NOTICE OF RESCHEDULING OF HEARING
PROCEEDING NO. 1460731
NOTICE OF INTENTION TO ISSUE A DECLARATION NAMING DAVID N. MATHESON AND RONALD P. BOURGEOIS UNDER SECTION 106 OF THE OIL AND GAS CONSERVATION ACT
ALBERTA ENERGY AND UTILITIES BOARD

Take Notice that the Alberta Energy and Utilities Board (EUB/Board) had scheduled a public hearing regarding Proceeding No. 1460731 at the Sandman Hotel, 888-7th Avenue, Calgary, Alberta commencing on Thursday, October 12, 2006 at the hour of 9:00 a.m. The Board received a request from interested parties to reschedule the hearing to allow time for an Information Request (IR) process and it agreed to grant the request.

Therefore, Take Notice that the EUB will hold a public hearing of Proceeding No. 1460731 in Govier Hall at the EUB Head Office, 640-5th Avenue SW, Calgary, Alberta commencing on Tuesday, December 12, 2006 at the hour of 9:00 a.m. All interveners to the proceeding must be present at the commencement of the hearing to register their appearance.
 
Nature of the Proceeding
On March 17, 2006, the EUB issued a Joint Notice of Intention to Issue a Declaration Naming David N. Matheson and Ronald P. Bourgeois (the “Individuals”) in accordance with Section 106 of the Oil and Gas Conservation Act. The Notice with Attachments was served on David N. Matheson. However, as personal service was attempted but was not affected on Ronald P. Bourgeois, the EUB issued a separate Notice of Intention to Issue a Declaration Naming Mr. Ronald P. Bourgeois on April 28, 2006 which was served on Ronald P. Bourgeois by leaving a copy of the Notice and Attachments with an adult person at the address stated in the Notice and by publishing the Notice in the Calgary Herald and Daily Oil Bulletin. David N. Matheson and Ronald P. Bourgeois filed a joint submission with the EUB on June 15, 2006 in reply to the Notices. In their submission, David N. Matheson and Ronald P. Bourgeois disputed that they were persons in control of M.L. Cass Petroleum Corporation at the time the contraventions of EUB Orders occurred and the outstanding debts of M.L. Cass Petroleum Corporation to the EUB and to the EUB to the account of the Orphan Fund were incurred. The EUB decided to hold a show cause hearing regarding whether Mr. Matheson and Mr. Bourgeois were persons in control of M.L. Cass Petroleum Corporation.

The Corporate Compliance Group (CCG) of the EUB is a party to this Proceeding.

Additional Information
To obtain additional information regarding the contraventions and outstanding debts of M.L. Cass Petroleum Corporation and Attachment A to the Notices of Intention to Issue a Declaration Naming David N. Matheson and Ronald P. Bourgeois contact
EUB Corporate Compliance Group
Attention: Eric Deegan
Telephone: (403) 297-6948
Fax: (403) 297-7168

For information about EUB procedures, contact
Applications Branch, Facilities Applications Group
Attention: Gavin McClenaghan
Telephone: (403) 297-6847
Fax: (403)297-4117
E-mail: Gavin.McClenaghan@gov.ab.ca

Schedule for Filing Submissions

The following is the schedule
October 13, 2006 - Individuals file submissions
October 20, 2006 - CCG responses to individual’s submission
October 27, 2006 - Information Requests (IRs) from individuals, the CCG, and Board staff are filed with the individuals and the CCG
November 10, 2006 - Parties respond to respective IRs
November 24, 2006 - Individuals file final submissions
December 12, 2006 - Hearing commences

A party shall serve a copy of its filings on the other party or parties to the proceeding and ten copies to
Gavin McClenaghan, Applications Coordinator
Applications Branch, Facilities Applications Group
Alberta Energy and Utilities Board
640 - 5th Avenue SW, Calgary, Alberta T2P 3G4

In accordance with Section 12 of the Alberta Energy and Utilities Board Rules of Practice, all documents filed in respect of this proceeding must be placed on the public record unless otherwise ordered by the Board.

In accordance with Section 23.1 of the Alberta Energy and Utilities Board 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.

In accordance with Section 38 of the Alberta Energy and Utilities Board Rules of Practice, witnesses must give evidence under oath or affirmation.

Issued at Calgary, Alberta on October 6, 2006

ALBERTA ENERGY AND UTILITIES BOARD
Douglas A. Larder, Q.C., General Counsel