Link to Bulletin Summarized Download Summary in PDF Oil and Gas – Abandonment The Government of Alberta approved a levy of $135 million to fund the Orphan Well Association’s (“OWA”) operating budget for the fiscal year 2024/25. As a result, the AER prescribed an...
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These articles by our expert team cover the details of various decisions made by the Alberta Energy Regulator (AER), Alberta Utilities Commision (AUC), and Canada Energy Regulator (CER). Browse our searchable archive below to learn more about the results we’ve achieved for our clients.
2024/25 AER Administration Fees (Industry Levy), AER Bulletin 2024-07
Link to Bulletin Summarized Download Summary in PDF Oil and Gas – Revenue Requirement For 2024/25, the Government of Alberta approved a revenue requirement of $225.2 million to support the AER’s operations. The AER published the administration fees allocated according...
New and Enhanced Functionality Moving to OneStop, AER Bulletin 2024-06
Link to Bulletin Summarized Download Summary in PDF Applications - Process The AER announced new functionality and enhancements to its OneStop platform. The AER will post notice and schedule a system outage to implement these changes. The changes relate to the...
Site Reduction Reclamation Certificate Pilot, AER Bulletin 2024-05
Link to Bulletin Summarized Download Summary in PDF Facilities – Partial Reclamation In December 2023, Alberta Environment and Protected Areas (“AEPA”) announced the Interim directive: pilot for site reductions on well sites (Land Policy, 2023, No.2), regarding a...
Pilot for Reclaiming Peatlands, AER Bulletin 2024-04
Link to Bulletin Summarized Download Summary in PDF Oil and Gas – Land Reclamation On December 14, 2023, Alberta Environment and Protected Areas (“AEPA”) released the Interim directive: pilot for reclaiming peatlands - decision framework and support tools for...
Regulatory Appeals of AER Orders (Regulatory Appeals 1943516 and 1943521), Decision 2024 ABAER 001 (Redacted)
Link to Decision Summarized Oil and Gas – Regulatory Appeal Application This decision dealt with the regulatory appeal by AlphaBow Energy Ltd. (“AlphaBow”) of two orders issued by the AER’s Closure and Liability Management branch (“CLM”). CLM issued the first order on...
Release of the Rock-Hosted Mineral Resource Development Rules and Directive 091: Rock-Hosted Mineral Resource Development, AER Bulletin 2024-03
Link to Decision Summarized Oil and Gas – Development Rules The AER released Directive 091: Rock-Hosted Mineral Resource Development as part of the regulatory framework for rock-hosted mineral resource development. Directive 091 will come into effect once the...
Inuvialuit Energy Security Project Ltd. Application for a Well Approval in Relation to the TUK M-18 Well Pursuant to Subsection 10(1) of the Northwest Territories’ Oil and Gas Drilling and Productions Regulations, CER Letter Decision A8W4J5 (C28481-1)
Link to Decision Summarized Oil and Gas - Facilities Application ATCO Pipelines (“AP”) requested approval of the 2024 revenue requirement of $362,852,000 on an interim and refundable basis. Decision The AUC approved AP’s 2024 interim revenue requirement of...
Directive 026 Rescinded, AER Bulletin 2024-02
Link to Decision Summarized Oil – Facilities To eliminate duplicative or obsolete requirements, the AER rescinded Directive 026: Setback Requirements for Oil Effluent Pipelines (“Directive 026”), effective immediately. The AER also rescinded the Directive 026 related...
New Edition of Directive 023, AER Bulletin 2024-01
Link to Decision Summarized Oil - Facilities On February 8, 2024, the Alberta Energy Regulator (“AER”) released a new edition of Directive 023: Oil Sands Project Applications (“Directive 023”), effective immediately. Directive 023 replaced the May 2013 draft edition....
Trans Mountain Pipeline ULC Trans Mountain Expansion Project Certificate of Public Convenience and Necessity OC-065 Application for Variance and Condition Relief under the Certificate Mountain 3 Horizontal Directional Drill, CER Reasons for Decision (C28265-3; A8W1D0)
Link to Decision Summarized Gas - Facilities Application Trans Mountain Pipeline ULC (“Trans Mountain”), pursuant to s 190 of the Canadian Energy Regulator Act , submitted an application to vary (“Application”) Schedule A of Certificate of Public Convenience and...
Green Block Mining Corp. Decision on Application for Review and Variance of Decision 26379-D05-2023 Settlement Agreement with Green Block Mining Corp., formerly Link Global Technologies Inc., AUC Decision 28792-D01-2024
Link to Decision Summarized Review and Variance – Administrative Penalty Application Green Block Mining Corp. (“Green Block”) requested a 30-day extension for payment of the penalty ordered in Decision 26379-D05-2023, which directed payment of an administrative...
ATCO Pipelines 2024 Interim Revenue Requirement Application, AUC Decision 28764-D01-2024
Link to Decision Summarized Rates – Revenue Requirement Application ATCO Pipelines (“AP”) requested approval of the 2024 revenue requirement of $362,852,000 on an interim and refundable basis. Decision The AUC approved AP’s 2024 interim revenue requirement of...
PGI Processing ULC Power Plant Application for Kybob #3 South Gas Plant, AUC Decision 28337-D01-2024
Link to Decision Summarized Gas – Facilities Application PGI Processing ULC (“PGI”) applied for approval to construct and operate a new 33-megawatt cogeneration power plant within the fenceline of the existing Kaybob #3 South Gas Plant (the “K3 Plant”) near Fox Creek,...
ATCO Gas and Pipelines Ltd Cloverbar Hydrogen Lateral Transmission Pipeline Project, AUC Decision 28555-D01-2024
Link to Decision Summarized Gas - Facilities Application ATCO Gas and Pipelines Ltd (“ATCO”) applied for approval to construct and operate 1.4 kilometers of new 219.1-millimeter high-pressure natural gas pipeline and related above-ground facilities (the “Project”)...
Trans Mountain Pipeline ULC on Behalf of Trans Mountain Pipeline L.P. Application for Approval of Firm Service Recontracting, CER Letter Decision A8V4K7
Link to Decision Summarized Oil – Rates Application Trans Mountain Pipeline ULC (“Trans Mountain”) applied for approval of firm service recontracting for 47,500 barrels per day (“bpd”) of capacity to the Westridge Marine Terminal for a period ending after six months...
Trans Mountain Pipeline ULC Trans Mountain Expansion Project Application Pursuant to Subsection 69(1) of the Canadian Energy Regulator Act Mountain 3 Horizontal Directional Drill Variance Application, CER Reasons for Decision
Link to Decision Summarized Oil and Gas - Facilities Application Trans Mountain Pipeline ULC (“Trans Mountain”) filed an application requesting a variance of Certificate of Public Convenience and Necessity OC-065 (the “Certificate”). The variance involved a change to...
Trans-Northern Pipelines Inc. Application for Approval of the Incentive Tolls Settlement Agreement, CER Reasons for Decision RH-001-2023
Link to Decision Summarized Gas - Tolls Application Trans-Northern Pipelines Inc. (“TNPI”) filed an application requesting approval of the Incentive Tolls Settlement Agreement (“ITSA”), including: the framework for establishing TNPI’s revenue requirement and tolls set...
ATCO Gas, a Division of ATCO Gas and Pipelines Ltd. 2024 Interim Performance-Based Regulation Rate Adjustment, AUC Decision 28569-D01-2023
Link to Decision Summarized Gas - Rates Application ATCO Gas, a division of ATCO Gas and Pipelines Ltd. (“ATCO Gas”) submitted for approval its third-generation performance-based regulation (“PBR3”) plan compliance filing and 2024 PBR annual rate adjustment...
New Edition of Manual 023, AER Bulletin 2023-44
Link to Decision Summarized Oil and Gas - Facilities The AER released a new edition of Manual 023 Licensee Life-Cycle Management that includes clarifications based on feedback received as part of the ongoing implementation of the Government of Alberta’s Liability...
Enforcement Staff of the AUC Allegations Against Energy Sustain Service Ltd. and Zong Tang, Phase 1, AUC Decision 28170-D01-2023
Link to Decision Summarized Facilities - Approval Requirement Application Enforcement staff of the AUC (“Enforcement Staff”), following an investigation prompted by a noise complaint, filed an application with the AUC alleging that Energy Sustain Service Ltd. (“ESS”)...
ATCO Gas, a Division of ATCO Gas and Pipelines Ltd.2024 Transmission Service Charge (Rider T), Decision 28582-D01-2023
Link to Decision Summarized Rates - Transmission Costs Application ATCO Gas, a division of ATCO Gas and Pipelines Ltd. (“ATCO Gas”), requested approval of Rider T, which collects forecast transmission costs based on flow-through rates charged by NOVA Gas Transmission...
Change to Survey Plan Requirements for Public Lands Act, AER Bulletin 2023-42
Link to Decision Summarized Rules – Survey Plan Requirements The Alberta Forestry and Parks has revised the Public Lands Administration Regulation Table A2: Alberta Energy Regulator (“PLAR”) replacing the requirement for a survey plan for many dispositions with a...
Apex Utilities Inc. Drumheller High Pressure Pipeline Project, AUC Decision 28498-D01-2023
Link to Decision Summarized Gas - Facilities Application Apex Utilities Inc. (“AUI”) applied for approval to install the Drumheller High Pressure Pipeline Project, consisting of approximately 1,040 meters (“m”) of new 114.3-millimeter (“mm”) natural gas pipeline as...
Release of New Pipeline Rules and Associated Instruments, AER Bulletin 2023-40
Link to Decision Summarized Oil and Gas - law On November 15, 2023, the AER released a new edition of the Pipeline Rules, which came in force on the same day. The amended Pipeline Rules: allow the use of temporary surface pipelines for water conveyance in support of...
Temporary Pause on New Pipeline Applications, AER Bulletin 2023-38
Link to Decision Summarized Oil and Gas - Pipelines The AER temporarily paused new pipeline application submissions through OneStop from November 6, 2023, to November 16, 2023, in response to the new Pipeline Rules release scheduled for November 15, 2023. The...
Reclamation Liability Reduction Program Being Developed, AER Bulletin 2023-37
Link to Decision Summarized Oil and Gas – Facilities The AER is implementing a reclamation liability reduction program (the “Program”), with an anticipated release in the spring of 2024. The Program is intended to allow licensees to request a temporary reduction of...
Invitation for Feedback on Proposed New Requirements for Rock-Hosted Mineral Resource Development, AER Bulletin 2023-36
Link to Decision Summarized Minerals – Development The AER sought feedback on its proposed new Draft Directive: Rock-Hosted Mineral Resource Development (“Draft Directive”). The Draft Directive sets out the industry's requirements for rock-hosted mineral resource...
Enforcement Staff of the Alberta Utilities Commission Settlement Agreement with Persist Oil & Gas Inc., AUC Decision 28370-D01-2023
Link to Decision Summarized Market - Enforcement Application Enforcement staff of the AUC (“Enforcement Staff”) applied to the AUC for approval of a settlement agreement between Enforcement Staff and Persist Oil & Gas Inc. (“Persist”) related to a contravention...
Mandatory Closure Spend Quotas for 2024, AER Bulletin 2023-35
Link to Decision Summarized Oil and Gas - Supplemental Closure Spending Licensees must spend a minimum amount annually on abandoning, remediating and reclaiming their inactive oil and gas sites. In Bulletin 2023-31: Industry-Wide Closure Spend Requirement for 2024,...
Validating Facility Operational Life-Cycle Statuses, AER Bulletin 2023-34
Link to Decision Summarized Oil and Gas - Facilities The AER announced that it would contact applicable licensees by email to validate the operational life-cycle status of their facilities, as an one-time supplemental data request. Additional information is required...
Consultation on Proposed Amendments to AUC Rule 016, AUC Bulletin 2023-07
Link to Decision Summarized Rules - Applications for Review The AUC proposed amendments to Rule 016: Review of Commission Decisions as part of the ongoing review of its case management procedures and its objective of improving the transparency, clarity and simplicity...
Reminder of Increased Risk During Migratory Bird Season, AER Bulletin 2023-33
Link to Decision Summarized Oil and Gas - Environment On September 7, 2023, the AER reminded licensees of the beginning of the migratory bird season in Alberta and their responsibility to follow waterfowl protection plans to protect migratory bird populations....
New Edition of Directive 020, AER Bulletin 2023-32
Link to Decision Summarized Oil and Gas - Well Abandonment On September 5, 2023, the Alberta Energy Regulator (“AER”) released a new edition of Directive 020: Well Abandonment (“Directive 020”), which sets out the requirements for routine abandonment of wells...
AlphaBow Energy Ltd. v Alberta Energy Regulator, 2023 ABCA 239
Link to Decision Summarized Reasonable Care and Measures Order - Appeal Application AlphaBow Energy Ltd. (“AlphaBow”) applied to the Alberta Court of Appeal (“ABCA”) for permission to appeal a suspension order issued by the Alberta Energy Regulator (“AER”) on June 5,...
Industry-Wide Closure Spend Requirement for 2024, AER Bulletin 2023-31
Link to Bulletin Summarized Oil and Gas - Facilities The AER implemented an inventory reduction program described in Directive 088: Licensee Life-Cycle Management under the Government of Alberta’s Liability Management Framework, which involves setting an industry-wide...
MGM Energy Corp. Application for an Operations Authorization – Shut In Well Inspections, MGM Wells, Mackenzie Delta Area, CER Authorization Approval: OA-1202-001 Letter Decision
Link to Decision Summarized Oil and Gas - Facilities Application MGM Energy Corp. (“MGM”) applied for an authorization to inspect ten wells and four associated drilling sumps (the “Application”) in the Mackenzie Delta, within the Inuvialuit Settlement Region,...
Increasing Number of Incidents of Pipeline Contact Damage During Ground Disturbance, AER Bulletin 2023-30
Link to Bulletin Summarized Oil and Gas - Facilities The AER noted a 69% increase in the number of pipeline incidents related to contact damage during ground disturbance (26 incidents in 2020 to 44 incidents in 2022) over the past three years. The AER was particularly...
Inuvialuit Energy Security Project Ltd. – Application for Authorization for Well Workover, CER Approval OA-1414-002 Reasons for Decision
Link to Decision Summarized Oil and Gas - Facilities Application By a letter decision issued on June 28, 2023, the CER approved Inuvialuit Energy Security Project Ltd. (“IESPL”) well workover application (the “WW Application”) for the Inuvialuit Energy Security...
Inuvialuit Energy Security Project – Application for Authorization for Early Site Works, CER Reasons for Decision Approval OA-1414-001
Link to Decision Summarized Oil and Gas - Facilities Application By a letter decision issued on June 28, 2023, the CER approved an application from Inuvialuit Energy Security Project Ltd. (“IESPL”) for authorization for early site works (the “ESW Application”) for the...
Shell Canada Limited v Alberta (Energy), 2023 ABCA 230
Link to Decision Summarized Oil – Judicial Review/Appeal Appeal This was an appeal by the Alberta Minister of Energy (“Minister” or “Appellant”) from an Alberta Court of King’s Bench order on judicial review. The judicial review judge quashed the Minister’s screening...
Review and Variance Application of TransCanada Keystone Pipeline GP Ltd. Concerning the Commission of the Canada Energy Regulator Decision in the RH-005-2020 Hearing, CER Letter Decision
Link to Decision Summarized Facilities - Industrial System Designation Application TransCanada Keystone Pipeline GP Ltd (“Keystone”) filed an application seeking a review and variance of the CER decision for Phase 1 of the RH-005-2020 (“Decision”) proceeding (the...
File Changes for Brine Hosted Minerals, AER Bulletin 2023-28
Link to Bulletin Summarized Minerals – Resource Development The AER updated its Digital Data Submission system to enable the collection, in the pressure ASCII standard (PAS) file, of the data required to be submitted by licensees pursuant to requirement 79 of...
New Edition of Directive 001, AER Bulletin 2023-27
Link to Bulletin Summarized Oil and Gas - Geothermal Resources On July 4, 2023, the Alberta Energy Regulator released a new edition of Directive 001: Requirements for Site-Specific Liability Assessment, which includes the following changes: Removal of irrelevant or...
Tidewater Midstream and Infrastructure Brazeau Cogeneration Plant and Industrial System Designation, AUC Decision 27616-D01-2023
Link to Decision Summarized Facilities - Industrial System Designation Application Tidewater Midstream and Infrastructure Ltd. (“Tidewater”) applied for approval to construct and operate the 16.5-megawatt (“MW”) natural gas-fired Brazeau Cogeneration Plant (the “Power...
Inuvialuit Energy Security Project Ltd. Application to Amend a Development Plan for the Inuvialuit Energy Security Project Subject to Hearing Order MH-002-2022, CER Filing A8R2U7
Link to Decision Summarized Oil/Gas – Amendment Application Application On March 8, 2022, the CER approved the development plan for the proposed Inuvialuit Energy Security Project (the “IESP”). Subsequently, Inuvialuit Energy Security Project Ltd. (“IESPL”) provided,...
Xenotime Energy Inc. Application for Pooling Order, 2023 ABAER 003
Link to Decision Summarized Oil - Unit to Produce Oil Application Xenotime Energy Inc. (“Xenotime”) applied for a compulsory pooling order prescribing that all tracts within the drilling spacing unit in the northwest quarter of Section 15, Township 50, Range 4, West...
Invitation for Feedback on Revisions to Directive 020, AER Bulletin 2023-26
Link to Bulletin Summarized Oil - Well Abandonment The AER sought feedback on updates to Directive 020: Well Abandonment. Changes were proposed to section 5.4, which would amend the requirements for the abandonment of cased-hole wells penetrating an oil sands zone....
TransAlta Corporation v Alberta Energy Regulator, 2023 ABCA 172
Link to Decision Summarized Oil/Gas - Water – Permission to Appeal Application TransAlta Corporation (“TransAlta”) brought three applications for permission to appeal decisions of the Alberta Energy Regulator (“AER”). Decision The two applications for permission to...
ATCO Gas and Pipelines Ltd. Franchise Agreement Renewal with the City of Cold Lake, AUC Decision 28210-D01-2023
Link to Decision Summarized Rates - Franchise Agreement Application ATCO Gas and Pipelines Ltd. (“ATCO Gas”) applied for approval of a natural gas franchise agreement (the “Agreement”), including a franchise fee of 13 percent, with the City of Cold Lake for 10 years...