Proceeding 1736518

NOTICE OF HEARING
PROCEEDING NO. 1736518
RE: NOTICE OF INTENTION TO ISSUE A DECLARATION NAMING JOHN W. MCLEOD UNDER SECTION 106 OF THE OIL AND GAS CONSERVATION ACT

The Energy Resources Conservation Board (ERCB/Board) will hold a public hearing of Proceeding No. 1736518 at Centennial Place (3rd Floor), 250 – 5 Street SW, Calgary, Alberta, commencing on February 5, 2013, at 9:00 a.m.. All parties to this proceeding must be present at the commencement of the hearing to register their appearance.

Nature of the Proceeding
On August 21, 2012, the ERCB issued a Notice of Intention to Issue a Declaration naming John W. McLeod in accordance with Section 106 of the Oil and Gas Conservation Act (OGCA) as a person directly or indirectly in control of a company, Rock Ridge Geological Ltd. (Rock Ridge), that has contravened or failed to comply with two ERCB orders. The Notice gave Mr. McLeod until September 21, 2012, to respond. On September 19, 2012, Mr. McLeod contacted the ERCB to request an extension for his submission. The Board granted Mr. McLeod an extension until October 5, 2012. On September 28, 2012, Mr. McLeod filed a submission with the ERCB in response to the Notice.

The Board has considered the submissions and has decided to hold a show cause hearing to determine the matter of the issuing of the declaration naming Mr. McLeod pursuant to the provisions of Section 106 of the OGCA.

The Liability Management Group of the ERCB is a party to this proceeding.

To obtain a copy of the public record respecting this proceeding, contact

ERCB Information Services
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Telephone: 403-297-8311 (Option 2)
E-mail: infoservices@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 submissions before the proceeding commences. If you have already made submissions you may make further submissions according to the timeline set out below under How to File a Submission. 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.

How to File a Submission
Any party intending to make submissions with respect to the hearing must file by 4:00 p.m., on or before the filing date below.

January 28, 2013 -Final date for submissions by all interested parties.

Send one electronic copy and six printed copies of your submission to

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

Applications for Confidentiality
Section 13 of the ERCB 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.

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.
 
For information about ERCB procedures, contact

Energy Resources Conservation Board
Attention: Mike Schuster
Telephone: 403-297-6013
E-mail: mike.schuster@ercb.ca

Issued at Calgary, Alberta, on January 8, 2013.

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