REVISED NOTICE OF WRITTEN HEARING
APPLICATION NO. 1621054
NEW NORTH RESOURCES LTD.
KNOPCIK FIELD

Take Notice that the Energy Resources Conservation Board (ERCB/Board) will conduct a written proceeding of Application No. 1621054 (Application) in accordance with Section 47 of the Energy Resources Conservation Board Rules of Practice (Rules of Practice).

The Board received a request from interested parties to revise the submission filing dates of the hearing and agreed to grant the request.

Background
TykeWest Limited (TykeWest) and New North Resources Ltd. (New North) jointly acquired a well located at Legal Subdivision (LSD) 14, Section 9, Township 74, Range 11, West of the 6th Meridian (14-9 well). Production from the well is transported by a pipeline operated by New North to a blending facility located at LSD 13-15-74-11W6M and into EnCana Corporation’s gathering system.

TykeWest drilled a well at LSD 3-16-74-11W6M (3-16 well) in August 2007. The well is capable of production, but is not tied into a gathering system. New North does not have an interest in the 3-16 well. As TykeWest was unable to make reasonable arrangements to use the pipeline operated by New North in Application No. 1552791, it sought a common carrier order to transport its gas to market.

ERCB Decision 2009-013: TykeWest Limited, Application for a Common Carrier Order directed that Application No. 1552791 be approved and that a common carrier order, subject to the approval of the Lieutenant Governor in Council, be issued. Common Carrier Order No. Misc 2009-27 (the Order) was issued on March 18, 2009.

Description of the Proceeding
New North has requested the Board to vary the following term of the Order:
3) For the period commencing on March 20, 2008 and ending December 31, 2009, and in each annual calendar year thereafter, gas production from the Knopcik Halfway JJ pool must be distributed between the wells with unique identifiers of 00/14-09-074-11W6/0 and 00/03-16-074-11W6/0 in the proportion of 66 and 34 per cent respectively.

In this proceeding, the Board will consider the initial period of time required to balance production between the wells in the allocated proportions and the accounting period thereafter.

To view a copy of the Application and documents filed in support of the Application, go to the ERCB Web site at www.ercb.ca, select Industry Zone, Applications Page, Proceeding Search, and select Proceeding ID170.

Requirement to File a Submission
If you have an interest in this matter and wish to make a submission or submit evidence to the hearing of the proceeding, you must file submissions with respect to this Application even if you have previously filed a submission with the Board.

If you do not file a submission, 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 a submission with respect to the hearing of the Application must file on or before 4:00 p.m. on the following dates:

October 20, 2009 Final date for submissions that respond to the issue by all parties having an interest respecting the proceeding

November 2, 2009 Final date for Board questions to parties

November 16, 2009 Final date for all parties’ responses to the Board’s questions

November 30, 2009 Final date for all parties to reply to response submissions filed

Submissions are to be filed through the Digital Data Submission (DDS) System, Proceeding ID 170. 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
403-355-4313

Contents of a Submission

Under Section 24(2) of the 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.
In addition to the information listed above, submissions must also include responses to the following questions:

•   What is the status of the tie-in of the 00/03-16-074-11W6/0 well? 

• Should the period to balance gas production that occurs after March 20, 2008, in the allocated proportion between the wells be based on a specific date or a specific event (e.g., the tie-in of the 00/03-16-074-11W6/0 well) and a time period following the event? 

• What is the basis for the proposed date or event and the time period following the event?

• If there is a delay in tying in the 3-16 well, should the 14-19 well remain shut in until tie-in is completed?

Applications for Confidentiality
In accordance with Section 13 of the Rules of Practice, all documents filed in respect of this Application 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.

Please be advised that, pursuant to subsection 47(2) of the ERCB’s Rules of Practice, the Board may determine at any time during this written hearing that the proceedings must be disposed of by means of an oral hearing or an electronic hearing.

For information about ERCB procedures, contact
Applications Branch, Resources Applications Group
Attention: Jan Rempel
Telephone: 403-355-4593
Fax: 403-297-2474
E-mail: jan.rempel@ercb.ca

Issued at Calgary, Alberta, on October 16, 2009

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