Notice of Hearing
Proceeding ID 449
Summit Coal Inc.
Mine 14 Underground Coal Mine
The Alberta Energy Regulator (AER) will hold a public hearing for applications submitted by Summit Coal Inc. (Summit) for the Mine 14 Underground Mine Project.
This notice sets out how to request to participate in the hearing. The hearing will be scheduled later or, if there are no participants, the AER may cancel the hearing and decide on the applications without further notice.
The AER’s decision that the applications should be decided by a panel of hearing commissioners is available on the Participatory and Procedural Decisions landing page on https://www.aer.ca/.
Description of the Application
Summit has submitted an integrated application under the Environmental Protection and Enhancement Act (EPEA), the Water Act (WA), the Coal Conservation Act (CCA), and the Public Lands Act (PLA) to both update active approvals and for new approvals for the Mine 14 Underground Coal Mine, Mine Permit C 2009-6 and Mine License C 2011-9.
- Coal Conservation Act – 1945552/1945553 Amendment applications to increase the Mine Permit C 2009-6 boundary by 130 ha and increase the Mine Licence C 2011-9 boundary by 82 ha. These changes are required to ensure all previously approved mining areas as well as the access road are wholly contained within the approval boundaries.
- Environmental Protection and Enhancement Act – 001-00496728 An application for a new EPEA approval for the construction, operations and reclamation of the Mine 14 Underground Mine Project comprising the mine portal area, sedimentation ponds and associated water management structures and the access road.
- Water Act – 001-00496729/001-00496730 The WA approval application is for a new approval to construct and operate the water management systems at the mining project to capture, contain, reroute and otherwise manage water at the project location. The WA licence application is for a new licence for the diversion and use of 55,000 m3 of water per year, consisting of 31,500 m3 per year from groundwater sources (groundwater pumped during mining operations), and 23,500 m3 per year from surface water sources (stormwater and snowmelt collected from the surface water management structures at the project location). The water will be used for mining operations.
- Public Lands Act – 32212208/32903389 Applications to replace expired Mineral Surface Lease (MSL) 131303 and License of Occupation (LOC) 131361 which expired in June 2021.
The nearest urban center is the Hamlet of Grande Cache located approximately 3.2 km southwest of the proposed project.
Where can I find information about the hearing?
All hearing submissions, including the applications filed in relation to proceeding 449 are publicly available and can be found on the AER’s website using the public records system found at https://apps.public.aer.ca/hearing/.
To find out more about AER hearing procedures, see Manual 003: Participant Guide to the Hearing Process or contact the hearing coordinator.
Elaine Arruda, Hearing Coordinator
Alberta Energy Regulator
Suite 205, 4999 – 98 Avenue
Edmonton, Alberta T6B 2X3
Email: Hearing.Services@aer.ca
Phone: 403-297-7365
Summit Coal Inc.
c/o Bennett Jones LLP.
Attention: Martin Ignasiak, KC
4500 Bankers Hall East
855 2 Street SW
Calgary, Alberta T2P 4K7
Email: ignasiakm@bennettjones.com
Phone: (403) 298 3121
How can I apply to participate in the hearing?
You must file a written request to participate, even if you have already filed a statement of concern with the AER. Requests to participate are placed on the public record of this proceeding.
Your request to participate must contain the following:
- a copy of your statement of concern or an explanation why you did not file one;
- a concise statement indicating
- why and how you may be directly and adversely affected by a decision of the AER on the application, or
- if you will not be directly and adversely affected by a decision on the application, 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 matter that is the subject of the hearing,
- how you have a tangible interest in the subject matter of the hearing,
- how your participation will not unnecessarily delay the hearing, and
- how you will not repeat or duplicate evidence presented by other parties;
- the outcome of the application that you advocate;
- the nature and scope of your intended participation;
- your contact information;
- if you are acting on behalf of a group or association of people, the nature of your membership in the group or association; and
- your efforts, if any, to resolve issues associated with the proceeding directly with the applicant.
Send one copy of the request to Summit and one copy to the hearing coordinator. Submissions should be PDF documents with bookmarks, page numbers (with the first page in the document being numbered page one), and optical character recognition.
Filing deadlines
| December 17, 2024 | Final date to file a request to participate. |
| January 6, 2025 | Final date for response from the applicant on any requests to participate. |
Is this a public process?
Yes. Section 49 of the Rules of Practice requires that all documents and information filed for a proceeding be placed on the public record. 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. You should assume that anything you submit will be available online to the public. Section 49(2) of the Rules of Practice states how to apply to the AER for an order to keep information confidential.
What is outside of the AER’s jurisdiction?
Compensation for land use is not dealt with by the AER and should be referred to the Land and Property Rights Tribunal (formerly the Surface Rights Board).
Consultation with Alberta’s First Nations and Métis settlements and assessment of its adequacy are managed by the Aboriginal Consultation Office.
If my request to participate is approved, can I apply to get reimbursed for hearing-related costs?
If you are participating in a hearing, you may be eligible to have some of your costs paid.
Directive 031: REDA Energy Cost Claims explains how and when to apply.
Issued at Calgary, Alberta, on November 26, 2024.
ALBERTA ENERGY REGULATOR
