Proceeding 1751746


APPLICATIONS NO. 1721565 AND 1730406

The Energy Resources Conservation Board (ERCB/Board) will hold a public hearing of Proceeding No. 1751746 and Applications No. 1721565 and 1730406 at the Days Hotel and Suites, 5411 – 44 Street, Lloydminster, Alberta, commencing on April 2, 2013, at 9:00 a.m. All parties must be present at the start of the hearing to register their appearance.

Description of the Proceeding
On May 31, 2011, April 3, 2012, and April 24, 2012, the ERCB received letters requesting a review of Husky Oil Operations Limited’s (Husky) Facility Licence No. 12212 for a custom treating facility in Legal Subdivision (LSD) 1 of Section 26, Township 53, Range 2, West of the 4th Meridian. On September 13, 2012, the ERCB received a letter requesting a review of Well Licence No. 0448168 located at LSD 11-9-53-2W4. On December 14, 2012, the Board held a meeting in Lloydminster, Alberta, with the review applicants, Husky, and interested parties. The discussion identified safety concerns related to the transportation of heavy oil on Range Road 22, associated impacts on the lands of the review applicants, and related difficulties faced by the County of Vermilion River.

On January 17, 2013, the Board granted a review hearing, pursuant to Section 39 of the Energy Resources Conservation Act (ERCA). The Board decided that at the hearing it would also review the licenses of six additional wells:

Well Location   Well Licence No.
 06-14-053-02W4M  272479
 16-15-053-02W4M  423663
 10-15-053-02W4M  238949
 02-22-053-02W4M  273696
 03-23-053-02W4M  226693
 06-23-053-02W4M  209828

As a result of discussions at the December 14, 2012, meeting, the Board expects the issue at the hearing to be whether there is a need for the Board to impose conditions on Facility Licence No. 12212 or on any of the above-noted well licences to ensure that Husky’s operations are adequately mitigating impacts associated with transportation.

Description of the Applications
Application No. 1721565
Husky applied, under Part 4 of the Pipeline Act, for approval to construct and operate a pipeline installation for a pipeline oil terminal at 1-26-53-2W4M in the Marwayne Field. The equipment associated with the pipeline installation would include a tank, transfer pump, metering and instrumentation, and associated on-lease piping. Clean oil would be trucked into the facility and pipelined out from the facility. There is no hydrogen sulphide (H2S) associated with the applications or facility. The proposed pipeline installation would be located about 13 kilometres northeast of Marwayne.

Application No. 1730406
Husky applied, under Section 7.001 of the Oil and Gas Conservation Regulations, for approval to amend the licensed inlet rates of the custom treating facility under Facility Licence No. 12212 located at LSD 1-26-53-2W4M. There is no H2S associated with this facility.

To obtain a copy of documents related to the Applications, contact
Husky Oil Operations Limited
707 – 8 Avenue SW
Box 6525, Station D
Calgary, Alberta T2P 3G7
Attention: Stephen Litchfield
Telephone: 403-298-7317
Fax: 403-750-1869

To view a copy of the Applications, Proceeding, and supporting documents, contact
ERCB Information Services
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4
Telephone: 403-297-8311 (Option 2)
Viewing hours: 9:00 a.m. to 3:00 p.m.

Bonnyville Field Centre
Box 5169, 4903 – 51A Street
Bonnyville, Alberta T9N 2G4
Telephone: 780-826-5352

Wainwright Field Centre
801 – 2 Avenue
Wainwright, Alberta T9W 1C4
Telephone: 780-842-7570

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 Proceeding and hearing of the Applications, you must file a written submission with respect to the Proceeding and/or the Applications even if you have previously filed a submission with the Board or with Husky on this Proceeding and/or on the Applications. 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 Proceeding and the hearing of the Applications may be cancelled and the ERCB will continue to process and may approve the Applications without a hearing and without further notice.

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.

February 26, 2013            Final date for submissions from Husky and any other parties intending to participate in the Proceeding.
March 12, 2013                Final date for response submissions from the review applicants.

Any party intending to make submissions with respect to the hearing of the Applications must file by 4:00 p.m., on or before the filing dates below.

February 26, 2013           Final date for submissions from all interested parties.
March 12, 2013               Final date for response submissions from Husky.

Send one electronic copy of your submission to Husky at the address above and one copy to
Jennifer Koppe, Application Coordinator
Applications Branch, Facilities Applications Group
Energy Resources Conservation Board
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4

Contents of a Submission
Under Section 24(2) of the Energy Resources Conservation Board Rules of Practice (Rules of Practice), any submission filed 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 the applicant;
(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.

Compensation Issues
Submissions relating exclusively to compensation for land usage are not dealt with by the ERCB and should be referred to the Alberta Surface Rights Board.

Eligibility for Hearing-Related Local Intervener Costs
A finding by the ERCB that a person is entitled to participate in a review hearing is not a decision on that person’s eligibility for an award of costs under Section 28 of the Energy Resources Conservation Act (ERCA). Persons intending to seek repayment of hearing-related costs must apply under Section 28 and Directive 031: Guidelines for Energy Proceeding Cost Claims.

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 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

Prehearing Applications and Motions
All prehearing applications to the Board that any party intends to make must be made and completed on or before 4:00 p.m., March 19, 2013.

For information about ERCB procedures, contact
Applications Branch, Facilities Applications Group
Attention: Jennifer Koppe
Telephone: 403-297-8288

Issued at Calgary, Alberta, on February 11, 2013.

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