Proceeding 1747420

NOTICE OF HEARING
PROCEEDING NO. 1747420
RE: NOTICE OF INTENTION TO ISSUE A DECLARATION NAMING TIMOTHY M. COONEY 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. 1747420 at Centennial Place, 250 – 5 Street SW, Calgary, Alberta, starting on March 13, 2013, at 9:00 a.m. All parties to this proceeding must be present at the start of the hearing to register their appearance.

Nature of the Proceeding
On September 20, 2012, the ERCB issued a Notice of Intention to Issue a Declaration naming Timothy M. Cooney, in accordance with Section 106 of the Oil and Gas Conservation Act (OGCA), as a person directly or indirectly in control of a company, Synco Exploration Inc. (Synco), that has contravened or failed to comply with ERCB orders. The Notice gave Mr. Cooney until November 8, 2012, to respond. Mr. Cooney filed a submission dated November 1, 2012, with the ERCB in response to the Notice. In his submission, Mr. Cooney disputed that he was a person in control of Synco at the time of the contravention of the ERCB orders.

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

The Liability Management Group (LMG) 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 refer to 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 starts. 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 or rely on at the hearing (including 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 dates below.

January 22, 2013 Final date for submissions from Mr. Cooney.
February 5, 2013 Final date for submission from LMG.
February 19, 2013 Final date for reply submission from Mr. Cooney.

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(2) 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. The Rules of Practice are available on the ERCB website at www.ercb.ca.

Prehearing Applications and Motions
All prehearing applications to the Board must be completed on or before 4:00 p.m., March 5, 2013.

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 15, 2013.

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