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Proceeding ID 350 Redetermination
Prosper Petroleum Ltd
Prosper Rigel Project

The Alberta Energy Regulator (AER) will reopen the public hearing of Oil Sands Conservation Act application 1778538, filed by Prosper Petroleum Ltd (Prosper) to construct and operate a bitumen recovery scheme, in accordance with the direction of the Court of Appeal of Alberta’s decision in Fort McKay First Nation v Prosper Petroleum Ltd, 2020 ABCA 163.

This notice sets out how to request to participate in the hearing. The hearing will be scheduled after participation in the redetermination process has been decided.

Description of the Redetermination

Prosper Petroleum Limited’s (Prosper) Rigel Oil Sands Project (the project) is a proposed bitumen recovery scheme that would use steam-assisted gravity drainage (SAGD) to produce a maximum of 1600 m³ of bitumen per day (10 000 barrels/day). The bitumen would be recovered from Prosper’s leases in Sections 20 and 21 of Township 96, Range 17, West of the 4th Meridian.

In decision 2018 ABAER 005, dated June 12, 2018, the AER approved Prosper’s project finding it to be in the public interest.

The AER is reopening Proceeding 350 in order to redetermine whether approval of the project is in the public interest after taking into consideration the honour of the Crown and the Moose Lake Access Management Plan (MLAMP) process as directed by the Court of Appeal of Alberta in Fort McKay First Nation v. Prosper Petroleum Ltd., 2020 ABCA 163.

Where can I find information about the application and the hearing?

For access to the original hearing materials, or find out more about AER procedures, contact the hearing coordinator.

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

How can I apply to participate in the hearing?

Prosper and Fort McKay First Nation, the appellant at the Court of Appeal, are confirmed to be full parties to the redetermination.

Fort McKay Métis was also a party at the close of the original hearing and as such may participate in the redetermination hearing and do not need to submit a request to participate. However, they must confirm their intention to participate in the redetermination hearing and the nature and scope of their participation to the hearing coordinator by 4:00 p.m. on August 10, 2020.

Your request to participate must include the information set out under section 9(2) of the Alberta Energy Regulator Rules of Practice.

The reopened proceeding will be limited to redetermining whether approval of the project is in the public interest after taking into consideration the honour of the Crown and the MLAMP process as directed by the Court of Appeal of Alberta in Fort McKay First Nation v. Prosper Petroleum Ltd., 2020 ABCA 163.

Send a copy of the request to the hearing coordinator. Submissions should be PDF documents with bookmarks, page numbers (with the first page in the document being numbered page one), and optical character recognition.

Filing deadlines

You must submit your request by 4:00 p.m. on the filing date below.

August 10, 2020 Final date to file a request to participate.
August 17, 2020 Final date for response from Prosper on any requests 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. 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.

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 July 28, 2020.
ALBERTA ENERGY REGULATOR