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ARTICLE · 25 JULY 2024

AER Denies Developer's Request To Share Pipeline Crossing Costs

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In a recent decision made pursuant to section 33 of the Pipeline Act,1 the Alberta Energy Regulator (AER) rejected an application filed by Qualico Developments West Ltd. (Qualico) seeking orders requiring...

CanadaCorporate/Commercial Law

In a recent decision made pursuant to section 33 of the Pipeline Act,1 the Alberta Energy Regulator (AER) rejected an application filed by Qualico Developments West Ltd. (Qualico) seeking orders requiring Pembina Pipeline Corporation and Plains Midstream Canada ULC (collectively, the Pipeline Companies) to share in the cost of the work required for Qualico to construct an arterial road across two existing pipelines in connection with a residential development being pursued by Qualico in the Edmonton area.

The AER's decision, released on July 4, 2024, represents the conclusion of a lengthy process dating back to November 2020 which culminated in a public hearing in March 2024 with participation by Qualico, numerous developers and development industry associations supporting Qualico's application, the Pipeline Companies, and SECURE Energy Services Inc. and Keyera Corp. supporting the position of the Pipeline Companies.

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