HomeMy WebLinkAboutPublic Involvement in a Proposed Utility Development.pdfwww.auc.ab.caUpdated October 2014
Step 6: The public hearing process*
The public hearing process provides an opportunity for
those who have been unable to resolve their concerns
with the applicant and have made a filing, to express
their views directly to a panel of Commission members.
The panel reviews the initial filings and grants what is
referred to as standing to those who may be directly and
adversely affected by the proposed project. Standing is
necessary to continue involvement as an intervener in
the proceeding which may include the filing of evidence
and participation in an oral or written hearing.
The AUC will issue a notice of hearing
setting out the hearing date, location and
additional process steps and deadlines.
An AUC public hearing operates similarly to a
court proceeding and is a quasi-judicial process.
The general public is welcome to attend as an
observer and the hearings are often broadcast
online so that those interested can listen-in.
Participants in a hearing can either represent themselves
or be represented by legal counsel. In addition,
participants may hire experts to assist in preparing
and presenting evidence to support their position.
Persons who hire legal counsel or technical experts
must be aware that while reimbursement for the costs
of legal and technical assistance may be available under
Rule 009, recovery of costs is subject to the Commission
assessing the value of the contribution provided by
counsel and technical experts. People with similar
interests and positions are expected to work together
to ensure that any expenditures for legal or technical
assistance are minimized and costs are not duplicated.
Step 7: The decision
For electric transmission facilities, the need for
transmission development filed by the Alberta Electric
System Operator to the AUC must be considered to
be correct unless someone satisfies the Commission
that the needs application is technically deficient,
or that to approve it would be contrary to the public
Contact information
Consumer Relations
Phone: 780-427-4903
Email: consumer-relations@auc.ab.ca
Dial 310-0000 prior to the 10-digit number and then
press 1 for toll-free access anywhere in Alberta.
Information session
It is our goal to ensure that you understand the process,
and your opportunities for involvement in proceedings
to consider utility development applications. For those
interested in having an AUC staff member further
explain the application and review process or answer
questions you may have about your involvement in
utility development proceedings, please contact us as
we may schedule a formal information session for you.
The virtual information session on our website, found
under Involving Albertans, will also provide you with
further details which could assist you in understanding
the process and having your say in a utility development
proceeding.
interest. For electric needs applications, the
Commission can either approve, deny, or send the
application back with suggestions for change.
Commission decisions made about applications
filed for a specific utility development, including
electric transmission lines, gas utility pipelines
and power plants, may be approved, approved with
conditions or denied. Decisions are typically released
within 90 days from the close of the record as a
written report. The decision, available on the AUC
website, will summarize the Commission’s findings
and state its reasons for the decision with any
conditions or approval time limits if applicable.
Sometimes needs and facility applications are
considered together in a single proceeding.
Step 8: Right to appeal
A participant in a hearing who is dissatisfied with
the decision of the Commission may request that
the Commission review and vary its decision. Such
a request must follow the procedure set out in
Rule 016: Review of Commission Decisions.
A dissatisfied participant may also file a leave to
appeal motion in the Court of Appeal of Alberta
within 30 days from the date the decision is issued.
Step 9: Construction and operation
Any applicant that receives a permit to construct and
licence to operate a facility from the Commission
must adhere to any conditions that were set out
in the decision. If you notice something during the
construction or operational phases of a project that
concerns you, bring this to the applicant’s attention.
If you are not satisfied with the response you receive,
please bring your concerns to the attention of the AUC.
*Denotes opportunity for public involvement.
Public involvement in a proposed
utility development
This brochure provides general information only. Specific
participation opportunities may differ depending on the
type of application.
Understanding
your rights and
options for
participating
in a proceeding
to consider
applications
for a proposed
project in your
area
The Alberta Utilities Commission is committed
to ensuring that Albertans whose rights may
be directly and adversely affected by utility
development in Alberta have the opportunity
to have their concerns heard, understood and
considered. If you believe you may be directly and
adversely affected, you can become involved in
the AUC application and review process.
Application process
Step 1*Public consultation by the applicant.
Step 2Application filed with the AUC.
Step 3 The AUC issues a notice of application or notice of hearing.
Step 4*Interested parties submit filings to the AUC with any outstanding issues or objections.
If the AUC does not receive any submissions, the application will be reviewed and a decision may be made without a hearing.
Step 5*The AUC issues a notice of hearing, if it was not already issued in Step 3.• Continued opportunity for consultation and negotiation with the applicant.
Step 6*Public hearing.
Step 7The AUC issues its decision. Below are the options the AUC may consider for:Needs applications from the Alberta Electric System Operator: • Approval of application.• Return to the Alberta Electric System Operator with suggestions.• Denial of application.
Facilities applications:• Approval of application.• Approval of application with conditions.• Denial of application.
Step 8Option to appeal decision or ask the AUC to review its decision.
Step 9Approvals, construction and operation of facility, if approved.
Step 1: Public consultation prior to application*
Prior to filing an application with the AUC for the
approval of a proposed utility development, the
applicant is required to conduct public consultation
in the area of the proposed project, so that concerns
may be raised, addressed and if possible, resolved.
The requirements for consultation and notification,
namely the participant involvement requirements,
are set out in Rule 007 for electric facilities
and Rule 020 for gas utility pipelines.
Potentially affected parties are strongly encouraged
to participate in the initial public consultation, as
early involvement in discussions with an applicant
may lead to greater influence on project planning
and what is submitted to the AUC for approval.
Step 2: Application to the AUC
When the participant involvement requirements
have been completed, the proponent of the utility
development files an application with the AUC. The
application must indicate the issues which came up
during the public consultation and any amendments
considered or made to the project. Any unresolved
objections or concerns which arose from the public
consultation must be identified in the application.
*Denotes opportunity for public involvement.
Step 3: Public notification
The Commission will issue a notice when it receives
an application that, in the Commission’s opinion, may
directly and adversely affect the rights of one or more
people. The notice is typically sent by mail to residents
in the project area and may also be published in local
newspapers. The notice will provide key dates, contacts
and participation information for those interested
in becoming involved in the application process.
Step 4: Public filings to the AUC*
If you have unresolved objections or concerns about
the proposed project filed with the AUC for approval
and wish to participate in an AUC proceeding,
you must make an initial written filing. Your filing
must include your contact information, concern
or interest in the application, an explanation of
your position and what you feel the AUC should
decide. Please be aware that any information or
materials filed with the AUC, except information
granted confidentiality, is available to the public.
Filing your concerns
The eFiling System is a web-based tool created to
manage applications and filings made to the AUC
through a proceeding-based review. This system
gives access to all public documents associated
with applications filed with the AUC and is the
most efficient way to provide your input to the
AUC and monitor the related proceeding filings.
Those who do not have access to the Internet can send
filings, evidence and other material by mail or fax and
the AUC will upload the submission on your behalf.
Participant cost reimbursement
A person determined by the Commission to be a local
intervener can apply for reimbursement of reasonable
costs incurred while participating in an AUC proceeding.
Details regarding recovery of participants’ costs are
described in Rule 009: Rules on Local Intervener Costs.
Step 5: Consultation and negotiation*
The Commission supports ongoing efforts to reach a
positive outcome for the applicant and all affected
parties. The Commission encourages the applicant and
those who have made filings to continue to attempt
to resolve any outstanding issues. If all concerns
can be satisfactorily resolved this may eliminate
the need for a formal hearing. However, if there
continues to be unresolved issues, typically those
matters will be addressed at an AUC public hearing.
Having your say
Early discussions with the applicant about proposed utility developments will often result in greater influence on what is filed in the application for approval. Utility
developments include natural gas pipelines, electric transmission lines and substations (including Alberta Electric System Operator needs identification documents), and power
plants. Should you have concerns related to a proposed utility development, it is best to have early and ongoing discussions with the applicant.
If your objections cannot be resolved, or you have outstanding concerns upon the filing of an application with the AUC, you have an opportunity to submit an initial filing with
your objections in writing to the AUC containing the following information:
• How you may be affected by the proposed project and the location of your land or residence in relation to it or any alternative proposed in the application.
• The potential effect the proposed project may have on your property or interest in the property .
• A description of the extent to which you may be affected, and how you may be affected in a different way or to a greater degree than other members of the general public.
Following this initial filing, you may be able to fully participate in the proceeding. This could include having legal representation and participation in a public hearing. It is
important to note that any applied for routes and segments (preferred and alternate) could be chosen as the approved route in the AUC decision.
www.auc.ab.ca