No, that was the second part of my answer. The choice of there being a hearing or not is a discretion that board members who sit on the case exercise. That is based in part on the degree of public concern about the project and their own expert opinion as to whether there could be environmental, safety, or economic impacts by the proposed project. It's a discretion exercised on a case-by-case basis.
There's no obligation for a section 58 application like this to have a hearing; it is discretionary. If a pipeline has more than 40 kilometres, the act says it must have a hearing under section 52 of the National Energy Board Act. So 40 kilometres is the cut-off point under the existing legislation that you passed back in 1959.