Application 1749587


The Energy Resources Conservation Board (ERCB/Board) will hold a public hearing of Application No. 1749587 (Application) at the Merit Hotel & Suites, 8200 Franklin Avenue, Fort McMurray, Alberta, commencing on September 16, 2013, at 9:00 a.m. All interveners to this proceeding must be present at the start of the hearing to register their appearance.

Description of the Application
Koch Oil Sands Operating ULC (Koch) applied under section 2.030 of the Oil and Gas Conservation Regulations for licences to drill nine vertical oil sands evaluation wells from surface locations in Legal Subdivision (LSD) 10, Section 22, Township 97, Range 3, West of the 4th Meridian, LSD 6-27-97-3W4M, LSD 6-26-97-3W4M, LSD 16-23-97-3W4M, LSD 12-25-97-3W4M, LSD 2-35-97-3W4M, LSD 6-35-97-3W4M, LSD 2-34-97-3W4M, and LSD 4-34-97-3W4M. The purpose of the wells would be to evaluate oil sands in the McMurray Formation. The nearest urban centre would be Fort MacKay, located about 75 kilometres southwest of the proposed project.

Koch may submit additional well applications for this project before May 23, 2013. If it does so, the ERCB will issue an updated notice of hearing to include the new applications to be considered at this proceeding.

To obtain a copy of the Application, contact
Koch Oil Sands Operating ULC
Suite 1500, 111 – 5 Avenue SW
Calgary, Alberta T2P 3Y6
Attention: Jennifer Bordyniuk
Telephone: 403-716-7701

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.

Fort McMurray Regional Office
2nd Floor, Provincial Building
Box 15, 9915 Franklin Avenue
Fort McMurray, Alberta T9H 2K4
Phone: 780-743-7214
Fax: 780-743-7141

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 Koch 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.

August 6, 2013         Final date for submissions by all interested parties.
August 20, 2013       Final date for response submissions from Koch.

Send one copy of your submission to Koch at the name and address above and one copy to
Mirtyll Alboiu, Application Coordinator
Applications Branch, Facilities Applications Group
Energy Resources Conservation Board
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4
Telephone: 403-297-8306

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
All prehearing applications to the Board that any party intends to make must be made and completed on or before 4:00 p.m., August 27, 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 Mirtyll Alboiu (Application Coordinator) at the address above.

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

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