NOTICE OF HEARING
APPLICATION NO. 1521988
MILNER POWER INC.
GRANDE CACHE AREA

The Energy Resources Conservation Board (ERCB/Board) will hold a public hearing of Application No. 1521988 (Application) at the Best Western Grande Mountain Hotel, 9901 - 100 Street, Grande Cache, Alberta, commencing on October 28, 2009, at 9:00 a.m. All interveners to this proceeding must be present at the commencement of the hearing to register their appearance.

Description of the Application
Milner Power Inc. (Milner) has applied, pursuant to Section 10(1)(b) and 11(a) of the Coal Conservation Act, for a permit to develop the coal mine site and a licence to commence mining operations at the Milner #14 Mine. The proposed project consists of underground workings, a mine portal, surface facilities, and an access road connecting to Highway 40. The proposed project would be located north of the town of Grande Cache on Grande Mountain.

The proposed underground room and pillar coal mine would produce 480 000 tonnes of raw coal per year for 27 years. Coal would be transported via Highway 40 where it would be used as fuel for electrical generation at the HR Milner Generating Station 20 kilometers north of Grande Cache.

To obtain a copy of the Application, contact

Milner Power Inc.
1210, 715-5Ave SW
Calgary, Alberta T2P 2X6
Attention: Tony Knutson (Manager, Coal Supply)
Telephone: 403-263-3021
Fax: 403-263-9125

To view a copy of the Application and documents filed in support of the Application, contact

ERCB Information Services
Main floor, 640-5 Avenue SW
Calgary, Alberta T2P 3G4
Telephone: 403-297-8311 (Option 2)
Viewing hours: 9:00 a.m. to 3:00 p.m.

Requirement to File a Submission
If you have an interest in this matter and wish to make submissions or submit evidence at the hearing of the Application, you must file submissions with respect to this Application even if you have previously filed a submission with the Board or with Milner on this Application. 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) and a summary of all evidence you intend to present.

If you do not file submissions, the hearing of the Application may be cancelled and the ERCB will continue to process and may approve the Application without a hearing and without further notice.

Statement of Intent to Participate
Any party who wishes to intervene in this hearing must submit a statement of intent to participate (SIP) on or before 4:00 p.m., August 20, 2009.

The SIP should note the application number in the subject line and set out the name of the party or organization name, address or legal land description, telephone number, and e-mail address (if available). The SIP submission must also contain a description of the nature of the party's interest in the proceeding (i.e. how the party will be affected by the Board's decision). The SIP must also contain an indication as to whether the party supports or objects to the Application, and the supporting rationale.

If the party is represented by another party, the contact information for the representative should be included. If the SIP is being submitted on behalf of a group, the contact person for the group and details of the group membership should be provided. Send a copy of your submission to the applicant at the name and address above and a copy to

Robin Little, Application Coordinator
Applications Branch, Resources Applications Group
Energy Resources Conservation Board
640 - 5 Avenue SW
Calgary, Alberta T2P 3G4

How to File a Submission
Any party intending to make submissions with respect to the hearing of the Application must file on or before 4:00 p.m., October 2, 2009. Send one copy of your submission to the applicant at the name and address above and ten copies to the ERCB Application Coordinator at the address above.

Contents of a Submission
Under Section 24(2) of the Energy Resources Conservation Board Rules of Practice (Rules of Practice), submissions must contain the following:

(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.

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.

Applications for Confidentiality
In accordance with Section 13 of the Rules of Practice, all documents filed in respect of this proceeding must 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. 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.

Questions of Constitutional Law
In accordance with Section 25 of the Rules of Practice, a person who intends to raise a question of constitutional law before the Board must give notice in accordance with Section 12 of the Administrative Procedures and Jurisdiction Act and its regulation.

For information about ERCB procedures, contact

Applications Branch, Resources Applications Group
Attention: Robin Little
Telephone: 403-297-3540
Fax: 403-297-8122
E-mail: robin.little@ercb.ca  

Issued at Calgary, Alberta, on July 15, 2009.

ENERGY RESOURCES CONSERVATION BOARD
Patricia M. Johnston, Q.C., General Counsel