The National Energy Board is committed to measuring client needs and
expectations with regard to the services it offers. These results assist the NEB
in monitoring its service performance and modifying service aspects when
necessary. In 2004-2005, the NEB adopted the Common Measurements Tool
(CMT) as a method for evaluating client satisfaction.
The CMT Question Bank is a key of questions used in a number of feedback
mechanisms undertaken during the year. The NEB has requested feedback in areas
such as: the hearing process, publications, workshops and events. This year, a
major research project was undertaken to obtain feedback from (1) landowners who
have NEB-regulated pipelines on their land, and (2) from industry stakeholders.
CMT questions and survey methodology were used in the 2004 survey of
landowners and industry stakeholders undertaken by a third party (Environics
Research Group) on behalf of the NEB. From these surveys, the NEB was able to
obtain information about respondents’ experience with NEB services and their
satisfaction levels in areas such as: the handling of issues pertaining to
pipelines on their property, and NEB processes, staff and information.
Many of the landowners surveyed had relatively little direct contact with the
NEB. However, those who had were asked a series of questions about their
interaction with NEB staff to determine where, if any, service improvements were
required. A gap analysis (Figure 16) [6]
was completed to more clearly depict opportunities for service
quality enhancements.
Figure 16: Gap Analysis of Service Quality
In the survey of industry stakeholders, a slightly different process to measure
satisfaction was used. Respondents were asked to rate their level of agreement
to questions regarding service aspects as well as the level of importance they
placed on these aspects.
This resulted in an Agreement/Importance Matrix (Figure 17) which shows that
all the aspects of service asked about were of high importance to industry
respondents. Respondents also had a high level of agreement when asked about the
quality of services provided by the NEB. Overall, this portrays a positive
outcome. However, there are still opportunities for improvement, especially in
the area of the stakeholders receiving what they need (b) and NEB staff going
the extra mile in their service renderings (e). It is interesting to note
that these are also the areas where the widest gap in service to landowners was
shown.
Figure 17: Agreement/Importance Matrix
Dimensions of Service |
Level of Agreement |
Importance |
a) Fair Treatment |
4.5 |
4.7 |
b) Received what was needed |
4.1 |
4.5 |
c) Staff Competency |
4.4 |
4.5 |
d) Ease of Access |
4.3 |
4.4 |
e) Staff Effort |
4.0 |
4.3 |
The National Energy Board's Internet site is becoming the preferred channel
as more Canadians seek information or choose to conduct business on line.
The NEB’s Internet site currently welcomes more than 41,000 visitors per
month. The most requested portion of the site is Regulatory Documents, which is
a repository of more than 7,000 documents that have been filed on-line by
regulated companies, intervenors and the NEB itself since the service was
launched in 2002. The e-filing forms are a key means to effectively engage with
parties (including the public) wishing to intervene or comment on a project
before the Board.
In 2004-2005, the NEB continued its efforts to ensure that its Internet site
is accessible to all Canadians by complying with Government On-Line and Common
Look and Feel standards set by the Treasury Board Secretariat. Key projects
included:
- Planning and contracting for a major redesign of the NEB Internet site to
be completed in 2005-2006 to better meet stakeholder needs and expectations
and to increase the efficiency of site maintenance.
- On-line proactive disclosure of Travel and Hospitality Expenses and
Contracts in compliance with Treasury Board policy
(www.neb-one.gc.ca/AboutUs/Disclosure/index_e.htm).
- Major improvements to e-filing in December 2004 based on feedback received
from users (www.neb-one.gc.ca/efile/help/WhatsNewV1_5_e.htm).
- Preliminary analysis and implementation of an e-business framework
leveraging epass Canada to secure online transactions and support official
electronic records as per the Secure Electronic Signature Regulations .
The launch of My Account is planned for the fall of 2005 and will
enable representatives of organizations mandated by a Propane/Butanes Export
Order to file their Commodity forms securely.
- Review and revision of the NEB’s Web site’s important notices to
comply with new guidelines and to better reflect NEB privacy and security
practices.
The NEB remains committed to initiatives related
to the management improvement agenda of the federal government. The NEB is an
active partner with the Treasury Board Secretariat on major change initiatives
aimed toward the development of citizen-focused government through initiatives
such as modern comptrollership and the Management Accountability Framework
(MAF).
Performance measures are fully entrenched in NEB results measurement (see
section 2.5). Work on performance indicators begun in previous years is
maturing and the NEB is now in a position to trend some results and to challenge
some performance indicators by trying to find an appropriate balance of leading
and lagging indicators. In addition, the NEB is collecting, analyzing and
publishing information on safety performance of companies regulated by the NEB.
When areas of concern become apparent the NEB responds immediately with further
information collection and analysis. For example, from 2003 data, contractor
injury frequency appears to be increasing. The NEB will be spending some time at
the June 2005 NEB Workshop consulting with regulated companies to increase
understanding of NEB processes, regulatory requirements and expectations while
collaborating on regulatory improvements that may be used to address this issue.
The Quality Management System (formerly Management System Framework)
initiative continued in 2004-2005 (discussed in section 2.5). This initiative
involves the documentation and development of business processes intended to
move the NEB toward an ISO-based management framework.
The NEB places high regard on supporting employees through the active
demonstration and adherence to its values and ethics. Previous concerns that not
all of the organizational values were actively being demonstrated led to an
employee survey on organization value renewal late in the year. These
actions clearly demonstrate the sincere commitment of the Chairman and the
entire management team to continued improvement in the understanding and
day-to-day application of NEB values.
N/A
The NEB promotes sustainable development on the basis of the generally
accepted principle that sustainable development means “meeting the needs of
the present without compromising the ability of future generations to meet their
own needs”. This in turn requires integrating environmental, economic
and social considerations.
For example, section 52 of the NEB Act states that the Board shall, in making
its decisions on the issuance of certificates to construct pipelines, be
“…satisfied that the pipeline is and will be required by the present and
future public convenience and necessity…” and that “…the Board shall
have regard to all considerations that appear to it to be relevant…”
including “any public interest that may be affected…”. The Board
typically assesses environmental, economic, market and social considerations in
making decisions, as well as matters pertaining to safety.
The NEB has furthered its commitment to sustainable development by developing
and implementing an all-encompassing quality management system, based on ISO
9001 principles. This fully integrated management system follows a continuous
improvement cycle to focus on operating more efficiently and improving decision
making for all functions of the organization.
The NEB discharges its responsibilities by the Market-Based Procedure for
long-term gas exports and Fair Market Access tests for oil and electricity. The
concept underlying these mechanisms is that efficient (competitive) markets will
best ensure that the current and future needs of Canadians are met. Toward this
end, the Board monitors energy markets and provides information on the current
state and outlook for these markets in the form of Energy Market Assessments and
notably, in the Board’s periodic long-term outlook for Canadian energy supply
and demand.
Implementing the principles of sustainable development is also illustrated
through the NEB’s daily activities. Over the past twelve years NEB staff have
participated enthusiastically in the annual Calgary Transit Commuter Challenge,
often winning in their corporate category.
The procurement and contracting functions are the responsibility of the
Supply Management Team within the Corporate Services Business Unit.
In 2004-2005, there were some 900 procurement instruments issued for a total
contract value of $2.7 million. Of these, 18 contracts/local purchase orders
were issued under the auspices of the Procurement Strategy on Aboriginal
Business program for a total value of $343,300.
Also during this year, Supply Management applied for and obtained accounts in
the MERX electronic tendering system in order to increase efficiency in the
contract tendering process.
The NEB became a separate employer under the Public Service Staff
Relations Act effective 31 December 1992 under Order in Council (OIC) (P.C.
1992-2595). Through the OIC, personnel management, as defined by the Financial
Administration Act , was delegated to the Chairman of the NEB. For unionized
employees, the NEB has agreed to adopt the policies of the National Joint
Council, as amended from time to time, as part of the conditions of employment.
Regulatory Instrument
|
Expected Result
|
National Energy Board Damage Prevention Regulations
|
Less prescriptive, more 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.
|
National Energy Board Onshore Pipeline Regulations (OPR-99) and National
Energy Board Processing Plant Regulations
|
Revise regulations to include concept of decommissioning.
|
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 under
the Canada Oil and Gas Operations Act and under the Accord
implementation acts [7] .
Updated and harmonized regulations for diving activities in support of oil
and gas programs in frontier lands.
|
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
|
Less prescriptive, more goal-oriented regulations for drilling and
production activities on frontier lands and the areas covered by the
Accord implementation acts. Amalgamation of Production and
Conservation Regulations and Drilling Regulations for each
jurisdiction.
|
Oil and Gas Occupational Health and Safety Regulations
|
Updated regulations to conform with the Canada Occupational Safety
and Health Regulations under the Canada Labour Code .
|
Regulations made under the Canada Oil and Gas Operations Act
- Production and Conservation Regulations
- Certificate of Fitness Regulations
- Geophysical Operations Regulations
- Installations Regulations
|
Incorporation of recommendations made by the Standing Joint Committee
for the Scrutiny of Regulations.
|
Regulations made under the Accord implementation acts
- Newfoundland Offshore Area Petroleum Production and
Conservation Regulations
- Newfoundland Offshore Area Petroleum Drilling Regulations
- Newfoundland Offshore Area Petroleum Installations
Regulations
- Nova Scotia Offshore Area Petroleum Geophysical Operations
Regulations
- Nova Scotia Offshore Area Petroleum Production and
Conservation Regulations
- Nova Scotia Offshore Petroleum Installations Regulations
- Nova Scotia Offshore Petroleum Diving Regulations
- Nova Scotia Offshore Petroleum Drilling Regulations
|
Incorporation of recommendations made by the Standing Joint Committee
for the Scrutiny of Regulations.
|
Submerged Pipeline Regulations under the National Energy Board Act
|
A new goal-oriented regulation for offshore pipelines. This
regulation is being created to fill a gap in the NEB’s regulatory
structure.
|
National Energy Board Cost Recovery Regulations
|
Amendment to these regulations to adjust the mechanism for allocating
costs to companies within the electricity industry.
|
National Energy Board Onshore Pipeline Regulations (OPR-99)
|
Review of this regulation five years after promulgation. The
review will update it and address areas that are not working as intended.
|
The following two tables present a summary of NEB Public Hearings and
Non-Hearing Applications from 1 April 2004 to 31 March 2005.
Oral Hearings
|
Results
|
Outcomes
|
TransCanada Pipelines Limited - Tolls
Phase I
(RH-2-2004)
|
Hearing held from 14 to 25 June in Ottawa, Ontario.
Decision issued on 10 September 2004.
|
Approved net revenue requirement and rate base for new tolls it may
charge for the period 1 January to 31 December 2004.
|
TransCanada PipeLines Limited
North Bay Junction
(RH-3-2004)
|
Hearing held from 16 August to 10 September 2004 in Montreal, Quebec
and Calgary, Alberta.
Decision issued on 16 December 2004.
|
Approved a new receipt and delivery point at the North Bay Junction.
|
TransCanada Pipelines Limited - Tolls
Phase II
(RH-2-2004)
|
Hearing held from 29 November 2004 to 4 February 2005 (22 days) in
Calgary, Alberta.
Decision pending as of 31 March 2005.
|
Approval of tolls for the period 1 January to 31 December 2004.
Phase II dealt with cost of capital.
|
Enbridge Pipelines Inc.
(RH-1-2005)
|
Hearing scheduled to commence on 29 March, postponed to 7 April 2005.
|
Applications to recover costs in the Canadian mainline for two pipeline
reversals in the U.S. – Spearhead Pipeline and 20” Reversal Pipeline.
|
Non-Hearing Applications and Other Matters |
Number of Decisions
|
Electricity Matters
|
33
|
Frontier Matters
|
32
|
Natural Gas Matters
|
105
|
Natural Gas Liquids Matters
|
35
|
Oil Matters
|
88
|
Pipeline Matters
|
150
|
Traffic, Tolls and Tariff Matters
|
46
|
|