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Notice of Hearing
Regulatory Appeal
Proceeding ID 404
Keyera Energy Ltd.
Regulatory Appeal of Applications 1772918 & 1772924

The Alberta Energy Regulator (AER) will hold a public hearing for a regulatory appeal of the AER’s decision to approve applications 1772918 and 1772924. The hearing will be scheduled after requests to participate are filed. If the request for the regulatory appeal is withdrawn, the hearing will be cancelled.

Description of the Proceeding
On January 30, 2020, Keyera Energy Ltd. (Keyera) submitted applications 1772918 and 1772924 under the Pipeline Act to construct and operate two pipelines for its Key Access Pipeline System project (Project).

Description of the Project
The Project includes a new 565-kilometre pipeline system to transport condensate and natural gas liquids (NGL) from Keyera’s Pipestone Gas Plant in SW 7-73-8W6M. The condensate pipeline will tie into Keyera’s existing condensate system in NW 18-55-21W4M and the NGL pipeline will end at Keyera’s Fort Saskatchewan Fractionation and Storage Facility (KFS) in SE 14-55-22 W4M. One of the pipelines will be a 12-inch Natural Gas Liquids (NGL) Pipeline, and the other will be a 16-inch condensate pipeline. Both pipelines will be dually designed and permitted for both HVP and LVP operation.

On February 29, 2020, W. Ambros and S. Ambros (the Ambroses) filed a Statement of Concern (SOC No. 31716) regarding Keyera’s Project. On April 7, 2020, the AER dispositioned SOC No. 31716, without a hearing and Keyera’s Applications were granted.

Licence Nos. 61672 & 61673 were issued with respect to Segment 1B of the pipelines. Line 1 of Segment 1B is 58.58 kilometers and is from 08-10-073-09W6 to 04-26-068-08W6. Line 2 of Segment 1B is 13.45 kilometers and is from 04-26-068-08W6 to 14-18-067-07W6. (See map below).

On May 4, 2020, the Ambroses filed a request for regulatory appeal (1919768) of the AER’s decision to issue Licence Nos. 61672 & 61673 for Segment 1B to Keyera.

On October 27, 2020, the AER granted the request for regulatory appeal as it relates to the AER’s approval of Application Nos. 1772918 and 1772924 for Segment 1B, stating that the Ambroses may be directly and adversely affected by the decisions to issue the approvals for applications 1772918 and 1772924, because their land is within the Emergency Protection Zones of the HVP pipelines. The purpose of the hearing is to determine whether the AER should confirm, vary, suspend, or revoke its decision to approve applications 1772918 and 1772924.

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
Tara Wheaton,Hearing Coordinator
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4
Email: @email
Phone: 403-297-8288

Who are the current parties to this appeal?
W. Ambros and S. Ambros, Keyera Energy Ltd., and AER Regulatory Applications 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, the nature and scope of their participation to the hearing and their desired outcome of the regulatory appeal to the coordinator by 4:00 p.m. on January 19, 2021.

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. Requests to participate are placed on the public record of this proceeding.

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
    • what the nature of your interest in the matter is and why you should be permitted to participate,
    • how your participation will materially assist the AER in deciding the subject matter of the regulatory appeal,
    • how you have a tangible interest in the subject matter of the regulatory appeal,
    • how your participation will not unnecessarily delay the regulatory appeal, and
    • 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
January 19, 2021 - Final date to file a request to participate.
February 2, 2021 - Final date for the current parties to submit responses to any request to participate.

Is this a public process?
Yes. Section 49 of the Rules of Practice requires that all documents and information filed for a proceeding be placed on the public record. 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. You should assume that anything you submit will be available online to the public. 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.

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 January 5, 2021.