Proceeding 1747279


The Energy Resources Conservation Board (ERCB/Board) will hold a public hearing of Proceeding No. 1747279 at the ERCB Head Office, 3rd Floor, Govier Hall, 250 – 5 Street SW, Calgary, Alberta, commencing June 4, 2013, at 9:00 a.m. All parties to this proceeding must be present at the commencement of the hearing to register their appearance.

Description of Proceeding
On September 6, 2012, Secure Energy Services Inc. (Secure) applied for a review under sections 39 and 40 of the Energy Resources Conservation Act of the ERCB’s decision to issue Amendment D to Approval Number WM 126 for its Fox Creek Oilfield Waste Management Facility located at 12-36-062-20W5M. Amendment D to Approval Number WM 126 included two new conditions regarding non-oilfield waste. On December 19, 2012, the Board granted the request for a review hearing. The purpose of the review hearing is to determine whether the Board should confirm, vary, or rescind Amendment D to Approval Number WM 126.

To view or obtain a copy of the documents related to the proceeding, go to the ERCB Web site : Applications & Hearings : Proceeding Search, and enter Proceeding ID 293.

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 of the proceeding, you must file a written submission with respect to the proceeding even if you have previously filed a submission with the Board or with Secure on this proceeding. 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.

If you do not file a submission, the hearing of the proceeding may be cancelled.

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

April 30, 2013      Final date for submissions by all interested parties.
May 14, 2013      Final date for response submissions from Secure.

Send your submission as a bookmarked and page-numbered PDF file to Helen Bowker at:
Attention: Helen Bowker, Law Branch
Suite 1000, 250 – 5 Street SW
Calgary AB T2P 0R4
Telephone: 403-297-2425

Contents of a Submission
Under Section 24(2) of the Energy Resources Conservation Board Rules of Practice (Rules of Practice), submissions by interested parties must contain

(a) a concise statement indicating
(i) the manner in which the intervener’s rights may be directly and adversely affected by a decision of the Board on the proceeding;
(ii) the nature and scope of the intervener’s intended participation;
(iii) the disposition of the proceeding that the intervener advocates, if any;
(iv) the facts the intervener proposes to show in evidence;
(v) the reasons why the intervener believes the Board should decide in the manner that the intervener advocates; and
(vi) the intervener’s efforts, if any, to resolve issues associated with the proceeding directly with Secure;
(b) the name, address in Alberta, telephone number, fax number and, if available, e-mail address of the intervener;
(c) if the intervener is represented by a representative, the name, address in Alberta, telephone number, fax number and, if available, e-mail address of the representative; and
(d) if the intervener is an unincorporated organization, the nature of the intervener’s membership.

Any party intending to raise a question of constitutional law at the hearing must, pursuant to Section 25 of the Rules of Practice, also include the following in its submission:
(a) the constitutional question the person intends to raise;
(b) the legal argument the person intends to make; and
(c) the evidence the person intends to rely on in support of the person’s legal argument.

Applications for Confidentiality
Section 13 of the 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 proceeding 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 .

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 Helen Bowker at the address above.

Issued at Calgary, Alberta, on January 25, 2013.

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