Notice of Hearing
Reconsideration
Proceeding ID 432
Qualico Developments West Ltd.
Northeast Edmonton
NOTE: The initial notice of hearing was issued on July 13, 2023. The notice provides new deadlines for confirmation of participation, filing a request to participate and responses regarding requests to participate.
The Alberta Energy Regulator (AER) will hold a public hearing to reconsider its April 20, 2022, decision on amended application no. 1932335 brought by Qualico Developments West Ltd. (Qualico) under subsections 33(1) and 33(2) of the Pipeline Act and 80(1) of the Pipeline Rules. This notice sets out how to request to participate in the hearing. The hearing will be scheduled after requests to participate are filed.
Description of the Proceeding
The AER issued its decision declining to decide amended application no. 1932335 on April 20, 2022. On November 14, 2022, the AER issued notice that it would exercise its authority under section 42 of the Responsible Energy Development Act to reconsider its April 20, 2022, decision, and advised that it would conduct the reconsideration without a hearing. On May 30, 2023, the AER advised that, going forward, the reconsideration would be conducted with a hearing.
Through amended application no. 1932335, Qualico seeks the alteration of certain existing pipelines in the Horse Hill area of northeast Edmonton. Qualico requests that the AER direct Pembina Pipeline Corporation (Pembina) to alter part of one pipeline and Plains Midstream Canada ULC (Plains) to alter two parts of one pipeline to accommodate crossings by new or upgraded arterial roadways that are proposed as part of Qualico’s development of the Marquis neighbourhood. Qualico also requests that the AER order the cost for the alteration of the pipelines to be shared 50/50 between Qualico and Pembina, and between Qualico and Plains.
Where can I find information about the application and the hearing?
To receive a copy of the hearing materials, or find out more about AER procedures, contact the hearing coordinator:
Elaine Arruda, Hearing Coordinator
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4
Email: @email
Phone: 403-297-7365
How can I apply to participate in the hearing?
Qualico, Pembina and Plains are parties to the reconsideration. As parties, they may participate in the hearing and do not need to submit a request to participate. However, they must confirm their intention to participate in the hearing and the nature and scope of their participation in writing by August 10, 2023.
If you are not already a party to the reconsideration and want 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:
- 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 the AER’s decision 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 the request 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
| August 10, 2023 | Final date to file a request to participate. |
| August 17, 2023 | Final date to submit responses to any request 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.
If my request to participate is approved, can I apply to get reimbursed for hearingrelated
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.
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).
Crown consultation with Alberta’s First Nations and Métis settlements and assessment of its adequacy are managed by the Aboriginal Consultation Office.
Issued at Calgary, Alberta, on July 26, 2023.
ALBERTA ENERGY REGULATOR
