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Directive 065 - Energy Resources Conservation Board

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Requirements Comments<br />

2) A statement of whether you are requesting,<br />

pursuant to Section 53(5) or 55(2) of the<br />

OGCA, that the ERCB, in order to give effect<br />

to the common processor declaration, direct<br />

a) the proportion of production to be<br />

processed by the common processor from<br />

each producer or owner in the pool or<br />

pools,<br />

b) the total amount of gas to be processed<br />

by the common processor from the pool<br />

or pools subject to the common processor<br />

declaration, and/or<br />

c) the processing fee that shall be paid to<br />

the common processor.<br />

3) A discussion giving the reasons why you are<br />

requesting the order, including a description<br />

of the circumstances that in your opinion<br />

have led or will lead to an inequitable<br />

situation.<br />

4) Documentation showing that reasonable<br />

arrangements for the use of processing<br />

capacity in the plant could not be agreed<br />

upon, including<br />

a) identification of all parties involved and<br />

the nature of their issues and concerns,<br />

and<br />

b) an outline of the attempts to resolve the<br />

issues, including type of discussions held,<br />

timing, and frequency.<br />

See comments for items 14, 15, and 17.<br />

You should have made substantial efforts to<br />

negotiate a resolution to the matter prior to<br />

filing an application with the ERCB. The<br />

application should be a last resort. You<br />

should also continue your efforts to resolve<br />

the matter on a voluntary basis (including<br />

consideration of a third-party mediator) after<br />

you have filed the application with the<br />

ERCB.<br />

Your discussion must include why the<br />

negotiations did not lead to a settlement and<br />

what dispute resolution efforts were<br />

conducted. Matters of confidentiality and<br />

disclosure should be addressed and<br />

determined by the parties prior to submission<br />

of the application.<br />

The documentation should illustrate your<br />

case that you have been unable to obtain<br />

reasonable arrangements. Matters of dispute<br />

may include access on terms that would<br />

allow you to obtain your show or production<br />

from the pool at reasonable tariffs.<br />

ERCB <strong>Directive</strong> <strong>065</strong>: <strong>Resources</strong> Applications / Common Processor (March 2012) • 1-23

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