Application 1776032

Notice of Filing
Alberta Energy Regulator
Application No. 1776032

Notice of Application
Alberta Environment and Sustainable Resource Development
Environmental Protection and Enhancement Act
Application No. 006-11876

Prairie Mines & Royalty Ltd.
Sheerness Mine Extension

The Alberta Energy Regulator (AER) has received Application No. 1776032 and Alberta Environment and Sustainable Resource Development (ESRD) has received Environmental Protection and Enhancement Act (EPEA) Application No. 006-11876 (collectively the applications) from Prairie Mines & Royalty Ltd. (PMRL) for approval of the proposed Sheerness Mine Extension. The AER, ESRD, and other government departments are reviewing the applications.

This notice is not a notice of application of the AER, and the submission deadlines given are not for statements of concern for filing under the Alberta Energy Regulator Rules of Practice (Rules of Practice).

Description of the Project
PMRL has applied under part 4, section 13 of the Coal Conservation Act (CCA) to amend its current permit (C 99-6) and renew its mine licence (2005-16). The amended permit area will allow the development of coal reserves adjacent to the existing permitted areas. The licence renewal would authorize the completion of mining activities within the amended permit area to 2024. The proposed project includes an extension to the surface mine, resulting in about 684 hectares (ha) of new disturbance for the permit amendment and 2094 ha of new disturbance for the licence renewal. The Sheerness mine is located about 200 kilometres (km) northeast of Calgary, Alberta, and about 35 km southeast of the Town of Hanna. The project is located east, west, and north of and adjacent to current mining areas in Township 28, Range 13, West of the 4th Meridian, and in Township 29, Ranges 12 and 13, West of the 4th Meridian. The project would provide about 3.1 million tonnes of coal per year to the Sheerness generating station for another ten years.

PMRL has prepared and submitted the following documents:

  • Application No. 1776032 to the AER, under section 13 of the Coal Conservation Act to amend a permit and licence.
  • Application No. 006-11876 to ESRD, under part 2, division 2 of the EPEA, for the construction, operation, or reclamation of a mine.

For a copy of the application, contact
Prairie Mines & Royalty Ltd.
Sheerness Mine
P.O. Box 2020
Hanna, Alberta T0J 1P0
Attention: Kelsey Martin (Manager, Technical Services)
Telephone: 403-854-5231
Fax: 403-854-5201

To view the application, and supporting documents, contact

AER Information Product Services Section
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4
Telephone: 1-855-297-8311
(toll free; press 2)
Viewing hours: 9:00 a.m. to 3:00 p.m.
Alberta Government Library
Great West Life Building
6th Floor, 9920 – 108 Street
Edmonton, Alberta T5K 2M4
Telephone: 780-427-5828
(toll free: 780-310-0000)

Copies of the applications are also available for viewing at
Special Areas Board
212 – 2 Avenue
West Hanna, Alberta T0J 1P0

How to File a Statement of Concern with ESRD
Under Section 73 of EPEA, any person who may be directly affected by the EPEA application may submit a written statement of concern. Statements of concern must be submitted by December 7, 2013. Quote EPEA Application No. 006-11876 when submitting a statement of concern.

If no statements of concern are received, the EPEA application may be approved without further notice. Failure to file a statement of concern may affect the right to file a notice of appeal with the Environmental Appeals Board.

Submit statements of concern to
Alberta Environment and Sustainable Resource Development
Regulatory Approvals Centre
Main floor, Oxbridge Place
9820 – 106 Street
Edmonton, Alberta T5K 2J6
Attention: Director, Northern Region
Telephone: 780-427-6311
Fax: 780-422-0154

The AER may also receive and review submissions sent to ESRD. Any interested party can file a submission with the AER directly if it has concerns with the application to the AER. The filing deadline stated above is not for statements of concerns to be filed with the AER under the Rules of Practice, unless stated otherwise in an AER notice or other direction of the AER.

If you choose to file a submission, you may want to include the following information:
a) why you believe you may be directly and adversely affected by a decision on the application;
b) the location of the land, residence or activity of the person in relation to the location of the project that forms the subject of the proposed applications; and
c) your contact information including your name, address in Alberta, telephone number, fax number, if any, and if available, an e-mail address.

Section 49 of the Rules of Practice and section 35(1) of the EPEA require 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. For the purposes of the ESRD, such requests can be filed according to section 35(4) of the EPEA.

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:
a) the constitutional question you intend to raise
b) the legal argument you intend to make
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.

For information on AER procedures, contact
Oil Sands & Coal
Attention: Irene Chia
Telephone: 403-297-7202
Fax: 403-297-3187

Issued at Calgary, Alberta, on October 29, 2013.


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