Application 1703019, et al.

 

Application 1703019, et al.

Notice of Hearing
Coal Conservation Act Applications No. 1703019 and 1780894
Environmental Protection and Enhancement Act Application No. 007-10404
Water Act Applications No. 16576 and 00210935
Capital Power GP Holdings Inc.
Wetaskiwin Coalfield

The Alberta Energy Regulator (AER) will hold a public hearing of the applications for the Genesee Mine Extension Project identified in this notice. The project is a joint venture between Capital Power GP Holdings Inc. (Capital Power) and the operator of the existing mine, Westmoreland Coal Company.

The AER will set the date, time, and place of the hearing after it has made decisions on requests to participate that are filed with the AER in accordance with this notice. If no party makes a request to participate or no request to participate is granted by the AER, the AER may cancel the hearing and will continue to process and may approve the applications without a hearing.

Description of the Applications

Capital Power has applied under the Coal Conservation Act, Environmental Protection and Enhancement Act, and Water Act for approvals to extend the Genesee mine. The project is an extension of the existing surface mine, haul roads, and associated infrastructure, and would result in about 3691 hectares (ha) of new disturbance, with about 1309 ha of that occurring during the first 10 years of the project.

The project would be located about 75 kilometres (km) southwest of Edmonton, Alberta, and about 20 km north of the village of Warburg. The project would expand the Genesee mine to the south, west, and east of the current mining areas, into Township 50, Ranges 2 and 3, West of the 5th Meridian. The project would provide about 5.5 million tonnes of coal per year to the Genesee Generating Station for 36 years. More detailed descriptions of the project applications can be found at the end of this notice.

For a copy of the applications, contact
Capital Power Corp.
Genesee Mine
9th Floor, EPCOR Tower
10423 101 Street NW
Edmonton, Alberta  T5H 0E9
Attention: Darren Alessandrini
Telephone: 780-392-5502
Fax: 780-392-5960
E-mail: dalessandrini@capitalpower.com

To view the applications and supporting documents, contact
AER Information Management Branch
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Telephone: 1-855-297-8311 (option 2)
E-mail: infoservices@aer.ca
Viewing hours: 9:00 a.m. to 3:00 p.m.

Refer to this notice when making any requests for information to expedite the response.

Requirements to Participate

If you wish to participate in the hearing, you must file a request to participate even if you have already filed a statement of concern with the AER or with Alberta Environment and Sustainable Resource Development.

Contents of a Request to Participate

A request to participate under section 9 of the Alberta Energy Regulator Rules of Practice (Rules of Practice) must be in writing and contain

  1. a copy of your statement of concern or an explanation why you did not file one;
  2. a concise statement indicating
    1. why and how you may be directly and adversely affected by a decision of the AER on the applications, or
    2. if you will not be directly and adversely affected by a decision of the AER on the applications, explain
      • how your participation will materially assist the AER in deciding the matter that is the subject of the hearing,
      • your interest in the hearing,
      • how your participation will not unnecessarily delay the hearing, and
      • how you will not repeat or duplicate the evidence presented by the other parties to the hearing;
    3. the outcome on the application that you advocate,
    4. the nature and scope of your intended participation,
    5. your efforts, if any, to resolve issues associated with the proceeding directly with the applicant;
  3. your contact information, including your name, address in Alberta, telephone number, e-mail address or, if you do not have an e-mail address, your fax number;
  4. if you have a representative, their name, address in Alberta, telephone number, e-mail address or, if they do not have an e-mail address, their fax number; and
  5. if you are acting on behalf of a group or association of persons, the nature of your membership in the group or association.
Confidentiality

Section 49 of the 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 under 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 and file it according to the dates listed under How to File a Request to Participate if you intend to raise a question of constitutional law:

  • the constitutional question you intend to raise,
  • the legal argument you intend to make, and
  • 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, 1982.

How to File a Request to Participate

Submissions must be filed before 4:00 p.m. on the filing dates below.

July 3, 2014 Final date for interested parties to file a request to participate.
July 17, 2014 Final date for response from the applicant on any requests to participate.

Submissions must be compatible with AER systems and should be PDF documents with bookmarks, page numbers, and optical character recognition. Send one copy of your submission to Capital Power at the name and address above and one copy to
Melinda Gonie,Hearing Coordinator
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
E-mail: Melinda.Gonie@aer.ca

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.

Eligibility for Hearing-Related Costs for Participants

Participants in a hearing who intend to seek advance payment or repayment of hearing-related costs must apply according to Directive 031: REDA Energy Cost Claims.

For information on AER procedures, contact the hearing coordinator, Melinda Gonie, by phone at 403-297-6296 or by e-mail to Melinda.Gonie@aer.ca.

Issued at Calgary, Alberta, on June 5, 2014.
ALBERTA ENERGY REGULATOR
Patricia M. Johnston, Q.C., General Counsel

Descriptions of the Genesee Mine Extension Project Applications

Coal Conservation Act Applications No. 1703019 and 1780894

Capital Power has applied under the Coal Conservation Act, Part 4, sections 11 and 13, to amend mine permit C99-8B and amend mine licence C2005-12C, allowing development to proceed for all mine areas proposed for development for the years 2014 to 2024.

Environmental Protection and Enhancement Act (EPEA) Application No. 007-10404

Capital Power has applied under EPEA, Part 2, Division 2, for a 10-year renewal of its existing Approval No. 10404-02-00, including an amendment to approve the proposed mining area for the years 2014 to 2024. The development requires about 1309 ha of new disturbance during the 10-year renewal period. Soil material would be conserved for reclamation. Disturbed areas would be reclaimed for primary agriculture, wildlife habitat, and water-body features, including one end-pit lake having a total area of about 2 ha.

Water Act Applications No. 16576 and 00210935

Capital Power has applied under the Water Act, sections 37(1) and 50(1), for an approval and licences to manage surface water and groundwater in the mine operating area for the years 2014 to 2024, which includes the area of the existing mine and the mine extensions into Sections 3–11, and 14, Township 50, Range 2, West of the 5th Meridian, and into Sections 8–11 and 17–20, Township 50, Range 3, West of the 5th Meridian. Capital Power proposes dewatering groundwater in an interval from the surface to 65 metres below the surface, requests a renewal of its existing surface water runoff diversion licence,  and requests a new licence to divert about 1 673 100 cubic metres of surface water runoff annually from the mine extension area for cooling.