Request for Regulatory Appeal – Eligible Person
In this decision, the AER considered R.A. Brown’s (“Mr. Brown”) request for regulatory appeal of the AER’s decision to issue Whitecap Resources Inc. (“Whitecap”) Well Licence No. 04891138 (the “Decision”).
The AER found that Mr. Brown was not an eligible person and dismissed his request for regulatory appeal of the Decision.
Eligibility to Apply for Regulatory Appeal
Section 38 of the Responsible Energy Development Act (“REDA”) governs requests for regulatory appeal and provides that an eligible person may request a regulatory appeal. Section 36(b)(ii) of REDA defines an “eligible person” as a person who is directly and adversely affected by a decision made under an energy resource enactment.
The AER found that Mr. Brown was not an eligible person under REDA on the basis that he was not directly and adversely affected by the Decision.
Concerns Raised
Mr. Brown raised concerns of potential impacts to his lands due to well location, flaring, noise, and traffic.
The AER found that Mr. Brown was not directly and adversely affected by the Decision, based on Whitecap’s compliance with regulatory requirements, including:
(a) with respect to the well locations, that Whitecap would comply with the requirements for setbacks and notification set out in Directive 056: Energy Development Applications and Schedules;
(b) with respect to the flaring concerns, that Whitecap would comply with Directive 060: Upstream Petroleum Industry Flaring, Incinerating, and Venting, while no flaring was expected during normal drilling, and upon completion of the well, flaring would only be required at intermittent stages; and
(c) regarding noise concerns, that Whitecap would comply with the applicable permissible sound level and requirements in Directive 038: Noise Control.
Summary
The AER found that Mr. Brown was not directly and adversely affected by the Decision and, as a result, that Mr. Brown was not an eligible person. The AER, therefore, dismissed Mr. Brown’s request for regulatory appeal.
