Concern process falls short

Times Contributor     

 

The Alberta Energy Regulators (AER) Statement of Concern process gives stakeholders a way to vent and engage in a passive listening exercise, but it lacks the clout that affected landholders were hoping would occur with the new regulator.

In an article appearing on Global TV’s website, Ian Jackson/Canadian Press reported this comment from Nathan Lemphers of the Pembina Institute, an environmental advocacy group specializing in energy policy.

“Having the regulations in place on paper is one thing; actually enforcing them and having them improve outcomes and prevent pipeline spills is another.” 

The 2012-2013 Annual Alberta Energy report showed 3.6 per cent of field inspections were in high-risk regulatory noncompliance. In 2012, there were 12,481 initial inspections; 447 were found to be high-risk noncompliant, with 174 reports relating to pipelines.

The www.energy.alberta.ca/Initiatives/RegulatoryEnhancement.asp  website states: The legislation allows all Albertans who believe they are directly and adversely affected may provide a notice of concern directly to the regulator. This happens before any decisions are made, which is an important aspect to note. The regulator will have the best information possible, before any decisions are made and before hearings are held.

However, an AER presentation www.aer.ca and department handout, left by an AER representative in Wheatland Council on Jan. 2, seems to indicate otherwise. It outlined that concerns received may not be reviewed immediately, may not be applied to the well application before it is actually approved and well activity commences, or may be thrown out completely.

“All concerns will be reviewed but may not necessarily go to hearings,” said the AER Engagement Advisor Paula Kersch. 

Considering the AER website defines a complaint as any notification from a stakeholder regarding an operation, site, or facility (under the jurisdiction of the AER) that the stakeholder believes is causing, has caused, or may cause an adverse impact to public safety, the environment, or personal property; logic would hold that such negative impacts should be considered before the well application is approved and serious money is spent.   

According to the AER handout, only written complaints from stakeholders will be accepted and they will be placed online for the public to see. The online form details specific information. Without the requested information AER may disregard the complaint. They discourage any opinions, personal, financial, medical, psychological, or illness references in the application, which was qualified because it is available for public viewing. Representatives said concerns can be submitted anytime but they may have delayed reviews. On expedited well applications, there is a 30-day window for filing concerns, so the well may go ahead before any concerns are reviewed.

If registered concerns fail to demonstrate the person is directly or adversely impacted, aren’t filed within the timeline, are unrelated to the specific application, relate to an application that has already been made, or relate to a policy decision outside their mandate, they won’t consider applying the concerns to the application. 

Information does say that the AER may suggest the company mediate concerns or facilitate discussion as an alternate solution, even if the concerns meet all the criteria. It may never reach a need for a hearing.

There is a puzzling section where landowners can object to actions they suspect will affect them by any resource development before an application for a well occurs. The concerns can then be linked to any applicable or related application for resource development that might happen in the area. The registered concerns are held for up to one year. 

However, AER requests the applicant also forward their concerns to the specific companies that might be considering development, but haven’t made applications for wells. It doesn’t list who they are or how you know they might be interested. You may need to contact AER for clarification, at inquiries@aer.ca or call 1-855-297-8311.

New regulations and conscientious actions by resource businesses may improve situations and eliminate the need for complaint provisions in the future. 

If landowners have already signed an agreement, the AER has implemented a new Private Surface Agreement (PSA) registry. It is implemented and managed by the AER and by having a list of contracts; they consider it will make resource companies little more accountable. 

Landowners register their agreements online, which the department says helps provide additional support should issues arise that need to be resolved. The PSA’s can be filed online, where you will find the online form. It can be submitted to bos.admin@aer.ca. 

The information on this form is covered under the freedom of information protection act, so can’t be viewed by the public. AER inspectors can be contacted if problems with the wellsite arise. 

Only contracts entered into after Nov. 30, 2013 can be registered.

It is important to note the new AER is just getting established under reorganizational restructuring. Under their present mandate they cannot enforce commitments, or deal with compensation; however they can issue compliance notices, direct mediation, or refer to alternate agencies like the Surface Rights Board.