Energy framework changing

Times Contributor   

 

Simon Dyer, Policy Director of the Pembina Institute, urges landowners and Alberta residents to get involved in the discussion and development of the Energy Resources Conservation Board (ERCB) unconventional oil and gas framework.

His preliminary impression of the framework was cautious. Dyer is waiting to see how the framework process deals and seals the development details, which he considered necessary for a comprehensive responsible resource management process. 

“If the overall plan says nothing about how the issues will be dealt with, it is a problem. The devil is in the details of this, and it will be interesting to see how it develops” said Dyer. 

“The critical part of the problem, in the past, was there had been no overarching plan that determined where development is appropriate and it is not. There had not been attention paid to threshold excesses.”

Dyer said the framework touched on some of the right issues, stating the ERCB has finally recognized this type of well development is different and needs different handling.  They recognize that stricter guidelines need to be in place, in relation to the different technology and development. He felt the portions that dealt with water, baseline monitoring, subsurface effects, well core integrity, and land use planning were a move in the right direction.

He gave the Lower Athabasca regional plan as a good example of where regional input was given to the ERCB, supported by government, who implemented conservation zones within development zones, under government supported guidelines for practises. www.ercb.ca/regulations-and-directives/bulletins/2012bulletins/bulletin-2012-22  

By June of 2013, the Alberta government is set to combine the ERCB and Environmental Sustainable Resources into one functioning Alberta Energy regulator. They will administer the Private Land Act, the Environmental Protection and Enhancement Act, and the Water Act. www.energy.alberta.ca/initiatives/regulatoryenhancement.asp  

The regulator is monitored, at arm’s length, by science-based Environmental Monitoring Board, who will utilize regional land use frameworks for the regulatory enhancement projects.

Whether regulation implementation will utilize the protective regional plans such as the South Saskatchewan Region and Red Deer Region Land use frameworks in a similar manner has not been legislated.

The ERCB framework suggested that applications of regulations would be flexible according to the severity of the development risk. Dyer said it is a concern if government systems move to use less discretion with this type of development.

The Environmental Law Centre (ELC) has commented how the Energy regulator abiding by Bill 2-the Responsible Energy Act will lose protective procedures for the environment and public input. The bill has no environmental mandates and doesn’t include actions for endangered species. ELC has drafted solutions and made suggestions to improve transparency, accountability to the public and eliminate the possibility for government interference.

www.elc.ab.ca/pages/WhatsNew/default.aspx?id=1145

The sheer volume of development permits submitted in Alberta is applying pressure to licensing agencies.

Dyer considers with the increase in development that the regulators should have a growth of regulatory power, directly proportional to challenges of monitoring increased environmental disturbance. We should expect government to increase the manpower within monitoring mechanisms to deal with the growth.

The ERCB discussion framework does not specify at what level considerations and applications of input, from environmental groups, other government projects, and right down to individual landowner concerns, will occur. Dyer thinks that input from all levels is crucial to any framework. He supports stakeholder input prior to the grant of a lease, rather than have concerns addressed after problems occur.

“Landowners should certainly be cautious of the unconventional oil and gas development. They need to provide direction on the process. If they had issues in the past, they need to assure the new plan addresses them. With the increased development, the disturbances will be more intense. There should be increased monitoring.  This input should be given prior to the finalization of the land use plans, because once it is in place it will be binding,” said Dyer.

The Pembina Institute will be developing an evaluation report on the ERCB framework and forwarding it to the Alberta Government prior to the end of March 2013.