Application 1749587

Updated Notice of Hearing
Applications No. 1749587, 1763527, 1763529, and 1763696
Koch Oil Sands Operating UCL
Undefined Field

The Alberta Energy Regulator (AER) will hold a public hearing of Applications No. 1749587, 1763527, 1763529, and 1763696 at the Merit Hotel & Suites, 8200 Franklin Avenue, Fort McMurray, Alberta, starting on September 16, 2013, at 9:00 a.m. All parties must be present to register at the start of the hearing.

 On May 10, 2013, the Energy Resources Conservation Board issued a Notice of Hearing for Application 1749587 advising that additional applications may be submitted and considered at this proceeding. The AER received the additional applications and is issuing this Updated Notice of Hearing to include Applications No. 1763527, 1763529, and 1763696.

 Description of the Applications
Koch Oil Sands Operating ULC (Koch) applied under section 2.030 of the Oil and Gas Conservation Regulations for licences to drill forty vertical oil sands evaluation wells from the following 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, LSD 4-34-97-3W4M, LSD 12-12-97-3W4M, LSD 10-34-97-3W4M, LSD 12-26-97-3W4M, LSD 2-24-97-3W4M, LSD 12-24-97-3W4M, LSD 10-23-97-3W4M, LSD 4-22-97-3W4M, LSD 2-14-97-3W4M, LSD 12-14-97-3W4M, LSD 10-13-97-3W4M, LSD 16-11-97-3W4M, LSD 10-35-97-3W4M, LSD 12-34-97-3W4M, LSD 2-25-97-3W4M, LSD 4-24-97-3W4M, LSD 2-23-97-3W4M, LSD 12-23-97-3W4M, LSD 2-15-97-3W4M, LSD 4-14-97-3W4M, LSD 2-13-97-3W4M, LSD 12-13-97-3W4M, LSD 12-35-97-3W4M, LSD 10-10-97-3W4M, LSD 10-26-97-3W4M, LSD 4-25-97-3W4M, LSD 10-24-97-3W4M, LSD 4-23-97-3W4M, LSD 2-22-97-3W4M, LSD 12-15-97-3W4M, LSD 10-14-97-3W4M, and LSD 4-13-97-3W4M. 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.

For a copy of the applications, 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 the applications and supporting documents, contact
AER Information Product Services Section
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 expedite your request, refer to 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, you must file a written submission even if you have already filed a submission with the AER or with Koch on these applications. Submissions must include copies of all documentary evidence you intend to present or rely on at the hearing, including copies of expert reports, presentations, photographs, articles, and any other evidence you intend to present.

If the AER does not receive any submissions from an intervener or the interveners withdraw from the proceeding, the hearing may be cancelled and the AER will continue to process and may approve the applications without a hearing.

Contents of a Submission
Section 9(2) of the Alberta Energy Regulator Rules of Practice (Rules of Practice) states that submissions must be in writing and contain

a) the application number(s) your submission relates to,
b) a concise statement indicating
i) why you believe you may be directly and adversely affected by a decision of the AER on the application(s) or why you should be permitted to make representations on the matter to assist the AER,
ii) the nature and scope of your intended participation,
iii) the disposition of the proceeding you advocate,
iv) the facts you intend to show in evidence, the nature and extent of testimony and any expert reports or evidence,
v) the reasons you believe the AER should decide in the manner you advocate, and
vi) your efforts to resolve issues directly with the applicant;
c) your contact information including your name, address in Alberta, telephone number, fax number, if any, and an e-mail address;
d) if you have a representative, their name, address in Alberta, telephone number, fax number, if any, and an e-mail address; and
e) if you are acting on behalf of a group or association of persons, the nature of your membership in the group or association.

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 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 according to section 12 of the Administrative Procedure 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 Submission if you intend to raise a question of constitutional law:

a) the constitutional question you intend to raise,
b) the legal argument you intend to make, and
c) 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.

How to File a Submission
Submissions must be filed before 4:00 p.m., on the filing dates below.

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

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 Koch at the name and address above and one copy to 

Mirtyll Alboiu, Application Coordinator
Applications Branch, Facilities Applications Group
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Telephone: 403-297-8306
Fax: 403-297-4117

For information on AER procedures, contact Mirtyll Alboiu.

Prehearing Applications and Motions
All prehearing applications to the AER must be made before 4:00 p.m., August 27, 2013.

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 advanced payment or repayment of hearing-related costs must apply according to Directive 031: REDA Energy Cost Claims.

Issued at Calgary, Alberta, on July 9, 2013.

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