Regulatory Appeal Request – Pipeline Licence Transfer
In this decision, the AER considered Ember Resources Inc.’s (“Ember”) request under section 38 of the Responsible Energy Development Act (“REDA”) for a stay and a regulatory appeal of the AER’s decision to approve the transfer of certain pipeline licences (the “Transfer Decision”) from Encana Corporation (“Encana”) to Manitok Energy Inc. (“Manitok”).
The AER found that Ember was not eligible to request a regulatory appeal and therefore dismissed its request.
Reasons
The AER found that:
(a) the appropriate forum for legal interpretation and enforcement of private agreements is the Alberta courts unless such interpretation is required by the AER to meet its mandates under its legislation;
(b) Ember’s concerns related to a private agreement between the parties; and
(c) Ember had not shown a potential breach of an AER requirement that would require determination of the private agreement, and therefore the AER is not the appropriate forum for such a legal determination.
The AER concluded that Ember was not directly and adversely affected by the Transfer Decision and dismissed its request for regulatory appeal.
