Application 1673682

NOTICE OF HEARING
DOVER OPERATING CORP.
DOVER COMMERCIAL PROJECT
ATHABASCA OIL SANDS AREA
APPLICATION NO. 1673682

The Energy Resources Conservation Board (ERCB/Board) will hold a public hearing of Application No. 1673682 (Application) at MacDonald Island Park, 151 MacDonald Drive, Fort McMurray, Alberta, commencing on April 23, 2013, at 9:00 a.m. All interveners to this proceeding must be present at the commencement of the hearing to register their appearance.

Description of the Application
Dover Operating Corp. (Dover) has applied to construct, operate, and reclaim a bitumen recovery project that would use steam assisted gravity drainage (SAGD) technology. The project would be constructed in five phases and have a total bitumen production capacity of 39 750 cubic metres per day (m3/d) (250 000 barrels per day [bbl/d]). The first phase would have a bitumen production capacity of 7950 m3/d (50 000 bbl/d). The project would be located 95 kilometers northwest of Fort McMurray in the Regional Municipality of Wood Buffalo and the Municipal District of Opportunity within Townships 92, 93, 94, 95, and 96, Ranges 15, 16, 17, and 18, West of the 4th Meridian.

Construction of the first phase would begin in 2013, and initial steaming would begin in 2015.
In support of the project, Dover has submitted the following:

  • Application No. 1673682 to the ERCB, pursuant to Section 10 of the Oil Sands Conservation Act, for approval to construct and operate the 39 750 m3/d (250 000 bbl/d) bitumen recovery scheme.
  • Application No. 001-268285 to Alberta Environment (AENV), pursuant to Part 2, Division 2 of the Environmental Protection and Enhancement Act (EPEA), to construct, operate, and reclaim the project.
  • An application (File No. 00285847) to AENV, pursuant to the Water Act, to divert
    784 300 m3 of groundwater from the Empress (Birch) Channel Aquifer, and 1 257 700 m3 of groundwater from the Grand Rapids Formation (Unit 3 Sand) for oilfield injection (i.e., SAGD). The proposed water source wells—two Empress Formation wells and ten Grand Rapids Formation wells—would be located in Townships 92 to 94 and Ranges 16 and 17, West of the 4th Meridian.
  • An environmental impact assessment (EIA) report associated with the above applications. The EIA forms part of the application to the ERCB.

To obtain a copy of the applications, contact

Dover Operating Corp.
1500, 250 – 6th Ave SW
Calgary, Alberta  T2P 3H7
Attention: Mr. Jerry Demchuk
Telephone: 403-817-2606
Fax: 403-265-6636
E-mail: info@doveropco.com
Web site: www.doveropco.com

To view a copy of the Application and supporting documents, contact

ERCB Information Services
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Telephone: 403-297-8311 (Option 2)
E-mail: infoservices@ercb.ca
Viewing hours: 9:00 a.m. to 3:00 p.m. ERCB Fort McMurray Regional Office
2nd Floor, Provincial Building
Box 15, 9915 Franklin Avenue
Fort McMurray, Alberta  T9H 2K4
Telephone: 780-743-7214

To help expedite your request, please reference this notice when making any requests for information.

Requirement to File a Written Submission
If you have an interest in this matter and wish to make submissions or provide evidence at the hearing of the Application, you must file a written submission with respect to the Application even if you have previously filed a submission with the Board or with Dover on this Application. Submissions must include photocopies of all documentary evidence that you intend to present and/or rely on at the hearing (including, but not limited to, copies of expert reports, PowerPoint presentations, photographs, articles, etc.) and a summary of all evidence you intend to present.

If you do not file a submission, the hearing of the Application may be cancelled and the ERCB will continue to process and may approve the Application without a hearing and without further notice.

How to File a Submission
Any party intending to make submissions with respect to the hearing of the Application must file by 4:00 p.m., on or before the filing dates below.

March 5, 2013 - Final date for submissions by all interested parties.
March 19, 2013 - Final date for response submissions from applicant.

Send one copy of your submission to Dover at the name and address above and 3 copies to

Alanda Allum, Application Coordinator
Applications Branch, Facilities Applications Group
Energy Resources Conservation Board
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4

Contents of a Submission
Under Section 24(2) of the Energy Resources Conservation Board Rules of Practice (Rules of Practice), submissions must contain
(a) a concise statement indicating
(i) the manner in which the intervener’s rights may be directly and adversely affected by a decision of the Board on the proceeding,
(ii) the nature and scope of the intervener’s intended participation,
(iii) the disposition of the proceeding that the intervener advocates, if any,
(iv) the facts the intervener proposes to show in evidence,
(v) the reasons why the intervener believes the Board should decide in the manner that the intervener advocates, and
(vi) the intervener’s efforts, if any, to resolve issues associated with the proceeding directly with the applicant;
(b) the name, address in Alberta, telephone number, fax number and, if available, e-mail address of the intervener;
(c) if the intervener is represented by a representative, the name, address in Alberta, telephone number, fax number and, if available, e-mail address of the representative; and
(d) if the intervener is an unincorporated organization, the nature of the intervener’s membership.
Any party intending to raise a question of constitutional law at the hearing must, pursuant to Section 25 of the Rules of Practice, also include the following in its submission:
(a) the constitutional question the person intends to raise,
(b) the legal argument the person intends to make, and
(c) the evidence the person intends to rely on in support of the person’s legal argument.

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

Eligibility for Hearing-Related Local Intervener Costs
A finding by the ERCB that a person is entitled to participate in a hearing under Section 26(2) of the Energy Resources Conservation Act (ERCA) is not a decision on that person’s eligibility for an award of costs under Section 28 of the ERCA. Persons intending to seek repayment of hearing-related costs must apply under Section 28 and Directive 031: Guidelines for Energy Proceeding Cost Claims.

Applications for Confidentiality
Section 13 of the Rules of Practice requires that all documents and information filed in respect of this proceeding be placed on the public record. However, any party may apply for confidentiality of information under Section 13(2). Any application under Section 13(2) that is to be considered during a public hearing of the application must be copied to the other parties to the proceeding. Any application seeking confidentiality under Section 13 of the Rules of Practice must include the reasons for the request, including the specific harm that would result if the information were placed on the public record. The Board may grant a request for confidentiality on any terms it considers appropriate, subject to the Freedom of Information and Protection of Privacy Act. Section 13 of the Rules of Practice is available on the ERCB website at www.ercb.ca.

Questions of Constitutional Law
Any person intending to raise a question of constitutional law in the proceeding must, pursuant to Section 12 of the Administrative Procedure and Jurisdiction Act, complete and file a Notice of Question of Constitutional Law. All notices filed must be in the form and contain the information outlined in Schedule 2 of the Designation of Constitutional Decision Makers Regulation. Notices must be submitted to the Board at least 21 days before the proceeding commences.

For information about ERCB procedures, contact

Applications Branch, Facilities Applications Group
Attention: Alanda Allum
Telephone: 403-297-8848
E-mail: alanda.allum@ercb.ca

Issued at Calgary, Alberta, on January 18, 2013.

ENERGY RESOURCES CONSERVATION BOARD
Patricia M. Johnston, Q.C., General Counsel