Who:

All land professionals responsible for assisting or preparing energy development applications to the AER.

What:

On June 17, 2013, the AER, a new single regulator, was created by the Alberta Government to provide a full regulatory oversight over upstream oil, oil sands, natural gas, and coal development in Alberta. The AER immediately succeeded the former ERCB in June 2013, and has subsequently taken over certain regulatory functions of Alberta Environment and Sustainable Resource Development (ESRD) in the fall of 2013 (e.g. public land dispositions and approvals). The AER is expected to assume additional ESRD responsibilities in the spring of 2014 (approvals under Alberta Environment Protection Act and the Water Act).

This half day seminar will focus on the internal and external challenges faced by land professionals in preparing and managing facility applications arising from AER Directive 56 and the AER"s Rules of Practice. An overview of the facility non-routine application life cycle will be presented in the context of the new AER regulatory framework.

1.    Pre-application processes, which can include:

• The necessity for strategic planning in the development and execution of a company"s participant involvement plan.
• Project and technical assessments.
• Identifying and managing internal and external timelines.
• Regulatory assessments.
• Identifying existing third party energy infrastructure (re: potential proliferation issues)
• Mineral and surface rights and access assessments

2.    Alternative Processes to manage and address potential landowner concerns and statement of concerns filed with the AER:

• Pre-application statement of concerns filed with the AER
• Alternate dispute resolution (ADR) (i.e., AER vs. third party providers)

3.    Preparing and submitting the non-routine application to the AER:

• Participant involvement summary
• Content of non-routine application
• Non routine application package (IAR)

4.    Review and discussion of AER non-routine application processes:

• Confirmation of current application status and using IAR system
• "Notice of Application"
• AER audits
• Party"s "standing" or right to trigger a public hearing

5.    Review and discussion of AER Hearing Processes, including Award of Energy Cost Claims

6.    Appeal of an AER Decision

Relevant case studies, AER decisions, and court decisions specific to these types of applications will be presented and discussed.

Registration Fee includes beverages and snacks.

Instructor(s):

Tamara Bews

Tamara has nearly 20 years of commercial-regulatory experience in the energy, transportation and agricultural industries, including three years as legal counsel for Alberta Energy and Utilities Board (now the AER). She has extensive hands-on experience as a senior lawyer leading and guiding energy projects from inception to completion in Alberta, British Columbia, and Saskatchewan, including providing advice on all aspects of the energy resource development life cycle from application to abandonment and reclamation. Tamara has represented clients in significant applications before the Alberta Energy Resources Conservation Board (ERCB, now the AER), the AER, the Alberta Surface Rights Board (SRB), and appeals of EUB/ERCB decisions to the Alberta Court of Appeal.

Wendy Ross

Twenty-five years surface acquisition, regulatory and leadership experience in the jurisdictions of Alberta, British Columbia, Saskatchewan, Montana and South Dakota. Proven ability to develop and maintain relationships with all stakeholders to facilitate energy development including First Nations and Metis communities and their leadership, regulatory boards, landowners, and the general public. She has appeared as a witness at public hearings before the Energy Conservation Board (ERCB) and the Alberta Surface Rights Board (SRB).