Request for Regulatory Appeal – Pipeline Licence – Granted
In this decision, the AER considered Michael Judd’s request under section 38 of the Responsible Energy Development Act (“REDA”) for a regulatory appeal of the AER’s decision to approve and issue to Shell Canada Corporation (“Shell”) Pipeline Licence No. PL23800-99 (the “Pipeline Licence”).
The AER granted Mr. Judd’s request for Regulatory Appeal of the Pipeline Licence, based on its finding that Mr. Judd was an “eligible person” to request a regulatory appeal under section 38 of the REDA.
Legislative Scheme
Section 38(1) of REDA provides:
38(1) An eligible person may request a regulatory appeal of an appealable decision by filing a request for a regulatory appeal with the Regulator in accordance with the rules. [Emphasis added.]
The test has three components:
(a) the request must be filed in accordance with the Alberta Energy Regulator Rules of Practice (the “Rules”);
(b) the decision must be an appealable decision; and
(c) the requester must be an eligible person.
Reasons for Decision
The AER found that:
(a) Mr. Judd’s request for regulatory appeal was filed in accordance with the Rules; and
(b) the decision to issue the Pipeline Licence was an appealable decision since it was a decision under the Pipeline Act, which is an energy resource enactment, and it was made without a hearing.
Eligible Person
For energy resource enactment decisions, an eligible person is a person who is directly and adversely affected by a decision made under an energy resource enactment without a hearing (REDA, section 36(b)(ii)).
The key question then was whether Mr. Judd was a person who may be directly and adversely affected by the decision to issue the Pipeline Licence.
The AER noted that the Pipeline Licence was for a 638 metre, new build pipeline (the “Pipeline”). The Pipeline would carry gas with 320 mol/kmol H2S. Mr. Judd’s residence was located approximately 1.45 km from the Pipeline right-of-way.
Based on the proximity to the Pipeline, the AER found that Mr. Judd was a person who may be directly and adversely affected by the decision to issue the Pipeline Licence. Therefore, Mr. Judd was an eligible person for under REDA.
Summary
The AER found that Mr. Judd was an eligible person as required by the test set out in section 38(1) of the REDA in respect of the decision to issue the Pipeline Licence. Therefore, the AER granted the request for regulatory appeal.
