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ARTICLE · 18 APRIL 2013

ERCB Sends Well Licence Applicant Back To The Drawing Board… Again

McLennan Ross LLP
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The Energy Resource Conservation Board has recently denied applications by Bernum Petroleum Ltd.

CanadaEnergy and Natural Resources
Michael Barbero
Michael Barbero
Gavin Fitch, K.C.
Gavin Fitch, K.C.
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On April 4, 2013, the Energy Resource Conservation Board (ERCB or Board) denied applications by Bernum Petroleum Ltd. (Bernum) for a facility license and two well licenses. The applications involved surface locations in the Bearspaw area between Calgary and Cochrane. Bernum had previously applied for a licence to drill a single well from essentially the same location; that application was also denied by the Board, in November 2011 (see our earlier e-alert " The Importance of Assessing Alternative Sites").

The decision is of note for the ERCB's comments on the acceptability of continuous flaring in close proximity to residential development and the need for applicants to consider the full extent of energy projects located in areas with substantial residential development. Also interesting is the fact that it is a rare split decision by the ERCB.

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