Application 1866028

Notice of Hearing
Regulatory Appeals
Proceeding ID 347
Husky Oil Operations Limited and Gibson Energy Inc.
Environmental Protection Order of July 7, 2016

The Alberta Energy Regulator (AER) will hold a public hearing on regulatory appeals 1866028 and 1866029. The hearing will be scheduled after requests to participate are filed.

Description of the Proceeding
Husky Oil Operations Limited (Husky) operates the “Hardisty Bulk Petroleum Storage Facility” at Legal Subdivision (LSD) 5, Section 29, Township 42, West of the Fourth Meridian. Gibson Energy Inc. (Gibson) operates the “Gibson Hardisty Terminal, Bulk Petroleum Storage Facility” at LSD 04-29-042-09W4M and the Hardisty west bulk petroleum storage and transfer facility at LSD 08-30-042-09W4M. The facilities are located about 3 kilometres southeast of Hardisty, Alberta (see map below).

On July 7, 2016, the AER issued an environmental protection order (the order) under sections 113 and 241 of the Environmental Protection and Enhancement Act. The order requires Husky and Gibson to take certain steps to control and contain the release of substances listed in the order and to implement an AER-approved remediation action plan.

On July 14 and July 28, 2016, the AER received requests for regulatory appeal of the AER’s decision to issue the order from Husky and Gibson, respectively, under the Responsible Energy Development Act, Part 2, Division 3, and the Alberta Energy Regulator Rules of Practice (Rules of Practice), Part 3.

The AER’s decision to set the matter down for a hearing was issued October 12, 2016. The purpose of the hearing is to determine whether the AER should confirm, vary, suspend, or revoke the order.

Where can I find information about the hearing?
For a copy of the hearing materials or for information on AER procedures, contact
Greg McLean, Hearing Coordinator
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Email: Hearing.Services@aer.ca
Phone: 403-297-3232

How can I apply to participate in the hearing?
Husky, Gibson, and the AER’s Closure and Liability Group are the current parties to this regulatory appeal.

If you are not already a party to the regulatory appeal and wish to participate in the hearing, you must file a written request to participate.

Your request to participate must include the information set out under section 32.1(2) of the Rules of Practice.

You must submit your request by 4:00 p.m. on the filing date below.

January 10, 2017 - Final date to file a request to participate.

January 17, 2017 - Final date for Husky, Gibson, and the AER’s Closure and Liability Group to submit responses to any request to participate.

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

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.

Issued at Calgary, Alberta, on December 16, 2016.
ALBERTA ENERGY REGULATOR