NOTICE OF APPLICATION
APPLICATION NO. 1643952
NEWALTA CORPORATION
SEAL AREA

The Energy Resources Conservation Board (ERCB/Board) has received Application No. 1643952 (Application). This notice is to advise of the filing of this Application. Note that if no submissions are received on or before May 11, 2010, relating to the Application, the ERCB may continue to process this Application without further notice.

Description of the Application
Newalta Corporation (Newalta) has applied to the ERCB, pursuant to Directive 058—Addendum 2008-12-23: Oilfield Waste Management Facility Approvals—Notification and Amendment Procedures, to commence construction of an oilfield waste management facility. Newalta initially received approval to construct and operate the oilfield waste management facility (Application No. 1546674) for the purpose of receiving, storing, and processing oilfield wastes generated primarily from drilling, completion, and production activities in the Peace River heavy oil area, located at Legal Subdivision 11, Section 7, Township 82, Range 15, West of the 5th Meridian, dated May 5, 2008.

To obtain a copy of the Application, contact
Newalta Corporation
211 – 11 Avenue SW
Calgary, Alberta  T2R 0C6
Attention: Darren Feist
Telephone: 403-806-7092
Fax: 403-806-7241

To view a copy of the Application 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, you are required to make a submission with respect to this Application even if you have previously filed a submission with the Board or with Newalta on this Application.
If no submissions are received, the ERCB will continue to process and may approve the Application without further notice or without a hearing.

How to File a Submission
Any party intending to make a submission with respect to the Application must file on or before 4:00 p.m., May 11, 2010. Send one copy of your submission to the applicant at the name and address above and another copy to

Vicki Shackleton, 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), any submission filed 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: Vicki Shackleton
Telephone: 403-297-6487
Fax: 403-297-2691
E-mail: vicki.shackleton@ercb.ca

Issued at Calgary, Alberta, on April 15, 2010.

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