NOTICE OF APPLICATION
APPLICATION NO. 1645805
BONAVISTA PETROLEUM
HARMATTAN-ELKTON FIELD

The Energy Resources Conservation Board (ERCB/Board) has received Application No. 1645805 (Application). This notice is to advise of the filing of this Application. Note that if no submissions are received on or before May 3, 2010, relating to the Application, the ERCB may continue to process this Application without further notice.

Description of the Application
Bonavista Petroleum (Bonavista) has applied, pursuant to Section 80 of the Oil and Gas Conservation Act (OGCA), for an order prescribing that all tracts within the drilling spacing unit comprising Section 34 of Township 31, Range 4, West of the 5th Meridian, be operated as a unit for the production of natural gas from the Viking Formation, through the well with the unique identifier of 03/06-34-031-04W5.

The applicant has requested, among other things, that costs and revenues under the pooling order be allocated on a tract area basis and that it be named the operator of the well to be produced. In addition, the applicant has requested that the maximum penalty allowed under the OGCA be applied to a tract owner’s share of the costs of drilling the well to, and completing it in the formation named in the order, if the tract owner does not pay the costs within 30 days of the later of the pooling order being issued, the tract owner being notified in writing of its share of actual costs, or the well commencing production.
 
To obtain a copy of the Application, contact
Bonavista Petroleum
700, 311 – 6th Avenue SW
Calgary, Alberta  T2P 3H2
Attention: Cory J. Stewart
Telephone: 403-213-4300
Fax: 403-262-5184

A copy of the application is available for viewing on the ERCB’s Web site at www.ercb.ca on the Integrated Application Registry (IAR).

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 Bonavista 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 3, 2010. Send one copy of your submission to the applicant at the name and address above and either an electronic copy by e-mail to jaclyn.holst@ercb.ca or a paper copy to

Jaclyn Holst, Application Coordinator
Applications Branch, Resources 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
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, Resources Applications Group
Attention: Jaclyn Holst
Telephone: 403-297-8233
Fax: 403-297-2474
E-mail: jaclyn.holst@ercb.ca

Issued at Calgary, Alberta, on April 12, 2010.
ENERGY RESOURCES CONSERVATION BOARD
Patricia M. Johnston, Q.C., General Counsel