Application 1758441

NOTICE OF REVIEW HEARING
PROCEEDING NO. 1758441
BAYTEX ENERGY LTD. (BAYTEX)
KIMIWAN FIELD

The Energy Resources Conservation Board (ERCB/Board) will hold a public hearing of Proceeding No. 1758441 to review Licences No. 0395612, 0398240, 0400885, 0400986, 0400987, 0401021, 40064, 40454, 40544, and 42642 (Licences) issued by the ERCB in relation to Applications No. 1566555, 1578366, 1586617, 1586725, 1586726, 1586727, 1589546, 1698656, 1603522, 1698690, 1605672, 1698696, 1674297, 1699350, and 1715885 (Applications). The hearing will be held at the Belle Petroleum Conference & Business Centre, 9403 – 94 Street, Peace River, Alberta, starting on July 30, 2013, at 9:00 a.m. All parties to this proceeding must be present at the start of the hearing to register their appearance.

Description of Proceeding
On August 8, 2012, Donald Labrecque requested a review of the Licences in relation to all “Baytex Energy pads” in Legal Subdivision 9 of Section 21, Township 79, Range 20, West of the 5th Meridian and Legal Subdivision 8 of Section 21, Township 79, Range 20, West of the 5th Meridian, located about 14 kilometres southwest of the Hamlet of Reno, Alberta. On March 19, 2013, the ERCB determined that Mr. Labrecque met the test to initiate a review of the Licences, pursuant to Section 39 of the Energy Resources Conservation Act. The purpose of the review hearing is to determine whether the Board should vary or rescind its decision to grant the Licences.

To view a copy of documents related to the proceeding, please contact

ERCB Information Services
Suite 1000, 250 - 5 Street SW
Calgary, AB T2P 0R4 
Telephone: 403-297-8311 (Option 2)
E-mail: infoservices@ercb.ca  
Viewing hours: 9:00 a.m. to 3:00 p.m.

ERCB Grande Prairie Field Centre
9815 - 115 Street
Grande Prairie, AB T8V 7R3
Telephone: 780-538-5138
Email: grandeprairie.fieldcentre@ercb.ca  
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, you must file a written submission with respect to the Applications and/or the Licences even if you have previously filed a submission with the Board or with Baytex on the Applications and/or the Licences. 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, or if Donald Labrecque withdraws the review application, the hearing may be cancelled.

How to File a Submission
Any party intending to make submissions or provide evidence at the hearing must file a written submission by 4:00 p.m., on or before the filing dates below.

June 25, 2013          Final date for submissions by Donald Labrecque, and all interested parties.
July 9, 2013             Final date for response submissions from Baytex.

All written submissions must be sent in a PDF format that is tabbed, indexed, and page numbered with optical character recognition and bookmarks. Send five copies of your submission on CDs, DVDs, or USB drives to

Mike Schuster, Application Coordinator
Applications Branch, Facilities Applications Group
Energy Resources Conservation Board
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4
E-mail: mike.schuster@ercb.ca

Contents of a Submission
Under Section 24(2) of the Energy Resources Conservation Board Rules of Practice (Rules of Practice), any submission filed 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 review hearing is not a decision on that person’s eligibility for an award of costs under Section 28 of the Energy Resources Conservation Act (ERCA). Persons intending to seek repayment of hearing-related costs must apply under Section 28 and Directive 031: Guidelines for Energy Proceeding Cost Claims or its successor instrument adopted by the Alberta Energy Regulator under the Responsible Energy Development Act.

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 www.ercb.ca.

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. on July 16, 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.

Resolution of Concerns/Withdrawal of Review Application
If the parties resolve all outstanding concerns and/or the review applicant (Donald Labrecque) withdraws the review application prior to start of the hearing, the ERCB may consider Proceeding No. 1758441 to be concluded and may cancel the review hearing without further notice.

For information about ERCB procedures, contact

Applications Branch, Facilities Applications Group
Attention: Mike Schuster
Telephone: 403-297-6013
E-mail: mike.schuster@ercb.ca  

Issued at Calgary, Alberta, on June 3, 2013.

ENERGY RESOURCES CONSERVATION BOARD
Patricia M. Johnston, Q.C., General Counsel