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Notice of Hearing
Regulatory Appeal
Proceeding ID 394
Ovintiv Inc.
Regulatory Appeal of Applications 1914551, 1920992, and 338430

The Alberta Energy Regulator (AER) will hold a public hearing for a regulatory appeal of the AER's decision to approve applications 1914551, 1920992, and 338430. 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 If the request for the regulatory appeal is withdrawn, the hearing will be cancelled.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 October 23, 2018, Ovintiv Inc. (formerly Encana Corp.) submitted applications 1914500 and 1914551 for approval to construct two multiwell pads with eight horizontal sour gas wells each, targeting the Montney Formation. The wells would have a maximum hydrogen sulphide content of 73 moles per kilomole (mol/kmol), or  7.3 per cent, during completions and a release rate of 0.2687 cubic metres per second (m3/s). The location of the pad site for application 1914551 is Legal Subdivision (LSD) 15, Section 26, Township 72, Range 9, West of the 6th Meridian.

On March 15, 2019, W. Ambros and S. Ambros (the Ambroses) filed request for regulatory appeal 1919768 on applications 1914500 and 1914551.

On April 24, 2018, Ovintiv submitted application 1920992 for another multiwell pad of 10 sour gas wells to be located at LSD 15-27-072-09W6M, also with a maximum H2S content of 73 mol/kmol (7.3 per cent) during completions and a release rate of 0.2687 m3/s; application 1199791 for a sour water pipeline and a sweet gas pipeline; and application 338430 for a sour gas pipeline running from LSD 14-28-072-09W6M to LSD 15-30-072-09W6M that would transport gas with an H2S concentration of 70 mol/kmol (7.0 per cent).

On September 4, 2019, the Ambroses filed request for regulatory appeal 1924228 on applications 1920992, 119979, and 338430.

On December 19, 2019, the AER dismissed the requests for regulatory appeal on applications 1914500 and 1199791. At the same time, the AER determined that the Ambroses had established that they may by directly and adversely affected by applications 1914551, 1920992, and 338430, and decided to grant the requests for regulatory appeal on those applications.

The area of the applications is about nine kilometres from the town of Beaverlodge. (See map.)

The purpose of the hearing is to determine whether the AER should confirm, vary, suspend, or revoke its decision to approve applications 1914551, 1920992, and 338430.

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, Ovintiv Inc., 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 and the nature and scope of their participation to the hearing coordinator by 4:00 p.m. on March 24, 2020.

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

  1. a copy of your statement of concern, if applicable;
  2. a concise statement indicating
    1. why you may be directly and adversely affected by a decision of the AER on the regulatory appeal , or
    2. 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;
  3. the outcome of the regulatory appeal that you advocate;
  4. the nature and scope of your intended participation;
  5. your contact information;
  6. if you have a representative, their contact information;
  7. if you are acting on behalf of a group or association of persons, the nature of your membership in the group or association; and
  8. 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
March 24, 2020 Final date to file a request to participate.
March 31, 2020 Final date 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 March 4, 2020.