Link to Decision Summarized Rates - Load Balancing Deferral Account Application ATCO Gas, a division of ATCO Gas and Pipelines (“ATCO Gas”), requested approval of Rider L, which recovers the load balancing deferral account (“LBDA”) balance as of January 31, 2023, from...
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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.
Reminder of Migratory Bird Season, AER Bulletin 2023-20
Link to Bulletin Summarized Oil and Gas - Monitoring The AER reminded license holders of the beginning of migratory bird season in Alberta. Licensees must: (i) adhere to their plans to protect migratory bird populations; (ii) ensure that all liquid impoundments that...
New Edition of Directive 067, AER Bulletin 2023-19
Link to Bulletin Summarized Oil and Gas - Financial Submissions A new edition of Directive 067: Eligibility Requirements for Acquiring and Holding Energy Licences and Approvals has been published and is in force as of April 13, 2023. This new edition complements the...
Monitoring for Snowmelt and Overland Flooding, AER Bulletin 2023-18
Link to Bulletin Summarized Oil and Gas - Monitoring The AER cautioned against the hazards of seasonal snowmelt and resultant overland flooding. Specifically, licensees: (i) must physically inspect and assess any sites and equipment that have or may be affected by...
New Functionality Moving to OneStop, AER Bulletin 2023-17
Link to Bulletin Summarized Facilities - Land Dispositions As of April 20, 2023, new cancellation and objection functionality is available in OneStop’s public lands module. If the AER initiates the process to cancel a public lands disposition, OneStop will notify the...
2023/24 Orphan Levy Fund – Licensee Liability Rating and Oilfield Waste Liability Programs, AER Bulletin 2023-16
Link to Bulletin Summarized Oil and Gas - Rates With this bulletin, and in accordance with Part 11 of the Oil and Gas Conservation Act (“OGCA”), the AER prescribed an Orphan Fund Levy in the amount of $135 million. The Government of Alberta approved this levy to fund...
2023/24 AER Administration Fees (Industry Levy), AER Bulletin 2023-15
Link to Bulletin Summarized Revenue Requirement For 2023/24, the Government of Alberta approved a revenue requirement of $217.4 million to support the operations of the AER. 2023/24 Administration Fees (Industry Levy) The 2023/24 Administration Fees payable to the AER...
Invitation to Submit a Nomination to Close Inactive Wells & Facilities, AER Bulletin 2023-14
Link to Bulletin Summarized Facilities - Closures On April 3, 2023, the AER started accepting nominations for eligible individuals and groups to close inactive or abandoned oil and gas wells and facilities as a follow-up to its Bulletin 2023-4: New Editions of...
New Edition of Directive 065, AER Bulletin 2023-12
Link to Bulletin Summarized Oil and Gas - Applications The AER released a new edition of Directive 065: Resources Applications for Oil and Gas Reservoirs (“Directive 065”). The new edition includes references to the Geothermal Resource Developments Rules and the...
Policy Direction Concerning Unpaid Municipal Taxes, AER Bulletin 2023-11
Link to Bulletin SummarizedOil and Gas - MarketsMinisterial Order 043/2023 directed the AER to develop and implement a process that ensures that applicants for a well licence or well licence transfer do not have unpaid municipal taxes above a threshold yet to be...
New Edition of Directive 059 and New Manual, AER Bulletin 2023-10
Link to Bulletin SummarizedFiling Requirements - ConsolidationThe AER released new editions of Directive 059: Well Drilling and Completion Data Filing Requirements (“Directive 059”) and its companion Manual 027: Well Drilling and Completion Data Submission System...
Increased Risk of Wildfire During Drier Seasons, AER Bulletin 2023-08
Link to Bulletin SummarizedOil and Gas - Wildfire PreventionThe wildfire season in Alberta spans from March 1 to October 31. Most oil and gas industry-related fires in Alberta occur between April and June. The AER reminded licensees that the risk of brush/grass fires...
New Functionality Moving to OneStop, AER Bulletin 2023-07
Link to Bulletin SummarizedOil and Gas - Resource DevelopmentThe AER released new functionality and enhancements to its OneStop platform.Form SubmissionsA “Forms” tab was added to OneStop. The tab will be accessible on the landing page as an entry point for general...
Brine-Hosted Mineral Resource Development Rules and Directive 090, AER Bulletin 2023-06
Link to Bulletin SummarizedOil and Gas - Energy DevelopmentThe AER released Directive 090: Brine-Hosted Mineral Resource Development (“Directive 090”) to complete the regulatory framework for brine-hosted mineral resource development. Directive 090 will come into...
Updates to the Licensee Capability Assessment, AER Bulletin 2023-05
Link to Bulletin SummarizedOil and Gas - LicencesThe AER updated its licensee capability assessment (“LCA”) and the underlying technology as announced in Bulletin 2023-04: New Editions of Directive 088 and Manual 023. The updates include:Parameters that use...
ARC Resources Ltd. Cutbank Sour Multiwell Gas Battery Power Plant, AUC Decision 27908-D01-2023
Link to Decision SummarizedNatural Gas - FacilitiesApplicationARC Resources Ltd. (“ARC”) operates the 15-megawatt (“MW”) Cutbank Sour Gas Multiwell Battery (the “Cutbank Battery”), located approximately 64 kilometres south of Grande Prairie.ARC sought AUC approval to...
New Edition of Directive 088 and Manual 023, AER Bulletin 2023-04
Link to Decision SummarizedOil and Gas - LicencesThe AER released a new edition of Directive 088: Licensee Life-Cycle Management (“Directive 088”) and Manual 023: Licensee Life-Cycle Management (“Manual 023”).S 4.2 of Directive 088 now includes requirements for the...
New Edition of Directive 071 and New Manual, AER Bulletin 2023-03
Link to Bulletin SummarizedGeothermal Development - Emergency Response PlansThe AER released a new edition of Directive 071: Emergency Preparedness and Response (“Directive 071”) and created accompanying Manual 026: Emergency Preparedness and Response Guide (“Manual...
New Submission Process for New Well Base Maximum Rate Limitations Applications, Bulletin 2023-02
Link to Bulletin SummarizedGas - FacilitiesThe AER instituted a new submission process for new well base maximum rate limitations applications. As of February 6, 2023, applications must be submitted using the web form available on the AER’s website because email...
New Process and Template for Public Participation for Section 214 Applications
Link to Process SummarizedOil and Gas - Exemption ApplicationsThe CER established a new process and template for public participation in applications filed under s 214 of the Canadian Energy Regulatory Act (“CER Act”). The changes were based on the CER’s commitment to...
Invitation for Feedback on Revisions to Directive 001, AER Bulletin 2023-01
Link to Bulletin SummarizedOil and Gas - FacilitiesThe AER sought feedback on updates to Directive 001: Requirements for Site-Specific Liability Assessment (the “Directive”). In the updates, the AER:Removed irrelevant or duplicative information, updated the references...
ATCO Gas 2023 Cost-of-Service Compliance Filing and 2023 Rates, AUC Decision 27684-D01-2022
Link to Decision SummarizedGas - RatesApplicationIn this decision, the AUC considered whether ATCO Gas complied with all directions issued in Decision 26616-D01-20221 and reviewed ATCO Gas’s resulting 2023 distribution rates.DecisionThe AUC determined that ATCO Gas...
ATCO Gas, a Division of ATCO Gas and Pipelines Ltd. 2023 Transmission Service Charge (Rider T), AUC Decision 27752-D01-2022
Link to Decision SummarizedGas - RatesApplicationATCO Gas, a division of ATCO Gas and Pipelines Ltd. (“ATCO Gas”), filed an application with the AUC requesting approval of an update of its 2023 transmission service charge rider (“Rider T”) rates for 2023, effective...
Hammerhead Resources Inc. Gold Creek Industrial System Designation, AUC Decision 27771-D01-2022
Link to Decision SummarizedFacilities - ElectricityApplicationHammerhead Resources Inc. (“Hammerhead”) owns and operates three oil battery facilities and an associated water storage facility (the “Facilities”) in the Gold Creek area, southeast of the city of Grande...
Invitation for Feedback on Revisions to Directive 088, AER Bulletin 2022-35
Link to Bulletin SummarizedApplications - Closure PlanThe AER proposed updates to Directive 088: Licensee Lifecycle Management (“Directive”) to support the Government of Alberta’s new Liability Management Framework and the rule changes announced in Bulletin 2020-26....
ATCO Gas and Pipelines Ltd. Franchise Agreement with Red Deer County for the Hamlet of Springbrook, AUC Decision 27722-D01-2022
Link to Decision SummarizedGas - Municipal Franchise FeeApplicationATCO Gas and Pipelines Ltd. (“AGP”) applied for approval to establish a natural gas franchise agreement (the “Agreement”) with Red Deer County for the Hamlet of Springbrook. Under the Agreement, AGP...
Pure Environmental Waste Management Ltd. Applications 1614037, 1784753, 1809825, 1928016, 1928017, 1928430, 30602032, 30608918, and 30608934 Hangingstone Project, 2022 ABAER 004
Link to Decision SummarizedFacilities - Oil and GasApplicationPure Environmental Waste Management Ltd. (“Pure”) operates the Hangingstone oilfield waste management project located about 25 kilometres (“km”) south of Fort McMurray in the Regional Municipality of Wood...
New Edition of Directive 065, AER Bulletin 2022-32
Link to Bulletin SummarizedOil and Gas - Resources ApplicationsOn October 19, 2022, the AER released a new edition of Directive 065: Resources Applications for Oil and Gas Reservoirs (“Directive 065”). Sections of Directive 065 have been amended to reflect current...
New Guidance on Applications Under the Water Conservation Policy for Upstream Oil and Gas Operations, AER Bulletin 2022-31
Link to Bulletin SummarizedOil and Gas Facilities – Water ConservationOn October 11, 2022, the AER released Manual 025: Applications Under the Water Conservation Policy for Upstream Oil and Gas Operations. The purpose of this manual is to assist operators in applying...
New Edition Directive 068, AER Bulletin 2022-30
Link to Bulletin SummarizedSecurity DepositsOn October 3, 2022, the AER released a new edition of Directive 068: Security Deposits (“Directive 068”). The new edition includes administrative updates that reflect the shift from the Energy Resources Compensation Board to...
Kingston Midstream and Secure Energy Joint Submission on Disposition of Kingston’s Review Application and Order MO-020-2021, CER Letter Decision
Link to Decision SummarizedFacilities – Amendment Order – Discontinuation of ReviewApplicationIn a previous decision, the CER found Kingston Midstream Westspur Limited (“Kingston”) to be in breach of common carrier obligations. Kingston was ordered to provide new...
Invitation for Feedback on Proposed New Requirements for Brine-Hosted Mineral Resource Development and Directive 056, AER Bulletin 2022-28
Link to Bulletin SummarizedBrine-Hosted Mineral ResourcesThe AER sought feedback on a new Draft Directive: Brine-Hosted Mineral Resource Development. The draft directive is proposed in response to Bill 82: Mineral Resource Development Act, which provides the AER with...
ATCO Gas and Pipelines Ltd. 2022 Unaccounted-For Gas Rider D and Rider P, AUC Decision 27583-D01-2022
Link to Decision SummarizedGas - RatesApplicationATCO Gas and Pipelines Ltd. (“ATCO Gas”) filed an application with the AUC requesting approval of its 2022-2023 unaccounted-for gas (“UFG”) Rider D and Rider P, effective November 1, 2022. ATCO Gas calculated Rider D to...
ATCO Gas and Pipelines Ltd. Disposition of Land Parcel 6090JK;2, AUC Decision 27580-D01-2022
Link to Decision SummarizedApproval - Sale of Land ParcelApplicationATCO Gas and Pipelines Ltd. (“AGPL”) filed an application with the AUC requesting the AUC to either approve the disposition of a parcel of land under s. 26 of the Gas Utilities Act or confirm that s....
Apex Utilities Inc. 2022-2023 Unaccounted-For Gas Rider E and Rider H, AUC Decision 27552-D01-2022
Link to Decision SummarizedGas - RatesApplicationApex Utilities Inc. (“Apex”) applied for approval of its 2022-2023 unaccounted-for gas (“UFG”) Rider E and Rider H, effective November 1, 2022. Apex calculated Rider E to increase from the currently approved value of...
Hydrogen Inquiry Final Report, AUC Proceedings 27256
Link to Report SummarizedHydrogenThe Government of Alberta issued an Order-in-Council 70/2022 directing the AUC to inquire into and report to the Minister of Energy on matters relating to hydrogen blending into natural gas distribution systems. The Hydrogen Inquiry...
New Edition of Manual 002: Drilling Waste Inspections, AER Bulletin 2022-27
Link to Bulletin SummarizedDrilling Waste InspectionsOn September 6, 2022, the AER released a new Manual 002: Drilling Waste Inspections (“Manual 002”), replacing the 2012 edition. Manual 2 is divided into six sections: Notification and Approvals; Storage; Cement...
Trans Mountain Pipeline ULC (Trans Mountain) Application for Approval of 2021 Depreciation Study Technical Update, Letter Decision A8G2J1
Link to Decision SummarizedFacilities – Oil Pipeline - Depreciation Calculation – Future Capital ExpenditureApplicationOn 27 April 2020, the CER issued a Letter Decision and Toll Order approving Trans Mountain Pipeline ULC (“Trans Mountain”)’s application for approval...
New Edition of Manual 001: Facility and Well Site Inspections, AER Bulletin 2022-26
Link to Bulletin SummarizedFacility and Well Site InspectionsOn August 16, 2022, the AER released a new edition of Manual 001: Facility and Well Site Inspections (“Manual 001”), replacing the 2010 edition. Manual 001 is a reference document for AER staff conducting...
TriSummit Utilities Inc. Application for Approval Under Section 26 of the Gas Utilities Act, AUC Decision 27481-D01-2022
Link to Decision SummarizedSection 26 Gas Utilities Act – No-harm TestApplicationA newly formed, indirect, wholly-owned American organized subsidiary of TriSummit Utilities Inc. (“TSU”), Alaska Utility Holdings Inc., entered into an agreement to purchase utility...
Geothermal Resource Development Rules and Directive 089: Geothermal Resource Development, AER Bulletin 2022-25
Link to Bulletin SummarizedGeothermal ResourcesThe Geothermal Resource Development Act provides the AER with the authority to regulate the safe, efficient, and responsible development of Alberta’s geothermal resources. The Geothermal Resource Development Rules (the...
ATCO Salt Cavern Working Gas Deferral Account Disposition, Finalization of 2021-2023 Revenue Requirement for Acquisition of the Pioneer Pipeline in Decision 27053-D01-2022, AUC Decision 27450-D01-2022
Link to Decision SummarizedGas Facilities- Deferral Account DispositionApplicationsThis decision considers two applications by ATCO Pipelines (“AP”), a division of ATCO Gas and Pipelines Ltd.In the first application, AP proposed to settle its Salt Cavern working gas...
ATCO Gas, a Division of ATCO Gas and Pipelines Ltd. 2022 Load Balancing Deferral Account Rider L, AUC Decision 27451-D01-2022
Link to Decision SummarizedGas - RatesApplicationIn Decision 2014-268, the AUC approved ATCO Gas, a division of ATCO Gas and Pipelines Ltd.’s load balancing methodology for a single province-wide load balancing deferral account (“LBDA”). Load balancing is part of the...
ATCO Gas and Pipelines Ltd. Lethbridge East Lateral Pipeline, AUC Decision 27102-D01-2022
Link to Decision SummarizedGas - FacilitiesApplicationATCO Gas and Pipelines Ltd. (“AGP”) applied for permission to install approximately 9.4 km of new 219.1-millimeter natural gas pipeline in Lethbridge County, to replace a section of the existing Lethbridge East...
Invitation for Feedback on Revisions to Draft Directive 077, AER Bulletin 2022-24
Link to Bulletin SummarizedOil and Gas - FacilitiesThe AER requested feedback on updates to Directive 077: Pipelines – Requirements and Reference Tools. The draft directive is available on the AER website.The main proposed changes to Directive 077 are:the inclusion of...
Mandatory Closure Spend Target Set for 2023, AER Bulletin 2022-23
Link to Bulletin SummarizedOil and Gas - FacilitiesUnder the Government of Alberta’s new Liability Management Framework, the AER has implemented an Inventory Reduction Program (described in Directive 088: Licensee Life-Cycle Management), which involves setting...
Invitation for Feedback on Revisions to Draft Directive 023, AER Bulletin 2022-22
Link to Bulletin SummarizedOil and GasThe AER announced that it is seeking feedback on the proposed updates to Directive 023: Oil Sands Project Applications. In the changes to the draft, the AER:removed duplicate requirements in other directives (e.g., Directive 085:...
AltaGas LPG General Partner Inc., on Behalf of AltaGas LPG Limited Partnership Application for a Licence to Export Butane, CER Letter Decision A8E7K4
Link to Decision SummarizedOil and GasApplicationIn this decision, the CER issued a 25-year licence to export butane to AltaGas LPG Limited Partnership (“AltaGas”) pursuant to s. 344 of the Canadian Energy Regulator Act (“CER Act”).DecisionThe CER recognized that not...
CNOOC Petroleum North America ULC Long Lake Industrial System Designation Amendment, AUC Decision 27279-D01-2022
Link to Decision SummarizedFacilities - Industrial System DesignationApplicationChina National Offshore Oil Corporation (“CNOOC”) Petroleum North America ULC (“CPNA”) and CNOOC Canada Energy Ltd. hold Order 25113-D02-2020,1 designating the Long Lake Project Industrial...
Whitecap Resources Inc. Regulatory Appeal of Reclamation Certificate 382273, 2022 ABAER 002
Link to Decision SummarizedOil and Gas - FacilitiesApplicationOn July 18, 2019, the AER approved a reclamation certificate application from Whitecap Resources Inc. (“Whitecap”). Reclamation Certificate 382273 (the “Reclamation Certificate”) was consequently issued....