Application 1833192

Notice of Hearing
Proceeding ID 343
Bonavista Energy Corporation
Gilby Field

The Alberta Energy Regulator (AER) will hold a public hearing of application 1833192 and regulatory appeal proceeding 1857984. The hearing will be scheduled after requests to participate are filed.

Description of the Application and Regulatory Appeal Proceeding
Bonavista Energy Corporation (Bonavista) applied under part 4 of the Pipeline Act for approval to construct and operate a pipeline to transport natural gas from an existing multiwell lease site in Legal Subdivision (LSD) 15 of Section 22, Township 41, Range 5, West of the 5th Meridian, to an existing compressor station located in LSD 11-22-041-05W5M. The proposed pipeline would be about 0.74 kilometres long with a maximum outside diameter of 114.3 millimetres and would transport natural gas with no hydrogen sulphide.

On July 23, 2015, Patricia and Patrick Alexander (Alexanders) and Evelyne Heringer requested a regulatory appeal under Division 3 of the Responsible Energy Development Act and Part 3 of the Alberta Energy Regulator Rules of Practice (Rules of Practice) of the AER’s decision to issue well licences 476070 and 476069 to Bonavista. The licences are for two new wells at the abovementioned multiwell lease site. On May 9, 2016, the AER granted the regulatory appeal request.

The pipeline and wells would be located about 25 km northeast of Rocky Mountain House.

The purpose of the hearing is to determine whether the AER should approve the pipeline application and whether it should confirm, vary, suspend, or revoke its decision to issue the well licences. Bonavista, the Alexanders, and Ms. Heringer are parties to the hearing.

Where can I find information about the application and the proceeding?
For a copy of the hearing materials, contact
Bonavista Energy Corporation
1500, 525 –  8 Avenue SW
Calgary, AB  T2P 1G1
Attention: Nicole Mungo
Telephone: 403-514-7387
Fax: 403-263-4726

To view the materials in person or for information on AER procedures, contact
Jennifer Koppe,Hearing Coordinator
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Phone: 403-297-8288

How can I apply to participate in the hearing?
Unless you are a party to the hearing, you must file a request to participate, even if you have already filed a statement of concern with the AER.

Your request to participate must include the information set out under section 9(2) of the Rules of Practice).

Send one copy of the request to Bonavista and one copy to the hearing coordinator. Submissions should be PDF documents with bookmarks, page numbers (with the first page in the document being numbered page one), and optical character recognition.

You must submit your request by 1:00 p.m. on the filing date below.

June 14, 2016 - Final date to file a request to participate.

June 21, 2016 - Final date for response from the applicant on any requests to participate.

Is this a public process?

Yes. Section 49 of the Rules of Practice requires that all documents and information filed for 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.

If my request to participate is approved, can I apply to get reimbursed for hearing-related costs?
Yes. To seek advanced payment or repayment of hearing-related costs, you must apply according to Directive 031: REDA Energy Cost Claims.

How do I raise a question 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 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.

What falls outside of the AER’s jurisdiction?
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.

Under section 21 of the Responsible Energy Development Act, the AER does not have the jurisdiction to assess the adequacy of Crown consultation associated with the rights of aboriginal peoples as recognized and affirmed under the Constitution Act, 1982.

Issued at Calgary, Alberta, on May 31, 2016.