NOTICE OF HEARING
APPLICATION NO. 1603186
BREAKER ENERGY LTD.
PROVOST FIELD

Examiners appointed by the Energy Resources Conservation Board (ERCB/Board) will hold a public hearing of Application No. 1603186 (Application) at the Consort Community Centre, 4604 - 50 Avenue, Consort, Alberta, commencing on August 11, 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
Breaker Energy Ltd. (Breaker) submitted an application in accordance with Part 4 of the Pipeline Act for approval to construct and operate a pipeline for the purpose of transporting natural gas from Legal Subdivision (LSD) 9 of Section 32, Township 34, Range 3, West of the 4th Meridian to a pipeline tie-in point at LSD 11-32-34-3W4M. The proposed pipeline would be about 0.75 kilometres (km) in length with a maximum outside diameter of 114.3 millimetres and would transport natural gas containing no hydrogen sulphide. The proposed pipeline would be located about 20 km southeast of Consort.

To obtain a copy of the Application, contact
Breaker Energy Ltd.
2300, 635 – 8 Avenue SW
Calgary, Alberta  T2P 3M3
Attention: Joe Stepaniuk
Telephone: 403-215-5264
Fax: 403-263-8665

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.

ERCB Wainwright Field Centre
801 – 2 Avenue
Wainwright, Alberta  T9W 1C4
Telephone: 780-842-7570

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 Breaker 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 intervening party intending to make submissions with respect to the hearing of the Application must file on or before 4:00 p.m., July 21, 2009. Send one copy of your submission to the applicant at the name and address above and ten copies to

Rachelle Reid, Application Coordinator
Applications Branch, Facilities 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
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, Facilities Applications Group
Attention: Rachelle Reid
Telephone: 403-355-4305
Fax: 403-297-4117
E-mail: rachelle.reid@ercb.ca

Issued at Calgary, Alberta, on June 10, 2009.

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