Application 1773549

Notice of Application
Application No. 1773549
Ember Resources Inc.
Fenn-Big Valley Field

The Alberta Energy Regulator (AER) has received Application No. 1773549.

Description of the Application
Ember Resources Inc. (Ember) has applied, pursuant to section 80 of the Oil and Gas Conservation Act (OGCA), for an order prescribing that all tracts within the drilling spacing unit comprising Section 7, Township 36, Range 19, West of the 4th Meridian, be operated as a unit to produce gas from all sands and coals from the surface to the base of the Belly River Group through a well to be drilled in Legal Subdivision 7, and from any subsequent wells to be drilled in Section 7.

The applicant has requested, among other things, that costs and revenues under the pooling order be allocated on a tract-area basis and that it be named operator of the well to be produced. The applicant has not requested that the pooling order include a penalty on actual drilling and completion costs.

For a copy of the application, contact

Carscallen LLP
1500, 407 – 2 Street SW
Calgary, Alberta T2P 2Y3
Attention: Matthew D.A. Potts
Telephone: 403-298-0695
Fax: 403-262-2952

To view the application and supporting documents, use the Integrated Application Registry (IAR) available under Systems & Tools on the AER website or 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.

To expedite your request, refer to this notice when requesting information.

Requirement to File a Statement of Concern
If you have concerns with this application and have not filed a statement of concern with the AER, you must file one as described below under How to File a Statement of Concern. If you do not file a statement of concern, the AER will continue to process the application and may approve it without further notifying you.

If the AER does not receive any statements of concern from a person who may be directly and adversely affected by the AER’s decision on the application, the AER may continue to process the application and may approve it without further notice or without a hearing.

How to File a Statement of Concern
In order for your submission to be considered a valid statement of concern, it must be filed before 4:00 p.m., on the filing dates below.

November 4, 2013               Final date to file a statement of concern.

Send one copy of your statement of concern to Ember at the name and address above and one copy to

Andrew Lung, Application Coordinator
Applications Branch, Resources Applications Group
Alberta Energy Regulator Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4

Contents of a Statement of Concern
In order for your submission to be considered a valid statement of concern, it must include

a) the application number(s) your statement of concern relates to;
b) an explanation of why you believe you may be directly and adversely affected by a decision of the AER on the application(s);
c) a statement about the nature of your concerns with the application(s);
d) the disposition of the application you are seeking;
e) the location of your land, residence, or activity in relation to the location of the energy resource that is the subject of the proposed application; and
f) your contact information including your name, address in Alberta, telephone number, fax number, if any, and an e-mail address.

Section 49 of the Alberta Energy Regulator Rules of Practice (Rules of Practice) requires 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.

Questions of Constitutional Law
In addition to giving notice according to section 12 of the Administrative Procedure and Jurisdiction Act and schedule 2 of the Designation of Constitutional Decision Makers Regulation, you must include the following information in your submission and file it according to the dates listed under How to File a 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, and
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.

Compensation Issues
Submissions relating exclusively to compensation for land use are not dealt with by the AER and should be referred to the Alberta Surface Rights Board.

For information on AER procedures, contact the application coordinator, Andrew Lung, by phone at 403-297-6797 or by e-mail to

Issued at Calgary, Alberta, on October 10, 2013.

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