Application 1756130

Notice of Filing
Alberta Energy Regulator
Application No. 1756130

Notice of Application
Alberta Environment and Sustainable Resource Development
Environmental Protection and Enhancement Act
Application No. 022-68492

Cenovus FCCL Ltd.
Foster Creek Thermal Project
Athabasca Oil Sands Area

The Alberta Energy Regulator (AER) has received Application No. 1756130 and Alberta Environment and Sustainable Resource Development (ESRD) has received Environmental Protection and Enhancement Act (EPEA) Application No. 022-68492 (collectively the applications) from Cenovus FCCL Ltd. (Cenovus) for approval of the proposed Phase J expansion to its existing Foster Creek Thermal Project. The AER, ESRD, and other government departments are reviewing the applications and the associated environmental impact assessment (EIA).

This notice is not a notice of application of the AER, the submission deadlines given are not for statements of concern for filing under the Alberta Energy Regulator Rules of Practice (Rules of Practice).

Description of the Project Expansion
Cenovus FCCL Ltd. (Cenovus) has applied under section 13 of the Oil Sands Conservation Act, to construct, operate, and reclaim the Phase J expansion to its Foster Creek Thermal Project. Cenovus would modify and expand its Phase F, G, and H facilities to increase the overall production capacity of the project to 46 928 cubic metres per day (295 165 barrels per day). Bitumen production would be from the Wabiskaw-McMurray deposit and would use the steam-assisted gravity drainage (SAGD) recovery process. Cenovus would expand the development area and would include the construction of associated facilities, thermal wells, utilities, and infrastructure. About 657 well pairs on 73 pads would be required. Anticipated production is expected to be sustained over a 35-year period.

The expansion would be located about 90 kilometres north of the City of Cold Lake in Townships 69 to 71, Ranges 3 to 7, West of the 4th Meridian.

Cenovus has prepared and submitted the following documents:

  • Application No. 1756130 to the AER, under section 13 of the Oil Sands Conservation Act, to construct and operate the proposed expansion.
  • Application No. 022-68492 to ESRD, for the construction, operation, and reclamation of the proposed expansion.
  • An EIA report associated with the above applications. The EIA forms part of the application to the AER.

For a copy of the applications, contact

Cenovus FCCL Ltd.
500 Centre Street SW
Calgary, Alberta T2P 0M5
Attention: Brent Mitchell
Telephone: 403-766-7521
Fax: 403-766-7600

To view the applications, EIA, and supporting documents, contact

AER Information Product Services Section
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4
Telephone: 1-855-297-8311 (toll free; press 2)
Viewing hours: 9:00 a.m. to 3:00 p.m.

Alberta Government Library
Great West Life Building
6th Floor, 9920 – 108 Street
Edmonton, Alberta T5K 2M4
Telephone: 780-427-5828 (toll free: 780-310-0000)

AER Bonnyville Field Centre
P. O. Box 5169
4903 – 51a Street
Bonnyville, Alberta T9N 2G4
Telephone: 780-826-5352

How to File a Statement of Concern with ESRD
Under Section 73 of EPEA, any person who may be directly affected by the EPEA application may submit a written statement of concern. Statements of concern must be submitted by October 14, 2013. Quote Application No. 022-68492 (EPEA) when submitting a statement of concern.

If no statements of concern are received, the EPEA application may be approved without further notice. Failure to file a statement of concern may affect the right to file a Notice of Appeal with the Environmental Appeals Board.

Submit statements of concern to

Alberta Environment and Sustainable Resource Development
Regulatory Approvals Centre
Main floor, Oxbridge Place
9820 – 106 Street
Edmonton, Alberta T5K 2J6
Attention: Director, Northern Region
Telephone: 780-427-6311
Fax: 780-422-0154

The AER may also receive and review submissions sent to ESRD. Any interested party can file a submission with the AER directly if it has concerns with the applications to the AER. The filing deadline stated above is not for statements of concerns to be filed with the AER under the Rules of Practice, unless stated otherwise in an AER notice or other direction of the AER.

If you choose to file a submission, you may want to include the following information:

a) why you believe you may be directly and adversely affected by a decision on the application;

b) the location of the land, residence or activity of the person in relation to the location of the project that forms the subject of the proposed applications; and

c) your contact information including your name, address in Alberta, telephone number, fax number, if any, and if available, an e-mail address.

Section 49 of the Rules of Practice and section 35(1) of EPEA, require that all documents and information filed in 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. For the purposes of the ESRD, such requests can be filed according to section 35(4) of the EPEA.

Questions of Constitutional Law
In addition to giving notice according to section 12 of the Administrative Procedures and Jurisdiction Act and schedule 2 of the Designation of Constitutional Decision Makers Regulation, you must include the following information in your submission if you intend to raise a question of constitutional law:

a)the constitutional question you intend to raise

b)the legal argument you intend to make

c)the evidence you intend to rely on in support of your legal argument

Under section 21 of the Responsible Energy Development Act, the AER does not have jurisdiction to assess the adequacy of Crown consultation associated with the rights of aboriginal peoples as recognized and affirmed under the Constitution Act.

For information on AER procedures, contact

Oil Sands and Coal Branch, In Situ Oil Sands Group
Attention: Anna Louie
Telephone: 403-297-8396
Fax: 403-297-2474

Issued at Calgary, Alberta, on August 1, 2013.

Patricia M. Johnston, Q.C., General Counsel