NOTICE OF INTENTION TO ISSUE A DECLARATION
NAMING ROBERT P. BOURGEOIS
PURSUANT TO SECTION 106 OF THE
OIL AND GAS CONSERVATION ACT, RSA 2000, c. O-6
TAKE NOTICE that the Alberta Energy and Utilities Board (“EUB” or “Board”) intends to issue a Declaration under s. 106(1) of the Oil and Gas Conservation Act (“OGC Act”) naming Robert P. Bourgeois as a person directly or indirectly in control of M.L. Cass Petroleum Corporation, which has contravened or failed to comply with the following EUB Orders:
- Abandonment Order No. AD 2000-446
- Abandonment Order No. AD 2000-447
- Abandonment Order No. AD 2000-448
- Abandonment Order No. AD 2000-497
- Abandonment Order No. AD 2001-07
- Abandonment Order No. AD 2004-11
- Abandonment Order No. AD 2004-12
- Abandonment Order No. AD 2005-4
- Abandonment Order No. AD 2005-5
- Abandonment Order No. AD 2005-11
- Abandonment Cost Order No. ACO 2004-2 and 2A
- Abandonment Cost Order No. ACO 2005-04
- Miscellaneous Order 03006
AND FURTHER TAKE NOTICE that the Board intends to issue a Declaration under s. 106(1) of the OGC Act naming Robert P. Bourgeois as a person directly or indirectly in control of M.L. Cass Petroleum Corporation, who has outstanding debts to the Board in the amount of $237,880.78 as well as outstanding debts to the Board to the account of the Orphan Fund in the amount of $716,920.14 in respect of suspension, abandonment, or reclamation costs.
AND FURTHER TAKE NOTICE that in support of the proposed issuance of any Declaration is the information contained in Attachment A to this Notice, which includes prima facie evidence of the contraventions detailed above as well as prima facie evidence that indicates Robert P. Bourgeois was a person directly or indirectly in control of M.L. Cass Petroleum Corporation.
AND FURTHER TAKE NOTICE that Robert P. Bourgeois shall have until May 19, 2006, or such further date as the Board may prescribe, to file a written submission to the EUB to show cause why such a Declaration should not be issued, detailing the reason(s) why such a Declaration should not be issued, and including all supporting evidence.
AND FURTHER TAKE NOTICE that the Board issued a Joint Notice in this matter on March 17, 2006, and personal service on Robert P. Bourgeois was attempted but was not effected, so the Panel has determined that service of this Notice may be effected on Robert P. Bourgeois by placing the Notice with Attachments in a sealed envelope and leaving same with any adult located at 850, 555 – 4th Avenue S.W., Calgary, Alberta, and by publishing this Notice in The Calgary Herald and the Daily Oil Report.
To file a submission send one original and ten copies to:
Office of the General Counsel
Attention: J. Richard McKee
Alberta Energy and Utilities Board
640 – 5 Avenue SW
Calgary, AB T2P 3G4
If no written submission is received from or on behalf of Robert P. Bourgeois as provided herein, and upon proof to the Board of personal service of this Notice of Intention to Issue Declarations upon Robert P. Bourgeois, the Board may proceed to issue a Declaration without further notice to Robert P. Bourgeois relying upon the prima facie evidence noted above, and any and all written and oral submissions to the Board, submitted by Board staff.
If a written submission is received by the Board from or on behalf of Robert P. Bourgeois, the Board will consider the written submission filed in this proceeding and determine whether the holding of a public hearing is warranted.
If, upon such consideration, it is deemed necessary and in the public interest, the Board may then set a date for a show cause hearing with further Notice of Hearing to Robert P. Bourgeois, so that the matter of issuance of any Declaration naming Robert P. Bourgeois pursuant to the provisions of s. 106 OGC Act can be properly determined at that hearing.
AND TAKE FURTHER NOTICE that if any Declaration is issued, the Board may thereafter impose such restrictions and sanctions as set out in s. 106(3) of the OGC Act against Robert P. Bourgeois and any companies directly or indirectly controlled by Robert P. Bourgeois as may be appropriate, including:
a) suspension of any operations of a licensee or approval holder under the OGC Act or a licensee under the Pipeline Act,
b) refusal to consider applications for identification code, licence or approval from an applicant under the OGC Act or the Pipeline Act,
c) refusal to consider applications to transfer a licence or approval under the OGC Act or a licence under the Pipeline Act,
d) require submission of abandonment and reclamation deposits in an amount determined by the Board prior to granting any licence, approval or transfer to an applicant, transferor or transferee under the OGC Act, or
e) require the submission of abandonment and reclamation deposits in an amount determined by the Board for any wells or facilities of any licensee or approval holder.
Issued at Calgary, Alberta on April 28, 2006.
ALBERTA ENERGY AND UTILITIES BOARD
JP Mousseau
Counsel to the s. 106 Notice Panel
