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Project Application

Notice of Hearing
Regulatory Appeal
Proceeding ID 372
Gibson Energy Inc.
Regulatory Appeal of EPEA Approval Amendments 00246980-00-03 and 00010801-02-02

The Alberta Energy Regulator (AER) will hold a public hearing on a regulatory appeal of Environmental Protection and Enhancement Act (EPEA) approval amendments 00246980-00-03 and 00010801-02-02, which were made by the AER on February 14, 2018, under section 70(3)(a) of EPEA (amendment decision). This notice sets out how to request to participate in the hearing. The hearing will be scheduled after participation in the hearing has been determined.

Description of the Proceeding
On March 16, 2018, the AER received from Gibson a request for a regulatory appeal of the amendment decision pursuant to Part 2, Division 3 of the Responsible Energy Development Act and Part 3 of the Alberta Energy Regulator Rules of Practice. On July 27, 2018, the AER determined that a hearing into the regulatory appeal would be held.

Gibson Energy Inc. (Gibson) said, in its request for a regulatory appeal, that the amendment decision contravenes EPEA and is outside of the AER’s jurisdiction and authority under EPEA, and that the AER erred in law and in jurisdiction by making the amendment decision.

The purpose of the hearing is to determine whether the AER should confirm, vary, suspend, or revoke the amendment decision.

Where can I find information about the hearing?
To view or receive a copy of the hearing materials, or for information on AER procedures, contact

Tammy Turner, Hearing Coordinator
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4
Email: Hearing.Services@aer.ca
Phone: 403-297-3232

Who are the current parties to this appeal?
Gibson and the AER Authorizations Group are parties to this regulatory appeal. As parties, they may participate in the hearing and do not need to submit a request to participate. However, they must confirm their intention to participate in the hearing, and confirm the nature and scope of their participation, no later than noon on December 5, 2018.

How can I apply to participate in the hearing?
If you are not already a party to the regulatory appeal and want to participate in the hearing, you must submit a written request to participate in accordance with Part 2 of the Alberta Energy Regulator Rules of Practice.

Your request to participate must contain

a) a copy of your statement of concern, if applicable;

b) a concise statement indicating

  • why  you may be directly and adversely affected by a decision of the AER on the regulatory appeal, or

  • if you will not be directly and adversely affected by a decision of the AER on the regulatory appeal, explain

    1. what the nature of your interest in the matter is and why you should be permitted to participate,

    2. how your participation will materially assist the AER in deciding the subject matter of the regulatory appeal,

    3. how you have a tangible interest in the subject matter of the regulatory appeal,

    4. how your participation will not unnecessarily delay the regulatory appeal, and

    5. how you will not repeat or duplicate the evidence presented by the other parties in the regulatory appeal;

c) the outcome of the regulatory appeal that you advocate;

d) the nature and scope of your intended participation;

e) your contact information;

f) if you have a representative, their contact information;

g) if you are acting on behalf of a group or association of persons, the nature of your membership in the group or association; and

h) your efforts, if any, to resolve issues associated with the proceeding directly with the party requesting the appeal or the approval holder, as the case may be.

Send the request to the hearing coordinator. Submissions should be PDF documents with bookmarks, page numbers, and optical character recognition.

Filing deadlines

December 5, 2018 - Final date to file a request to participate.

December 12, 2018 - Final date for Gibson and the AER Authorizations Group to submit a response to any request to participate.

Is this a public process?
Yes. Section 49 of the Alberta Energy Regulator Rules of Practice (Rules of Practice) requires that all documents and information filed for a proceeding be placed on the public record. If you file a submission, you must not include any personal information that you do not want to appear on or are not authorized to put on the public record. Section 49(2) of the Rules of Practice states how to apply to the AER for an order to keep information confidential.

What is outside of the AER’s jurisdiction?
Compensation for land use is not dealt with by the AER and should be referred to the Alberta Surface Rights Board.

Consultation with Alberta’s First Nations and Métis settlements and assessment of its adequacy are managed by the Aboriginal Consultation Office.

If my request to participate is approved, can I apply to get reimbursed for hearing-related costs?
If you are participating in a hearing, you may be eligible to have some of your costs paid. Directive 031: REDA Energy Cost Claims explains how and when to apply.

Issued at Calgary, Alberta, on November 20, 2018.
ALBERTA ENERGY REGULATOR