NOTICE OF HEARING
PROCEEDING NO. 1624923
BAYTEX ENERGY LTD.
PEMBINA FIELD

Energy Resources Conservation Board (ERCB/Board) will hold a public hearing of Proceeding No. 1624923 (Proceeding) at the ERCB Head Office, 640 – 5 Avenue SW, Calgary, Alberta, commencing on March 24, 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 Proceeding
On July 21, 2009, the ERCB approved Application No. 1614414 and issued Well Licence No. 0411497 to Baytex Energy Ltd. (Baytex) in accordance with Section 2.020 of the Oil and Gas Conservation Regulations. The licence is for the drilling of a single well to obtain gas with 30 per cent hydrogen sulphide from the Nisku Formation from a surface location at Legal Subdivision (LSD) 11, Section 22, Township 48, Range 9, West of the 5th Meridian, to a bottomhole location in LSD 2-22-48-9W5M. The well is located about 8 kilometres northeast of the Hamlet of Lodgepole.

On August 10, 2009, the ERCB received a letter from an individual requesting that the Board conduct a review hearing relating to the Well Licence No. 0411497 pursuant to Section 40 of the Energy Resources Conservation Act. On September 21, 2009, the ERCB granted the request for a review hearing and registered the hearing as Proceeding No. 1624923.

The purpose of the review hearing is to determine whether the Board should confirm, vary, or rescind its decision to grant Well Licence No. 0411497.

To obtain a copy of the Proceeding, contact

Baytex Energy Ltd.
2200, 205 – 5 Avenue SW
Calgary, Alberta  T2P 2V7
Attention: Jason Dousett
Telephone: 403-538-3691
Fax: 403-267-0777

To view a copy of the Proceeding and supporting documents, 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 Proceeding, you must file submissions with respect to this Proceeding even if you have previously filed a submission with the Board or with Baytex on this Proceeding. 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.

How to File a Submission
Any party intending to make submissions with respect to the hearing of the Proceeding must file by 4:00 p.m., on or before the filing dates below.

February 17, 2010 Final date for submissions by all interested parties.
March 3, 2010 Final date for response submissions from Baytex.

Send one copy of your submission to the applicant at the name and address above and 10 copies and one electronic copy in .pdf format with optical character recognition and bookmarks to

Jennifer FitzGerald, 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
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, Facilities Applications Group
Attention: Jennifer FitzGerald
Telephone: 403-297-4364
Fax: 403-297-4117
E-mail: jennifer.fitzgerald@ercb.ca

Issued at Calgary, Alberta, on February 1, 2010.

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