Pembina Pipeline says interim stay granted on phase III pipeline expansion litigation

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Pembina Pipeline Corp. announced that the Alberta Court of Queen’s Bench has granted an order that stays, on an interim basis, the Alberta Energy Regulator (AER) from issuing its written hearing decision on the company’s Fox Creek to Namao, Alberta expansion pipeline project. 

The interim stay was granted following a last minute application made by the Alexander First Nation for orders requesting an injunction of the AER decision process or preventing the AER from issuing its written hearing decision for the project. The court did not consider the merits of the Alexander injunction application, but ordered that the application proceed to adjudication expeditiously. 

The focus of Alexander’s concern appears to be a small portion of the project that would be constructed in proximity to lands owned or controlled by Alexander and lands that it may seek to potentially purchase in the future on the assumption there is a willing seller. Alexander’s arguments in this regard were previously rejected by the AER at the hearing. The AER’s statutory mandate is to provide for the efficient, safe, orderly and environmentally responsible development of energy resources in Alberta. Pembina expects that a second consideration of these matters, this time by the court, will yield a similar result.