The Alberta Energy Regulator (AER) will hold a public hearing on a regulatory appeal of the decision to grant Pipeline Licence No. 56308. The date, time, and place of the hearing will be set after requests to participate are filed.
Description of the Proceeding
On August 1, 2014, landowners along the right-of-way of Licence No. 56308 requested a regulatory appeal, pursuant to Division 3 of the Responsible Energy Development Act and Part 3 of the Alberta Energy Regulator Rules of Practice (Rules of Practice), of the AER’s decision to grant the licence. On August 27, 2014, the AER granted the request. The purpose of the regulatory appeal hearing is to determine whether the AER should confirm, vary, suspend, or revoke its decision to issue the licence.
Description of the Application
Pembina Pipeline Corporation (Pembina) applied under Part 4 of the Pipeline Act for approval to construct and operate two D530 pipelines, both to transport high-vapour-pressure and low-vapour-pressure products. The pipelines are to be placed in the same trench in Legal Subdivision (LSD) 4, Section 35, Township 54, Range 24, West of the 4th Meridian, and terminate at two different end points within Pembina’s Redwater fractionation and storage facility in Township 56-22W4M. The proposed pipelines are to be about 31 kilometres (km) and 29 km long with maximum outside diameters of 609.6 millimetres (mm) and 406.4 mm, respectively. There will be no hydrogen sulphide (H2S) content. The emergency planning zone will be 2.6 km. The nearest urban centres are the cities of Edmonton and Fort Saskatchewan, located within 0.1 km and 2.5 km of the project.
For a copy of the application, contact
Pembina Pipeline Corporation
3800, 525 – 8 Avenue SW
Calgary, Alberta T2P 1G1
Attention: Julie Walker
Telephone: 403-231-2374 or 1-888-428-3222 (toll free)
To view a copy of documents relating to the proceeding, contact
AER Information Management Branch
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4
Telephone: 1-855-297-8311 (toll free; option 2)
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.
Requirements to Participate
If you are not already a party to the regulatory appeal and wish to participate in the hearing, you must file a request to participate in accordance with this notice.
Contents of a Request to Participate
A request to participate, under section 32 of the Rules of Practice, must be in writing and contain
a) a copy of your statement of concern, if applicable;
b) a concise statement indicating
i) why you may be directly and adversely affected by a decision of the AER on the regulatory appeal , or
ii) if you will not be directly and adversely affected by a decision of the AER on the regulatory appeal, what the nature of your interest in the matter is and why you should be permitted to participate;
c) if you will not be directly and adversely affected by a decision of the AER on the regulatory appeal, an explanation of
i) how your participation will materially assist the AER in deciding the subject matter of the regulatory appeal,
ii) how you have a tangible interest in the subject matter of the regulatory appeal,
iii) how your participation will not unnecessarily delay the regulatory appeal, and
iv) how you will not repeat or duplicate the evidence presented by the other parties in the regulatory appeal;
d) the outcome on the application that you advocate;
e) the nature and scope of your intended participation;
f) your contact information, including your name, address in Alberta, telephone number, and e-mail address or, if you do not have an e-mail address, your fax number;
g) if you are acting on behalf of a group or association of persons, the nature of your membership in the group or association;
h) 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; and
i) if you have a representative, their name, address in Alberta, telephone number, and e-mail address or, if they do not have an e-mail address, their fax number.
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. The Rules of Practice is available on the AER website at www.aer.ca.
Questions of Constitutional Law
In addition to giving notice according to section 12 of the Administrative Procedure and Jurisdiction Act and schedule 2 of the Designation of Constitutional Decision Makers Regulation, you must include the following information in your submission and file it according to the dates listed under How to File a Request to Participate if you intend to raise a question of constitutional law:
a) the constitutional question you intend to raise,
b) the legal argument you intend to make, and
c) the evidence you intend to rely on in support of your legal argument.
Under section 21 of the Responsible Energy Development Act, 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
Submissions must be filed before 4:00 p.m. on the filing dates below.
September 29, 2014 Final date for interested parties to file a request to participate.
October 6, 2014 Final date for the approval holder, Pembina, to submit responses to any requests to participate.
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 Pembina at the name and address above and one copy to
Jennifer Koppe, Hearing Coordinator
Infrastructure Authorizations (Oil and Gas)
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 the hearing coordinator, Jennifer Koppe, by phone at 403-297-8288 or by e-mail to Jennifer.Koppe@aer.ca.
Issued at Calgary, Alberta, on September 4, 2014.
ALBERTA ENERGY REGULATOR
Patricia M. Johnston, Q.C., General Counsel