To: Kerm Yerman who wrote (7984 ) 12/17/1997 6:32:00 AM From: Kerm Yerman Read Replies (1) | Respond to of 15196
MEDIA / TransCanada Pipelines Sues over Alleged Pipeline Promise HALIFAX (CP) - A Calgary-based company that lost its bid to bring gas from Sable Island, N.S., ashore is suing the province claiming it had a 1983 promise it could build the pipeline. In a statement of claim filed in Nova Scotia Supreme Court, TransCanada Pipelines Ltd. says it spent more than $18 million on the project, but that's only the beginning of what the company is now seeking from the province. In addition to general damages for breach of contract and breach of a joint venture, TransCanada wants the profits it could have earned from the project and a declaration that the 1983 agreement remains enforceable. "It really does come down to asking for compensation for the money we spent and the lost opportunity," TransCanada spokesman Tony McCallum said Tuesday. TransCanada maintains it reached a 1983 deal with Nova Scotia Resources Ltd., a provincially owned Crown corporation, to design, construct, own and operate a pipeline to deliver gas to the Maritimes and the United States. The suit claims the province entered into a joint venture with TransCanada which has not been fulfilled. "Neither the province nor (Nova Scotia Resources) has given notice of termination of the agreement, nor attempted to bring about termination of the joint venture and partnership thereby created," says the suit. Nova Scotia Resources and TransCanada set up a regional pipeline company called Sable Gas Systems Ltd., which opened a local office, hired staff, produced reports, and prepared a draft submission to the National Energy Board, says the lawsuit. But in 1989 the partners decided the time was not right to bring gas ashore and the project was put off with hopes that it could be done in the late 1990s, says TransCanada. McCallum said TransCanada found out through news reports in 1995 that the province was again interested in Sable gas. When the company learned the Nova Scotia government was negotiating with new partners, it reminded the province of the 1983 agreement, he said. "The province ignored our reminders and continued to negotiate," he said. The suit claims the new Sable Offshore Energy Project proposed an offshore pipeline - the Maritimes and Northeast Pipeline - that was almost the same as the TransCanada project. The new proponents include Mobil Oil Canada, Shell Canada, Petro-Canada, Imperial Oil Resources and Nova Scotia Resources Ltd. Through the Crown corporation's involvement in the Maritimes and Northeast project, the province breached its agreement with TransCanada, says the suit. It also alleges the province misused confidential information provided by TransCanada to support the new pipeline project. In March, TransCanada teamed up with Montreal's Gaz Metropolitan to file an 11th hour pipeline submission to the National Energy Board. It lost out to Maritimes and Northeast, which received the approval of a federal-provincial joint review panel in October. Its appeal was dismissed a week ago. Premier Russell MacLellan said TransCanada's suit is "unjustified. "However, they've decided that they're going to proceed with at least the originating notice. I'm hoping that down the road they'll drop the charges." MacLellan said the province will file a defence soon.