Proceeding 1779665

Revised Notice of Hearing
Regulatory Appeal
Proceedings No. 1779665 and 1795000
Prosper Petroleum Ltd.
Undefined Field

On January 20, 2014, the Alberta Energy Regulator (AER) issued a notice of hearing on Proceeding No. 1779665. On April 29, 2014, the AER determined that Fort McKay First Nation’s request for a regulatory appeal of the renewal of the letter of authority (LOA) for oil sands exploration 120084 granted under the Public Lands Act to Prosper Petroleum Ltd. (Prosper) be set down for a hearing. The AER has determined that these two regulatory appeals should be heard together.

The AER will hold a written hearing on the regulatory appeals of the decisions to grant Well Licences No. 0454959, 0454960, 0454961, 0454962, 0454963, 0454964, 0454965, 0454966, 0454967, 0454968, 0454969, 0454780, 0454781, 0454782, 0454783, 0454784, 0454785, 0454786, 0454787, 0454788, 0454789, 0454790, 0454791, and 0456119 (licences) and renew the LOA.

If the requests for the regulatory appeals are withdrawn, the AER will cancel the hearing and will discontinue the regulatory appeals.

Description of the Proceedings

On August 2, 2013, Fort McKay First Nation and the Fort McKay Métis Community Association requested a regulatory appeal, pursuant to Division 3 of the Responsible Energy Development Act (REDA) and Part 3 of the AER Rules of Practice (Rules of Practice), of the decisions to grant the licences. On November 14, 2013, the AER granted the request.

On March 31, 2014, Fort McKay First Nation requested a regulatory appeal, pursuant to section 38(1) of REDA and section 121 of the Public Lands Act, of the decision to grant the renewal of the LOA to conduct an oil sands exploration program. The AER granted the request on April 23, 2014, under section 20 of the Public Lands Act.

The purpose of the regulatory appeal hearing is to determine whether the AER should confirm, vary, suspend, or revoke its decisions to issue the renewal of the LOA and the licences.

For a copy of documents relating to the proceedings, contact
Prosper Petroleum Ltd.
1000, 521 – 3 Avenue SW
Calgary, Alberta  T2P 3T3
Attention: Carrie Cochran
Telephone: 403-532-7655
Fax: 403-532-7644
E-mail: ccochran@prosperpetroleum.com

To view a copy of documents relating to the proceedings, contact
AER Information Management Branch
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Telephone: 1-855-297-8311 (toll free; option 2)
E-mail: infoservices@aer.ca
Viewing hours: 9:00 a.m. to 3:00 p.m.

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

Requirement to Participate

If you are not already a direct party to the proceeding and wish to participate in the hearing, you must file a request to participate.

Contents of a Request to Participate

Under section 9 of the Rules of Practice, a request to participate must be in writing and contain

  1. a copy of your statement of concern, if applicable;
  2. a concise statement indicating
    1. why  you may be directly and adversely affected by a decision of the AER on the regulatory appeal, or
    2. if you will not be directly and adversely affected by a decision of the AER on the regulatory appeal, explain
      • what the nature of your interest in the matter is and why you should be permitted to participate,
      • how your participation will materially assist the AER in deciding the subject matter of the regulatory appeal,
      • how you have a tangible interest in the subject matter of the regulatory appeal,
      • how your participation will not unnecessarily delay the regulatory appeal, and
      • how you will not repeat or duplicate the evidence presented by the other parties in the regulatory appeal,
    3. the outcome of the regulatory appeal that you advocate,
    4. the nature and scope of your intended participation,
    5. your efforts, if any, to resolve issues associated with the proceeding directly with the party requesting the appeal or the approval holder, as the case may be;
  3. your contact information, including your name, address in Alberta, telephone number, e-mail address or, if you do not have an e-mail address, your fax number;
  4. if you have a representative, their name, address in Alberta, telephone number, e-mail address or, if they do not have an e-mail address, their fax number; and
  5. if you are acting on behalf of a group or association of persons, the nature of your membership in the group or association.
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.

Section 21 of the Responsible Energy Development Act

Under section 21 of REDA, the AER does not have jurisdiction to assess the adequacy of Crown consultation associated with the rights of aboriginal peoples as recognized and affirmed under the Constitution Act.

How to File a Request to Participate and Submissions
Requests and submissions must be filed before 4:00 p.m. on the filing dates below.

Deadlines for requests to participate
May 12, 2014 Final date for interested persons to file a request to participate.
May 15, 2014 Final date for the approval holder, Prosper, to submit responses to any requests to participate.

Submission deadlines for all parties
May 30, 2014 Final date for submissions from participating parties.
June 6, 2014 Final date for Prosper’s reply submission.
June 20, 2014
  • AER sends its questions to the parties.
  • If parties are using written cross-examination, they send their written questions to the party being examined.
  • Alternatively, if parties are conducting oral cross-examination, they schedule the cross-examination.
July 7, 2014
  • Parties file responses to the AER’s questions and respond to any written questions from the other parties.
  • Parties file any evidence from oral cross-examination on submissions, including any undertakings given by parties.
July 14, 2014 Parties file written arguments.
July 28, 2014 Parties file written reply arguments.

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 Prosper at the name and address above and one copy to

Jennifer Koppe, Authorizations Specialist
Authorizations Branch, Authorizations Infrastructure (Oil and Gas) Group
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4

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 Jennifer Koppe by phone at 403-297-8288 or by
e-mail to jennifer.koppe@aer.ca, or contact Rachel Ruddell by phone at 403-297-8557 or by e-mail to rachel.ruddell@aer.ca.

Issued at Calgary, Alberta, on May 5, 2014.
ALBERTA ENERGY REGULATOR
Patricia M. Johnston, Q.C., General Counsel