Introduction

The National Energy Board (Board) is proposing additional pipeline performance measures beyond the current incident reporting measures collected by the Board under the Onshore Pipeline Regulations, 1999 (OPR-99). The following is a proposed set of Environmental Protection Program measures for companies to use to assess their performance and to report to the Board. Each of the proposed measures is accompanied by a guidance note in order to provide further clarification, and to support consistency of reporting. PROPOSED ENVIRONMENTAL PROTECTION PERFORMANCE MEASURES 1. Environmental Protection Program Training Indicator Training and Competence Environment Protection Performance Measure The percentage of employees with valid training on the company wide Environmental Protection Program (EP Program).

Who does training apply to? This applies to all employees and does not include contractors, subcontractors or consultants. What is considered valid training? Valid training is considered to be a structured learning event with a means of assessing competence. The level of training for each employee will be appropriate to the level of accountability, and will be identified as part of the company's management system under the OPR-99 requirement of an EP Program. For example:

administrative staff might have an overview with a quiz; managers, professionals and technical staff might have an on-line module with a test; and staff with direct accountability for environmental compliance, such as an environmental specialist/inspector, may be required to have formal classroom training with an exam.

How long is the training good for? This is also to be identified in the EP Program. It is recommended that re-training should be within 5 years due to advances in industry best practices and legislation. 2. Site Specific Environmental Training Indicator Training and Competence Environment Protection Performance Measure The percentage of construction staff, both contractors and employees with valid training on the site-specific Environmental Protection Plan (EP Plan).

The distinction between the EP Program and EP Plan is the latter is a site-specific or project plan designed for a construction project of any size and resides within the EP Program. For additional guidance, refer to the EP Program training performance measure guidance above. 3. Restoration of Disturbed Agricultural Right-of-Way (RoW) Environment Protection Performance Measure Kilometers of NEB-regulated right-of-way on agricultural land that is restored to a Land condition similar to the surrounding environment and consistent with the current Capability land use after 5 years from the in-service date versus the total kilometers of NEBregulated right-of-way that is disturbed. Agricultural land (also agricultural area) denotes the land suitable for agricultural production, both crops and livestock. Where do these restoration criteria come from? Section 21 of the Onshore Pipeline Regulations, 1999 uses this terminology. How is the 5 year threshold reported on? All RoW that is disturbed within the past 5 years is to be assessed against the commitments made by the company in the application, in the EP Plan and in compliance with the approval conditions and the OPR-99. What is "disturbed" right of way? A RoW is considered disturbed if there is any construction activity that breaks ground. This would include digs, repairs, pipe replacement and new construction. 4. Resolution of Environmental Issues Environment Protection Performance Measure The total number of operational environmental issues identified in the EP Issue Identification Program or EP Plan that have been addressed versus the total number of and Mitigation operational environmental issues identified over a 5 year period. What is an operational environmental issue? An environmental issue is one that results from an incident as defined by the OPR-99, or is one that is identified as a result of monitoring and surveillance activities under the company EP Program or EP Plan related to the operation of the pipeline and associated facilities. This does not include RoW reclamation as a result of construction activities. Indicator Indicator