NOTICE OF HEARING
APPLICATION NO. 1651737
PROSPEX RESOURCES LTD.
KAKWA FIELD
Examiners appointed by the Energy Resources Conservation Board (ERCB/Board) will hold a public hearing of Application No. 1651737 (Application) at the ERCB Head Office, Govier Hall, 3rd Floor, Centennial Place, West Tower, 250 – 5 Street SW, Calgary, Alberta, commencing on November 18, 2010, 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
Prospex Resources Ltd. (Prospex) has applied, pursuant to Section 80 of the Oil and Gas Conservation Act (OGCA), for an order prescribing that all tracts within the drilling spacing unit comprising Section 27, Township 63, Range 4, West of the 6th Meridian, be operated as a unit for the production of gas from all zones from the base of the Cardium Formation to the base of the Spirit River Formation, through a well to be drilled in Legal Subdivision 3, and from three additional wells, with a maximum of four wells per pool per section.
The applicant has requested, among other things, that costs and revenues under the pooling order be allocated on a tract area basis and that it be named the operator of the well(s) to be produced. In addition, the applicant has requested that the maximum penalty allowed under the OGCA be applied to a tract owner's share of the costs of drilling the well(s) to and completing it in the formations named in the order if the tract owner does not pay the costs within 30 days of the later of the pooling order being issued, the tract owner being notified in writing of its share of the actual costs, or the well commencing production.
To obtain a copy of the Application, contact
Prospex Resources Ltd.
2500 Bow Valley Square III
255 – 5 Avenue SW
Calgary, Alberta T2P 3G6
Attention: Peter Parkinson
Telephone: 403-268-3979
Fax: 403-268-3987
To view a copy of the Application and supporting documents, go to the ERCB Web site at www.ercb.ca : Industry Zone : Applications : View Application - IAR Query : Access IAR Query System, and enter Application No. 1651737.
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 Prospex 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.
How to File a Submission
Any party intending to make submissions with respect to the hearing of the Application must file by 4:00 p.m., on or before the filing dates below.
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October 21, 2010
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Date by which you should register your intent to file submissions on DDS.
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October 21, 2010
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Final date for submissions by all interested parties.
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November 4, 2010
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Final date for response submissions from applicant.
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Submissions are to be filed through the Digital Data Submission (DDS) System, Proceeding ID 211. For information on the use of DDS to file submissions please contact
Kim Clayton, Senior Applications Officer
Applications Branch
Energy Resources Conservation Board
640 – 5 Avenue SW
Calgary, Alberta T2P 3G4
Telephone: 403-355-4313
For submissions of Power Point presentations, maps, and/or logs, file a copy through DDS and send one paper copy of your submission to the applicant at the name and address above and 8 complete paper copes to
Andrew Lung, Application Coordinator
Applications Branch, Resources Applications Group
Energy Resources Conservation Board
640 – 5 Avenue SW
Calgary, Alberta T2P 3G4
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
Under 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: Andrew Lung
Telephone: 403-297-5361
Fax: 403-297-2474
E-mail: andrew.lung@ercb.ca
Issued at Calgary, Alberta, on September 23, 2010.
ENERGY RESOURCES CONSERVATION BOARD
Patricia M. Johnston, Q.C., General Counsel
