Applications 1806873, etc.

 

Applications 1806873, etc.

Notice of Hearing
Applications No. 1806873, etc.
Pembina Pipeline Corporation
Fox Creek to Namao Pipeline Expansion Project

Public Lands Act Applications No. PLA141460, PLA141465, PLA141468, PLA141469, PLA141470, PLA141471, PLA141472, PLA141473, PLA141475, PLA141476, PLA141477, PLA141478, PLA141479, PLA141480, PLA141487

Environmental Protection and Enhancement Act Application No. 001-00356633

The Alberta Energy Regulator (AER) will hold a public hearing of Applications No. 1806873, etc. starting on July 13, 2015. The time and place of the hearing will be set after requests to participate are filed. If no parties request to participate, the hearing may be cancelled and the AER will continue to process and may approve the applications without a hearing.

The AER invites all interested parties to attend an information session on the hearing process at 7:00 p.m. on April 29, 2015, at Onoway Heritage Centre/Onoway Museum, 4708 Lac Ste Anne Trail N., Onoway, Alberta.

Additionally, the AER will hold a prehearing meeting on Applications No. 1806873, etc. at the Holiday Inn Express Spruce Grove, 201 Jennifer Heil Way, Spruce Grove, Alberta, on May 14, 2015, starting at 8:00 a.m.

The matters to be considered at the meeting will include

  • determining the relevant issues to be examined and the position of the parties, including matters relating to costs;
  • establishing the date, location, and other procedures to be used in the hearing, including the time allotted to each party to present evidence and argument;
  • determining whether the parties may benefit from alternative dispute resolution or a technical meeting; and
  • any other matter that may aid in the conduct and disposition of the proceeding.

The purpose of the prehearing meeting is not to hear evidence or argument on the merits of the applications or statements of concern, but to obtain parties’ views on the matters listed above. The parties will be contacted in advance for the purpose of preparing a prehearing meeting agenda.

Description of the Applications

Pembina Pipeline Corporation (Pembina) has applied under the Pipeline Act for approval to construct and operate two pipelines from Legal Subdivision (LSD) 8 of Section 36, Township 62, Range 20, West of the 5th Meridian, to a pump station at LSD 04-35-054-24W4M. The proposed pipelines would be about 270 kilometres (km) long with maximum outside diameters of 406.4 and 609.6 millimetres respectively and would transport low-vapour-pressure (LVP) and high-vapour-pressure (HVP) condensate and crude oil with a maximum hydrogen sulphide concentration of 0.0 moles per kilomole (0.0 per cent) to existing processing facilities. The pipelines would start about 1 km west of Fox Creek and end about 0.7 km west of Edmonton (see figure 1).

Pembina has applied under the Environmental Protection and Enhancement Act for approval of a conservation and reclamation plan, which includes construction and post-construction reclamation of the portion of the project that is located within the White Area.

Additionally, Pembina has applied under the Public Lands Act for 15 pipeline agreements. The agreements would grant access to a permanent right-of-way with a width of 35 metres (m) and, during construction, an additional 10 m wide temporary workspace.

For a copy of the applications, contact
Pembina Pipeline Corporation
4000, 538 – 8 Avenue SW
Calgary, AB  T2P 1G1
Attention: Balmeet Toor
Telephone: 403-817-7105
Fax: 403-231-7507
E-mail: btoor@pembina.com

To receive a copy of the application and supporting documents, submit an information request, as outlined at www.aer.ca/data-and-publications/how-to-order, to any of the following:

AER Order Fulfillment  
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Telephone: 1-855-297-8311 (toll free; option 2)
E-mail: InformationRequest@aer.ca

Alberta Energy Regulator
Drayton Valley Field Centre
Box 7048
5005 – 61 Street
Drayton Valley, Alberta  T7A 1S3
Phone: 780-542-5182
Fax: 780-542-2540
draytonvalley.fieldcentre@aer.ca

Alberta Energy Regulator
St. Albert Field Centre
Main Floor
30 Sir Winston Churchill Avenue
St. Albert, Alberta  T8N 3A3
Phone: 780-460-3800
Fax: 780-460-3802
stalbert.fieldcentre@aer.ca

Refer to this notice when making any requests for information to expedite the response.

Requirements to Participate

Subject to any directions regarding participation that may be made by the panel, if you wish to participate in the hearing, you must file a request to participate even if you have already filed a statement of concern with the AER.

Contents of a Request to Participate

A request to participate under section 9 of the Alberta Energy Regulator Rules of Practice (Rules of Practice) must be in writing and contain

  1. a copy of your statement of concern or an explanation why you did not file one;
  2. a concise statement indicating
    1. why and how you may be directly and adversely affected by a decision of the AER on the applications; or
    2. if you will not be directly and adversely affected by a decision of the AER on the applications, what the nature of your interest in the matter is and why you should be permitted to participate;
  3. if you will not be directly and adversely affected by a decision of the AER on the applications, an explanation of how
    1. your participation will materially assist the AER in deciding the matter that is the subject of the hearing,
    2. you have a tangible interest in the subject matter of the hearing,
    3. your participation will not unnecessarily delay the hearing, and
    4. you will not repeat or duplicate evidence presented by the other parties;
  4. the outcome of the applications that you advocate;
  5. the nature and scope of your intended participation;
  6. 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;
  7. if you are acting on behalf of a group or association of persons, the nature of your membership in the group or association;
  8. your efforts, if any, to resolve issues associated with the proceeding directly with the applicant; and
  9. if you have a representative, their name, address in Alberta, telephone number, and e-mail address or, if they do not have an e-mail address, their fax number.
Confidentiality

Section 49 of the 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. The Rules of Practice is available on the AER website at www.aer.ca.

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 and file it according to the dates listed under How to File Submissions 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.
How to File Submissions

Submissions must be filed before 4:00 p.m. on the filing dates below.

May 5, 2015 Final date for interested parties to file a request to participate.
May 8, 2015 Final date for response from the applicant on any requests to participate.
May 14, 2015 Prehearing meeting for all interested parties.
June 22, 2015 Final date for submissions from all interested parties.
June 29, 2015 Final date for response submissions from the applicant.

Submissions must be compatible with AER systems and should be PDF documents with bookmarks, page numbers, and optical character recognition. Send one copy of your submission to Pembina at the name and address above and one copy to

Greg McLean,Hearing Coordinator
Authorizations Branch
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
E-mail: Hearing.Services@aer.ca
Phone: 403-297-3232

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.

Eligibility for Hearing-Related Costs for Participants

Participants in a hearing who intend to seek advanced payment or repayment of hearing-related costs must apply according to Directive 031: REDA Energy Cost Claims.

For information on AER procedures, contact the hearing coordinator at the address above.

Issued at Calgary, Alberta, on April 17, 2015.
ALBERTA ENERGY REGULATOR


(Click image to view in full resolution)

Figure 1. Map of the proposed pipelines