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Guide 29 
Brochure 



Energy and 
Utility 

Development 
Applications, 
the Hearing 
Process, and 
Costs Awards 




Alberta Energy and Utilities Board 



About this pamphlet 

The Alberta Energy and Utilities Board (EUB) 
receives many questions about its public 
hearings and local intervener costs. This 
pamphlet, a companion piece to Guide 29: 
Energy and Utility Development Applications 
and the Hearing Process, addresses some 
general questions about these issues. For more 
details about the EUB's energy and utility 
development application and hearing process, 
please refer to Guide 29. For specific questions 
about local intervener costs awards, please refer 
to Gidde 3 1 A: Guidelines for Energy Cost 
Claims and Guide 31B: Guidelines for Utility 
Cost Claims or contact the EUB's Law Branch 
at (403) 297-7029.* 

About the EUB 

The EUB is an independent provincial agency 
that regulates the safe, responsible, and 
efficient development of Alberta's energy 
resources. These include oil, natural gas, oil 
sands, coal, and electric energy, as well as 
pipelines and transmission lines required to 
move these resources to market. 

Regulation is needed so that nonrenewable 
resources are produced efficiently and in an 
environmentally acceptable way that does not 
compromise social values or public health and 
safety. If proposed future developments, or 
current ones, create conflicts among industry, 
landowners, or other stakeholders, the EUB is 
there to settle issues in a balanced way. 

The EUB expects industry to complete its 
public consultation program well before 
submission of any application so that concerns 
may be raised, properly addressed, and, if 
possible, resolved. For applications that cannot 
be easily resolved due to concerns or 
objections, a hearing may be conducted by the 
EUB to reach a fair and balanced decision. 



Applications and hearings: What are they? 

Most projects related to energy and utility 
development require EUB approval. For a 
proposed project to be approved, a company must 
submit an application to the EUB detailing what it 
is applying for and the grounds on which the 
application is made. The company is also required 
to provide any relevant information necessary to 
give the EUB a full and complete understanding of 
the application. Section 19 of the EUB's Rules of 
Practice and the appropriate EUB guide for the 
specific application type outline the information 
required with an application. Each year the EUB 
reviews and approves thousands of applications on 
a routine basis. However, any unresolved matter or 
objection may proceed to a hearing. 

Prehearing Steps 

• Public consultation / dispute resolution 

• Application 

• EUB information session (if needed) 

• Prehearing meeting (if needed) 



If the EUB decides that it is necessary to hold a 
hearing to consider an application, it issues a 
notice of hearing directly to all persons and 
organizations potentially directly and adversely 
affected by the application to inform them of the 
hearing and allow them to file their submissions 
with the EUB. The notice of hearing may also be 
publicly advertised in newspapers. After 
considering input from the participants, the EUB 
decides whether the hearing will be oral or 
written. Hearings are sometimes preceded by 
prehearing meetings, which may be held to 
finalize logistical details, such as the proposed 
date, time, and place of the hearing, arrange for 
the exchange of exhibits or prepared testimony, 
and settle any other matters that may aid the 
proceedings. 

An EUB hearing is a public forum in which all 
parties who may be directly affected by an 
application may participate. Once an intervener, 



EUB ORAL HEARING PROCESS 
Opening Remarks 

• Statement of purpose 

• Introduction of Board panel and EUB staff 

• Summary of notice given on the proceeding 

• Participant registration 



Preliminary Matters 



I • Presentation of procedural and legal matters J 



Applicant (Application) 



r 

• Registration of applicant's documents 


• Cross-examination of applicant by 


as exhibits 


- Interveners, in order of registration 


• Introduction of applicant's panel and 


- EUB staff 


presentation of credentials 


- Board panel 


• Applicant's direct evidence 

>^ 


• Redirection of applicant's evidence 

> 



T 

Interveners 



Registration of intervener documents 
as exhibits 

Introduction of interveners' panels and 
presentation of credentials 
Interveners' direct evidence 



Cross-examination of intervener by 

- Applicant 

- Interveners, in order of registration 

- EUB staff 

- Board panel 

Redirection of interveners' evidence 



V 

Rebuttal Evidence by Applicant 



• Applicant submits additional evidence to address new points 
raised by intervener evidence 



Final Argument or Summation (oral or written) 





• Participants present most important aspect of the issues and 
what decisions they feel the panel should make 
Applicant may respond to interveners' arguments 



Closing of Hearing 

^» Panel chair announces deferral of the panel's decision until a later date ^ 

T 

Decision Report 



/ ^ 

Board issues its final reasoning and decision on application usually within 90 days after 
the hearing in a decision report, which is distributed to all registered participants and 
made available to the public 



who is directly and adversely affected by the 
application, has triggered a hearing, parties who 
are interested in the application and who can 
contribute to the proceeding are usually able to 
intervene. An intervener is defined as a person, 
a group of persons, an association, or a 
company other than the applicant who files a 
submission with the Board in respect of a 
proceeding. Hearings meet the fairness 
requirement by providing parties with the 
opportunity to be heard. In order to participate 
in a hearing, an intervener must file a written 
submission, called an intervention, with the 
Board. Section 23 of the Rules of Practice 
explains what a submission must contain. A 
copy of the submission must also be given to 
each party participating in the proceeding. 

If an oral hearing is held, the general public 
may attend to observe without participating. 
A hearing is a proceeding to which rules and 
procedures apply so that the Board may receive 
evidence and argument on the issues relevant to 
the application. 

A panel, usually consisting of three Board 
Members, conducts the hearing. At a hearing, 
the applicant explains its proposed project to 
the panel, and the interveners state their support 
or opposition to the project in detail. First, the 
applicant presents its case. Interveners may 
cross-examine the applicant and present their 
own case. The applicant may then cross- 
examine interveners, and interveners may cross- 
examine each other. Board staff and the Board 
Panel itself may also ask the parties questions. 
All participants or their representatives submit 
their final arguments to the panel either orally 
or in written format at a later date. Following a 
final oral argument, the chair of the panel 
announces that the hearing is completed and 
closed to any further evidence. 



The panel normally reserves its decision, because 
it needs time to carefully consider all the 
evidence. Within 90 days of the close of the 
hearing, a decision report is written and 
distributed to all the participants. 

Who pays the costs of participants at a 
hearing? 

Participants determined by the EUB to be local 
interveners may be eligible for reimbursement of 
reasonable costs resulting from their participation 
in a proceeding before the EUB. 

A local intervener is a person or a group or 
association of persons who, in the opinion of the 
Board, has an interest in or is in actual occupation 
of or is entitled to occupy land that is or may be 
directly and adversely affected by a decision of 
the Board in or as a result of a proceeding before 
it. Generally, the applicant for the proposed 
project is responsible for the payment of such 
local intervener cost awards. Claimants for local 
intervener costs may be individuals or groups of 
persons who share a common concern about the 
proposed project. 

If potential interveners are unsure whether they 
qualify as local interveners, they may request that 
the Board make an advance determination of local 
intervener status. Sometimes the Board is unable 
to determine local intervener status until it has the 
opportunity to consider the evidence presented at 
a hearing. In such situations, the Board will 
advise applicants in a timely fashion that an 
advance determination cannot be made. 

When determining a local intervener cost award, 
the Board recognizes all those expenses incurred 
by the local intervener that it considers reasonable 
and directly and necessarily related to the prepar- 
ation and presentation of the intervention. These 
matters must be assessed in the context of the 
particular proceeding for which the claim is made. 



The Board's usual practice is to acknowledge 
only those costs incurred after the EUB has 
issued a notice of hearing. However, the Board 
recognizes that it is sometimes necessary for 
local interveners to incur costs prior to the 
notice and that such costs may be reasonable 
and be directly and necessarily related to the 
intervention in question; such costs will be 
funded. 



For further information 

See Guide 29: Energy and Utility 
Development Applications and the 
Hearing Process regarding energy and 
utility development applications and the 
hearing process 

See Guide 31 A: Guidelines for Energy 
Cost Claims and Guide 31B: Guidelines 
for Utility Cost Claims or contact the EUB 
Law Branch at (403) 297-7029* regarding 
local interveners' cost awards 

For more information on the hearing 
process, cost submissions, staff 
facilitation, the Appropriate Dispute 
Resolution Program, and other guides, 
check the EUB Web site at 
<www.eub.gov.ab.ca> or call (403) 297- 
8511* 

Guides 29, 31 A, and 3 IB are available on the 
EUB's Web site at <www.eub.gov.ab.ca> or 
from 

EUB Information Services 
640-5 Avenue SW, Main Floor 
Calgary, Alberta T2P 3G4 
Telephone: (403) 297-8190* 

*To call these numbers toll free, dial 310-0000. 



January 2003