Application 1688970

NOTICE OF HEARING
APPLICATION NO. 1688970
DOUGLAS AND DOROTHY HOLLANDS
SECTION 33 PIPELINE REMOVAL

The Energy Resources Conservation Board (ERCB/Board) will hold a public hearing of Application No. 1688970 (Application) at the Best Western Plus Denham Inn & Suites, 5207 – 50 Avenue, Leduc, Alberta, commencing on June 11, 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
Mr. Douglas Hollands and Mrs. Dorothy Hollands (the Hollands) have applied, pursuant to Section 33 of the Pipeline Act, for an order requiring Alberta Products Pipe Line Ltd. (APPL) to remove a portion of Lines 96 and 97 (Licence No. 7634) of its products pipeline. The pipeline transports low-vapour-pressure products, including gasoline, diesel, and jet fuel. The location of the portion proposed to be removed is in the northern half (N½) of the northwest quarter (NW) of Section 33, Township 49, Range 25, West of the 4th Meridian, adjacent to the City of Leduc, Alberta.

To obtain a copy of the Application, please contact
Klimek Buss Bishop Law Group
1450 Standard Life Centre
10405 Jasper Avenue
Edmonton, Alberta T5J 3N4
Attention: Ms. Karin Buss
Telephone: 780-468-1843
Fax: 780-468-3437

To view a copy of the Application and supporting documents, please 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 St. Albert Field Centre
30 Sir Winston Churchill Avenue
St. Albert, Alberta T8N 3A3
Telephone: 780-460-3800
E-mail: stalbert.fieldcentre@ercb.ca

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 the Hollands 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 disposition 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 a written submission with the ERCB by 4:00 p.m., on or before the filing dates below.

May 14, 2013         Final date for submissions from the Hollands.
May 28, 2013         Final date for submissions by all interested parties.

All written submissions must be sent in a PDF format that is tabbed, indexed, and page numbered with optical character recognition and bookmarks. Send one copy of your submission on CD to the applicant at the name and address above and five additional CDs to

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

Should the Board not receive a submission from the Hollands on or before May 14, 2013, the Board may cancel the hearing and close Application No. 1688970 without prejudice to either of the parties.

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.

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 for a determination of local intervener status under Section 28 of the ERCA and Directive 031: Guidelines for Energy Proceeding Cost Claims.

Applications for Confidentiality
Section 13 of the Rules of Practice requires that all documents filed in respect of a Board proceeding must 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) must be copied to the other parties to the proceeding. 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.

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 14 days before the proceeding commences.

For information about ERCB procedures, contact
Applications Branch, Facilities Applications Group
Attention: Mike Schuster
Telephone: 403-297-6013
E-mail: mike.schuster@ercb.ca
 
Issued at Calgary, Alberta, on April 30, 2013.

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