Application 1739263


The Energy Resources Conservation Board (ERCB/Board) will hold a public hearing of Application No. 1739263 (Application) at the ERCB Head Office, Govier Hall, 3rd Floor, 250 – 5 Street SW, Calgary, Alberta, commencing on July 16, 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
Husky Oil Operations Limited (Husky) submitted an application in accordance with Part 4 of the Pipeline Act for approval to construct and operate a pipeline to transport salt water from Legal Subdivision (LSD) 11 of Section 3, Township 19, Range 14, West of the 4th Meridian, to a pipeline tie-in point at LSD 6-3-19-14W4M. The proposed pipeline would be about 0.30 kilometres (km) in length with a maximum outside diameter of 168.3 millimetres and would transport salt water with a maximum H2S concentration of 0.50 moles per kilomole (0.05 per cent). The proposed pipeline would be located about 0.47 km northeast of Brooks.

To obtain a copy of the Application, contact
Husky Oil Operations Limited
707 – 8 Avenue SW
Calgary, Alberta T2P 3G7
Attention: Tracy Millar
Telephone: 403-750-1593
Fax: 403-750-1869

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)
Viewing hours: 9:00 a.m. to 3:00 p.m.

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 Husky 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.

June 11, 2013          Final date for submissions by all interested parties.
June 25, 2013          Final date for response submissions from applicant.

Send one copy of your submission to Husky at the name and address above and one copy to

Rachel Ruddell, Application Coordinator
Applications Branch, Facilities Applications Group
Energy Resources Conservation Board
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4
Telephone: 403-297-8557

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

Prehearing Applications and Motions to the Board
All prehearing applications to the Board that any party intends to make must be made and completed on or before 4:00 p.m., July 2, 2013.

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 Rachel Ruddell at the address above.

Issued at Calgary, Alberta, on April 5, 2013.

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