An environmental advocacy group says transparency and public interest have been sidestepped after the head of the Alberta Energy Regulator (AER) cancelled a public hearing on an underground coal mine near Grande Cache, in a move both sides say is unprecedented. 

Last week, AER CEO Rob Morgan cancelled a meeting scheduled about the coal mine for Oct. 21.  Morgan’s decision comes less than a month after a panel of AER hearing commissioners denied developer Summit Inc.’s application to move forward without hearing the public’s concerns about the project. 

“I recognize it is without precedent for a non-hearing commissioner decision maker to consider a reconsideration request,” wrote Morgan. “My decision should not be construed as a means by which parties can circumvent hearing or other AER decisions they disagree with.” 

Summit Coal Mine 14 is an underground metallurgic coal mine project that’s been in the works since 2008. In 2022, the project was labelled as exempt from the coal development moratorium on Alberta’s eastern slopes by the provincial government. 

The mine is located approximately four kilometres northeast of Grande Cache, about 430 kilometres west of Edmonton. 

Morgan cited a lack of opposition to the proposal as his main reason, noting a majority of the groups listed as participants in the process support the project. 

Four Indigenous groups in the area who previously opposed the project withdrew their statements of concern after signing impact benefit agreements with Valory Resources Inc, owner of Summit, in June. 

The Municipal District of Greenview has welcomed the mine and its potential economic benefits with open arms. 

“The project is expected to create approximately 150-200 high-paying jobs and provide additional benefits to the community through investments in infrastructure and community facilities,” wrote Greenview Reeve Tyler Olsen in a December 2024 letter to the AER. 

“We advocate for the swift approval of the Mine 14 Project, recognizing its potential to drive economic development and job creation in the Grande Cache region. 

“We firmly believe that the project has met all environmental requirements and that its positive impacts will far outweigh any concerns.” 

The municipal district, which also submitted three letters of support for the project in 2024, declined to provide additional comment on the cancellation of the public hearing. 

But representatives from two organizations, the Alberta Wilderness Association (AWA) and Canadian Parks and Wilderness Society Northern Alberta (CPAWS) have spent months preparing their opposition to the project.

Kennedy Halvorson, conservation specialist with the AWA, said she was “surprised and disappointed” by the decision, and the sudden cancellation of the public hearing goes against the AER’s mandate to defend Albertans’ best interests.  

“The AER staff had many, many opportunities which they could have cancelled this all,” said Halvorson in an interview with CBC News. 

“At every opportunity they made the decision that they should go ahead, that these are the people who should participate.

a man in a blue suit an d blue tie and grey hair and  glasses sits for a photo Rob Morgan is the Alberta Energy Regulator’s CEO. (AER)

All new energy projects in Alberta must be submitted to the AER for approval. Before companies can submit an application, they undergo engagement with stakeholders, like locals, municipalities and Indigenous communities. 

Applications are available for 30 days on the AER website to allow for public review, and organizations and individuals can submit written statements of concern detailing how the project may impact them. 

Statements of concern are then considered in the AER’s full technical review of the project and how development plans address rules, regulations and policies. Developers may be asked to respond to statements of concern, which are also considered in review. 

If necessary, a public hearing can be called to gather more information from stakeholders on all sides of the issue. 

“It’s worrisome that the checks and balances that have been put in place can just be dropped and thrown aside so last minute by one person; one single person made this decision, and he is likely not privy to the months and tons of documentation that have led us to this point,” said Halvorson.

Valory Resources Inc. said in a written statement that the company is “excited to advance Mine 14 in Grande Cache with strong support from the community and surrounding Indigenous groups.” 

The AER declined to provide further comment on the cancellation of the public hearing and directed CBC News to Morgan’s statement. 

Halvorson said the lack of a public hearing will mean important information about the mine’s potential environmental impacts, housed in lengthy written reports, won’t be accessible to most Albertans.

“By removing this portion of the public hearing, we’re losing transparency and accountability to the public,” said Halvorson. “The oral part of the process allows some really key concerns to be vocalized and … it gives the opportunity for everyone participating to cross-examine each other.”