Decision 2013-14
https://had.aer.ca/link/decision4511
- Applicant
- Dover Operating Corp.
- Application Number
- 1673682
- Title
- Decision 2013-014 : Dover Operating Corp.: Application for bitumen recovery scheme Athabasca oil sands area
- Date
- 2013
- Title
- Decision 2013-014 : Dover Operating Corp.: Application for bitumen recovery scheme Athabasca oil sands area
- Date
- 2013
- Applicant
- Dover Operating Corp.
- Application Number
- 1673682
- Hearing Panel
- Engen TC
- McManus RC
- Eynon G
- Hearing Type
- Board
- Category
- Land use
- Gas/Bitumen
- Sulphur
- Descriptors
- Law and legislation
- Oil Sands Conservation Act
- Oil sands
- Environment protection - citizen participation
- Environment protection - Law and Legislation
- Recovery
- Environmental impact assessment
- Wildlife
- Athabasca area
- Reclamation
- Sulphur recovery
- Emission
- Air quality
- Land use
- Economic analysis
- Transportation
- Development
- Legal References
- Responsible Energy Development Act (REDA)
- Energy Resources Conservation Act
- Oil Sands Conservation Act
- Transition Regulation
- Energy Resources Conservation Act S3
- Energy Resources Conservation Act S10(3)
- REDA General Regulation D3
- Responsible Energy Development Act (REDA) D15
- Environmental Protection and Enhancement Act S53
- Canadian Environmental Assessment Act
- Oil and Gas Conservation Act S10
- Water Act
- Constitution Act S91(24)
- Indian Act
- Natural Resources Transfer Agreement
- Administrative Procedures and Jurisdiction Act S12
- Responsible Energy Development Act (REDA) D2
- Oil Sands Conservation Act S10
- Oil Sands Conservation Act S3
- Decision Makers Regulation
- Responsible Energy Development Act D20
- Responsible Energy Development Act D21
- Alberta Land Stewardship Act
- Notes
- Change to legal citation effective January 2011
- Dover Operating Corp. has changed its name to Brion Energy Corporation.
- Interveners
- Fort McKay First Nation
- Fort McKay Metis Community Association
- Regional Municipality of Wood Buffalo
- Approval
- Approved with conditions
- Conditions
- Conditions generally are requirements in addition to or otherwise expanding upon existing regulations and guidelines. An applicant must comply with conditions or it is in breach of its approval and subject to enforcement action by the AER. Enforcement of an approval includes enforcement of the conditions attached to that licence. Sanctions imposed for the breach of such conditions can include the suspension of the approval, resulting in the shut-in of a facility. The conditions imposed on the licence are summarized below. The Panel notes that Dover has made certain promises and commitments (collectively referred to as commitments) to parties involving activities or operations that are not strictly required under AER requirements. These commitments are separate arrangements between the parties and do not constitute conditions of the AER’s approval of the application. The commitments that have been given some weight by the Panel are summarized below. The Panel expects the applicant to comply with commitments made to all parties. However, while the Panel has considered these commitments in arriving at its decision, the Panel cannot enforce them. If the applicant does not comply with commitments made, affected parties can request a review of the original approval. At that time, the AER will assess whether the circumstances of any failed commitment warrant a review of the original approval. CONDITIONS The Panel notes the following commitments made by Dover, which the Panel has decided to make conditions of the approval [see paragraph 131]:
- Plant-wide fugitive emissions will be identified and controlled using the protocol recommended by the Environmental Code of Practice for the Measurement and Control of Fugitive Emissions from Equipment Leaks (Canadian Council of Ministers of the Environment, 1993).
- A leak detection and repair system will be implemented.
- A program will be developed and implemented to detect and repair leaks, and that program must meet or exceed the CAPP Best Management Practice for Fugitive Emissions Management.
- A low oxides of nitrogen emissions technology will be selected as required by the Alberta Interim Emission Guidelines for Oxides of Nitrogen for New Boilers, Heaters and Turbines using Gaseous Fuels for the Oil Sands Region (Alberta Environment, 2007).
- VRU will be used to reduce hydrocarbon emissions.
- There will be no continuous flaring other than of pilot and purge gas.
- Odour indicator species will be continuously monitored.
- A protocol must developed for responding to odours, including investigating the source of the odour, notifying communities near the Project, addressing the odour source, and monitoring to verify that the source of the odour has been addressed. The Panel also requires the following:
- Dover must provide a plan to mitigate SO2 emissions and meet AER Interim Directive 2001-03 on a project-wide basis. The plan must be submitted to the AER for review. [See paragraph 129.]
- The scheme approval must include directional and motion-sensitive lighting at the plant sites, well pads, and associated facilities. [See paragraph 137.] COMMITMENTS BY DOVER
- Dover committed to a coordinated approach to wildlife monitoring in the region and to a deer and wolf management program in collaboration with ESRD and other in situ operators. To reduce effects on caribou habitat, Dover proposed on-site mitigations that reflect standard industry practices, as well as an off-site caribou habitat enhancement program. [See paragraph 72.]
- Dover indicated that it would manage access to its Project at a gate located about 30 km southwest of Fort McKay IR174. Dover noted that there will be control gates at each of its processing plants, but that these plant sites are only small areas of the Project. Dover also committed to restricting access to its operations and prohibiting workers residing in its camp from using all-terrain vehicles for recreational use while on site. [See paragraph 84.]
- Dover committed to accommodating Fort McKay members who wish to access their traditional lands through the Project area. [See paragraph 150.]
- Location
- 00-00-093-16W4
- 00-00-094-17W4
- 00-00-095-17W4
- 00-13-092-15W4