A TransCanada Corporation filed for a court review Monday in a dispute over the way it was treated during a leak investigation in 2014.
The Calgary-based pipeline operator is seeking a court order to force the federal government to pay for an independent forensic review of its work in the leak investigation, which resulted in an environmental assessment that TransCanada says was flawed.
The TransCanada Inc. filed the notice Monday in the Federal Court of Appeal, seeking a judicial review of the federal Department of Energy and Mines’ handling of the case.
The company says it will be required to pay a “substantial sum” in the amount of $2.4 million to the Department of Justice for its work on the leak and to compensate TransCanada for lost profits.
The department is expected to decide whether to pursue an action in the federal court next week.
The case is TransCanada Corp v.
Department of the Interior and Northern Development.
TransCanada says the federal department failed to comply with its obligations under the Clean Water Act, including the requirement to conduct an independent, non-partisan, forensic review.
The company says the company’s review was inadequate, as it failed to include the findings of a report by the Canadian Environmental Assessment Agency and was unable to provide the department with access to documents related to the incident, such as those that might be relevant to a civil or criminal case.
It also argues that the department should have disclosed to TransCanada’s inspector general, which had oversight of the spill, the existence of the forensic review, the results of its investigation and the fact that it was conducted by a private third-party.
The Department of Interior and Natural Resources is expected this week to issue a report on the spill.
Trans Canada is seeking to prevent the department from implementing its own findings, and also to force TransCanada to pay TransCanada “substantially more” than the estimated $2 million it was owed for the review, which TransCanada alleges was not made available to the department.
Transcanada was one of two companies that conducted a forensic review in 2014 of the leaking of 2.8 million litres of crude oil from the Bakken oil field in North Dakota to a tank at the St. Lawrence River in New Brunswick.
It found that a pipe was breached and that the oil was leaking.
The report was released last month.