NEB's long-term regulatory framework and regulatory tools and for organization-wide planning and coordination. This includes providing communication, engagement, appropriate dispute resolution and technical excellence (through its professional leader and knowledge network services) services to the Board.

Integrated Solutions

Integrated Solutions is responsible for developing, implementing and supporting strategies and solutions to enhance business outcomes. This includes Board-wide computer systems and services, materiel and facilities management, contracting, library services, corporate records management, financial management, human resource management, translation and document design and production.

Executive Office

The Executive Office is responsible for the Board’s overall capability and readiness to meet strategic and operational requirements, including providing legal advice for regulatory and management purposes,3 administering hearings and providing regulatory support.

Figure 13: NEB Organizational Structure

4.2 Department’s Regulatory Plan

Regulatory Instrument	Expected Results and Progress
National Energy Board Damage Prevention Regulations	Less prescriptive, goal oriented regulations for NEB regulated facilities to more effectively address safety in the proximity of pipelines. Will replace the National Energy Board Pipeline Crossings Regulations, Parts I and II. Work continues to address Department of Justice (DOJ) review of the proposed Damage Prevention Regulations.
National Energy Board Onshore Pipeline Regulations (OPR-99) and National Energy Board Processing Plant Regulations	Consider reviewing and modifying the existing regulations and guidance notes based on experience gained regarding the effectiveness of the NEB's move towards goal based regulation. Incorporating new provisions pertaining to security, decommissioning, incident reporting and operations and maintenance. An overall review of the OPR-099 was planned for the 2007-2008 fiscal year. In August 2007 the project was suspended due to heavy hearing workload. The overall review remains a high priority for RegDev but there is insufficient staff to carry out the project at this time. Amendments to the OPR-99 relating to decommissioning were published in the Canada Gazette Part 1 in November 2007.
National Energy Board Cost Recovery Regulations	Modifications to the existing regulations arising from a request from the electricity industry. The Board continued to work with DOJ on new language in the regulation until August, when the project was suspended due to heavy hearing workload. Project was re-initiated in April 2008.
Canada Oil and Gas Diving Regulations; Newfoundland Offshore Area Petroleum Diving Regulations; and Nova Scotia Offshore Area Petroleum Diving Regulations	Less prescriptive, more goal oriented regulations for activities in support of oil and gas programs in frontier lands. Progress was not made on the Diving Regulations this year per se but it was decided (by the FORRI) to amalgamate the suite of regulations under each jurisdiction into a single, goal oriented, regulation covering all aspects of the exploration and production of petroleum in Canada’s offshore and frontier areas.
Canada Oil and Gas Drilling and Production Regulations; Newfoundland Offshore Area Oil and Gas Drilling and Production Regulations; and Nova Scotia Offshore Area Oil and Gas Drilling and Production Regulations	Amalgamation of Canada Oil and Gas Production and Conservation Regulations and Canada Oil and Gas Drilling Regulations. Rewrite to a goal oriented style. Updated and streamlined administration. Significant progress was made towards goal oriented Drilling & Production Regulations under the 3 jurisdictions. Consultation on the proposed regulatory language was undertaken with industry and other stakeholders. DOJ review progressed and drafting of consequential amendments was undertaken. A project to create guidance was initiated by the three regulatory Boards. Initial publication in Canada Gazette Part 1 expected in 2008.

4.3 Service Standards Results

Service Standards	Service Standard Results 2007-2008*
Reasons for Decision 80% of Reasons for Decision completed within 12 weeks following a public hearing	Reasons for Decision Five hearings: 80% completed in 12 weeks
Export/import authorizations Oil and/or petroleum orders processed: 100% in 2 working days NGL orders processed: 100% in 2 working days Gas import and export orders processed: 100% in 2 working days Electricity export permits*: Category A: 80% within 40 calendar days Category B: 80% within 90 calendar days	Export/import authorizations Oil and/or petroleum orders processed: 13 new orders processed; 62% completed in 2 days NGL orders processed: 6 new orders processed; 67% completed in 2 days Gas import and export orders processed: 149 received; 99% completed in 2 days Category A: 35 received; 100% completed in 40 days Category B: 72 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: 16 files; 100% response within 10 calendar days Resolve the complaint: 16 files; 88% of files were closed within 60 calendar 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; 67% 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: 12 received: 92% in 40 days Category B: 3 received: 100% in 90 days Category C: 0 received
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 20 received: 100% of decisions rendered within 21 calendar days Geological and geophysical applications 23 received: 100% of decisions rendered within 30 days
CPR Act applications Decision for Significant Discovery Decision for Commercial Discovery Applications on Frontier lands 80% of decisions for both rendered within 90 calendar days	CPR Act applications 5 received: 100% of decisions rendered within 90 calendar days 0 received
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 received: 100% of requests completed in 30 days or notice of extension sent within 30 days; 1 request was received then later abandoned by the party who made the request
* The Board met all of its service standards except two. The Board’s target of sending the final OPR audit report to the company in 8 weeks was not met due to delayed processing. The Board’s target of processing new oil and/or petroleum and NGL export/import orders within 2 days was not met due to workload constraints. In these situations, orders were processed just under the standard at an average of 2.2 days.
** Service standards for Oil and NGL orders apply to new orders only (not renewals).
*** Electricity export applications are divided into one of two categories (minor or major) based on their level of complexity.

4.4 Contact Information

For further information about the National Energy Board, contact:

National Energy Board
444 Seventh Avenue SW
Calgary, Alberta T2P 0X8

Telephone: (403) 292-4800
Toll free: 1-800-899-1265

Facsimile: (403) 292-5503
Toll free: 1-877-288-8803

E-mail: info@neb-one.gc.ca
Internet site: www.neb-one.gc.ca

Key Contacts as of 31 March 2008

Ga�tan Caron	Chair and CEO
Sheila Leggett	Vice-Chair
Pradeep Khar�	Chief Operating Officer
Chris van Egmond	Business Leader, Applications
John McCarthy	Business Leader, Commodities
Sandy Lapointe	Business Leader, Operations
Glenn Booth	Business Leader, Planning, Policy and Coordination
Eric Bach	Business Leader, Integrated Solutions (Acting)
Rob Cohen	General Counsel
Claudine Dutil-Berry	Secretary of the Board
Dan Philips	Team Leader, Finance

1 The public interest is inclusive of all Canadians and refers to a balance of economic, environmental, and social interests that changes as society’s values and preferences evolve over time. As a regulator, the NEB must estimate the overall public good a project may create and its potential negative aspects, weigh its various impacts, and make a decision.

2 Appropriate Dispute Resolution is a tool that can be used to resolve differences outside of hearings and court proceedings. Various approaches can be used including negotiation, mediation and workshops, leading to increased understanding of interests and perspectives, and an increased likelihood of a “win - win” outcome.

3 Legal Services is accountable to the Chair and Board Members for the provision of legal advice. It is accountable to the Chief Operating Officer for its operations and administrative matters.