September 29, 2011 E-FILE Attention: Ms.

Anne-Marie Erickson Secretary to the Joint Review Panel Enbridge Northern Gateway Project

National Energy Board 444 Seventh Avenue SW Calgary, AB T2P 0X8 Dear Ms. Erickson: Subject: Northern Gateway Pipelines Inc. (Northern Gateway) Enbridge Northern Gateway Project Application of 27 May 2010 Hearing Order OH-4-2011 NEB File No: OF-Fac-Oil-N304-2010-01 01 Northern Gateway Request for Confidentiality in Joint Review Panel (JRP) Information Request No. 3.1(e) & (f) and 3.9(b)

Further to the JRPs Procedural Direction of September 12, 2011, comments were received from the following parties regarding Northern Gateways August 30, 2011 confidentiality request: The Federal Government Participants; The Haisla Nation; C.J. Peters Associates Engineering; and Josette Weir.

This letter provides Northern Gateways reply comments. Northern Gateway notes that, with the exception of Ms. Weir, no party takes issue with Northern Gateways position that the documents that are the subject of the confidentiality request, namely the Design Report, the Facility Construction Specifications and the Pipe Specifications (collectively "the Confidential Documents"), are the proprietary information of Enbridge and have consistently been treated confidentially. The Confidential Documents are of the same nature as the design standards which Enbridge has already confidentially filed with the JRP. These design standards were listed in Attachment JRP IR 3.1(f). The Confidential Documents have been developed by Enbridge and represent a significant investment, both with respect to Enbridges internal staff resources and the consultants that have worked with Enbridge to develop these materials. The Confidential Documents are the intellectual property of Enbridge, and are essential to the conduct of its pipeline business. The Confidential Documents have

September 29, 2011 Enbridge Northern Gateway Project - OH-4-2011

consistently been treated as confidential and have never been made available to Enbridges competitors. Notwithstanding the acknowledgement of the proprietary and confidential nature of the Confidential Documents, the intervenors are essentially arguing that the public interest requires disclosure in this case. Northern Gateway submits that public disclosure is not required from either a public interest perspective or as a matter of fairness to the parties. It was the JRP that requested the Confidential Documents. None of the intervenors have requested or in any way indicated that they required these documents in the information requests they submitted to Northern Gateway on or before August 26, 2011. Over 2100 information requests were submitted to Northern Gateway by intervenors and government participants. Numerous requests have sought detailed information regarding specific pipeline design and specification issues. This is expressly acknowledged by the Haisla Nation in their comments on the confidentiality request. The Haisla Nation indicates that they are being assisted by technical experts who have been preparing their requests. The Haisla Nation comments as follows: NGP has stated with respect to JRP IR 3.1(e) that if specific design details are required, JRP can address those specific items as they are requested. The Haisla Nation has submitted a number of information requests to NGP which seek specific design details. NGP has not yet provided its responses to those information requests, so it is too early to know whether NGP is, in fact, prepared to provide this information. Northern Gateways responses to the information requests have not been provided because responses are not yet due. The Haisla Nation will receive responses to their information requests by October 6, 2011. To the extent that the experts retained by the Haisla Nation consider that further information is required, the JRP process provides the opportunity for a second round of requests through which further specific information can be sought. The same is true of other intervenors; the federal government participants and Ms. Weir also asked numerous questions regarding pipeline design specifications. They too will receive responses and will have the chance to follow up with any specific questions. The purpose of the information request process is not to obtain a general discovery of all potentially relevant documents. That is the process in civil litigation. Civil litigation document production is not subject to public disclosure and has implied confidentiality obligations that follow all documents produced. The regulatory process is different. The regulatory process provides for specific information requests. Intervenors and government participants have made those requests in this case and none of them thought it necessary to request the Confidential Documents. Following the filing of the detailed responses to the information requests by Northern Gateway on October 6, parties will be able to determine whether they require any further information that can be sought in the second round of information requests. In the event that any intervenor or government participant does not believe that the information they have sought has been reasonably provided, there is a separate process for seeking further and better information responses. In conclusion, Northern Gateway submits that the Confidential Documents are the intellectual property of Enbridge and have been consistently treated as confidential. The public disclosure of the Confidential Documents would compromise Enbridges competitive interests relative to other pipeline companies. The Confidential Documents were only sought by the JRP and not other
3000, 425 1 Street SW, Calgary, AB, T2P 3L8 (T) 403.231.3900 (F) 403.718.3525
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September 29, 2011 Enbridge Northern Gateway Project - OH-4-2011

intervenors or government participants in their information requests. All these parties have requested information relevant to them in their own information requests. These requests will be responded to in due course and can be supplemented by further information requests. Neither the public interest, nor fairness to the intervenors or government participants, requires that they be given access to the Confidential Documents that have been requested by the JRP. Yours truly,
<original signed by>

Ken MacDonald Vice President, Law and Regulatory Northern Gateway Pipelines Limited Partnership
cc: CEAA Attention: Carolyn Dunn

3000, 425 1 Street SW, Calgary, AB, T2P 3L8 (T) 403.231.3900 (F) 403.718.3525

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