Application 1756130

Notice of Application
Application No. 1756130                                                                   
Cenovus FCCL Ltd.
Athabasca Oil Sands Area

The Alberta Energy Regulator (AER) has received Oil Sands Conservation Act (OSCA) Application No. 1756130 from Cenovus FCCL Ltd. (Cenovus) for approval of a proposed phase J expansion to its Foster Creek Thermal Project. The AER is reviewing the application together with Environmental Protection and Enhancement Act (EPEA) Application No. 022-68492 and the associated environmental impact assessment (EIA) report.

A combined notice of filing and application was issued by the AER and Alberta Environment and Sustainable Resource Development (ESRD) on August 31, 2013, setting a deadline of October 14, 2013, for filing statements of concern with respect to the EPEA application. No deadline was established for filing statements of concern regarding the OSCA application. This notice sets the deadline for filing statements of concern with respect to the OSCA application.

Description of the Project

Cenovus has applied under section 13 of OSCA to construct, operate, and reclaim the phase J expansion to its Foster Creek Thermal Project. Cenovus would modify and expand its phase F, G, and H facilities to increase the overall production capacity of the project to 46 928 cubic metres per day (295 165 barrels per day). Bitumen production would be from the Wabiskaw-McMurray deposit and would use the steam-assisted gravity drainage recovery process. Phase J would expand the development area and would include the construction of associated facilities, thermal wells, utilities, and infrastructure. About 657 well pairs on 73 pads would be required. Anticipated production is expected to be sustained over a 35-year period.

The expansion would be located about 90 kilometres north of the city of Cold Lake in Townships 69–71, Ranges 3–7, West of the 4th Meridian.

For a copy of the OSCA application, contact
Cenovus FCCL Ltd.
500 Centre Street SE
Calgary, Alberta  T2P 0M5
Attention: Brent Mitchell
Telephone: 403-766-7521
Fax: 403-766-7600

To view the application, EIA report, and supporting documents, contact

AER Information Management Branch
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Telephone: 1-855-297-8311
(toll free; option 2)
Viewing hours: 9:00 a.m. to 3:00 p.m.

Alberta Government Library
44 Capital Boulevard
11th Floor, 10044 – 108 Street
Edmonton, Alberta  T5J 5E6
Telephone: 780-427-5828
(toll free: 780-310-0000)

AER Bonnyville Field Centre
P.O. Box 5169
4903 – 51a Street
Bonnyville, Alberta  T9N 2G4
Telephone: 780-826-5352


Requirement to File a Statement of Concern

If you have concerns with the OSCA application and have not filed a statement of concern with the AER, you must file a statement of concern as described below. If you do not file a statement of concern, the AER will continue to process the application and may approve it without notifying you.

If the AER does not receive any statements of concern from a person who may be directly and adversely affected by the AER’s decision on the application, the AER may continue to process the application and may approve it without further notice or without a hearing.

How to File a Statement of Concern

For your statement of concern to be considered, it must be filed before 4:00 p.m. on September 4, 2014.  

Send one copy of your statement of concern to Cenovus at the name and address above and one copy to
Authorizations Review & Coordination Team
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Fax: 403-297-4117

The deadline for filing a statement of concern on the EPEA application has already passed.

Contents of a Statement of Concern

For your submission to be considered a valid statement of concern, it must include

  1. why you believe you may be directly and adversely affected by a decision on the application;
  2. the nature of your objection to the application;
  3. the outcome of the application you advocate;
  4. the location of your land, residence, or activity in relation to the location of the energy resource that is the subject of the application; and
  5. your contact information, including your name, address in Alberta, telephone number, and
    e-mail address or, if you do not have an e-mail address, your fax number.

Section 49 of the Alberta Energy Regulator Rules of Practice (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. Any request made under section 49 must be copied to the other parties to the proceeding. Section 49 of the Rules of Practice is available on the AER website at

Questions of Constitutional Law

In addition to giving notice according to 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 if you intend to raise a question of constitutional law:

  1. the constitutional question you intend to raise,
  2. the legal argument you intend to make, and
  3. 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.

For information on AER procedures, contact
In Situ Authorizations
Attention: Anna Louie
Telephone: 403-297-8396
Fax: 403-297-3187

Issued at Calgary, Alberta, on August 5, 2014.
Patricia M. Johnston, Q.C., General Counsel