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John Pickernell

Assistant Board Secretary

Ontario Energy Board

416-440-7605

Fax: 416-440-7656

Website: www.oeb.gov.on.ca

Official Correspondence: BoardSec@oeb.gov.on.ca



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From: Annis, Kristyn [mailto:kannis@mccarthy.ca]
Sent: November 9, 2009 2:50 PM
To: BoardSec
Cc: Judith Fernandes
Subject: FW: EB-2009-0388



Dear Ms. Walli,



Further to my discussions with the case manager for the above noted file, Judith Fernandes, as per her request, please find attached the information regarding the amendments to the property descriptions for Sarnia Solar 2 and Sarnia Solar 5. We trust that you will find this information useful.



Warm Regards,



Kristyn



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From: Michael Shadbolt [mailto:Michael.Shadbolt@macleoddixon.com]
Sent: Thursday, November 5, 2009 6:19 PM
To: Annis, Kristyn
Cc: Pamela Horton
Subject: Resending

Further to our call earlier, the following is some background explaining why First Solar intends to amend the property descriptions for the Sarnia 2 and Sarnia 5 projects:



At the stage of First Solar's initial applications for both the Sarnia RESOP contracts and Generators Licenses, it had agreements to purchase approximately 15 contiguous or adjacent properties, or PIN's, at the Sarnia site, totaling 1160 acres, and the property descriptions contained in the applications were of necessity linked to one or more of these numerous underlying PIN's. After closing of these land purchases, individual contiguous properties merged, and were consolidated such that the entire site is now represented by three PINs rather than the numerous PINs that represented the previously unconsolidated parcels. As a result, the descriptions of the properties in the initial applications require adjustment.

In addition, an application to sever the lands underlying Sarnia Solar 2 and Sarnia Solar 5 from the rest of the Sarnia lands was recently approved by Sarnia's Committee of Adjustment. As a result of the application process, some adjustments to the descriptions of the properties underlying Sarnia Solar 2 and Sarnia Solar 5 were made necessary.

Finally, at the time of the initial applications for RESOP contracts and Generator Licenses, the final engineering layouts of the solar arrays had not been completed. Final engineering layouts of the solar arrays were subsequently completed prior to construction of Sarnia 2 and Sarnia 5. Although the connection points for each project under the RESOP contracts have not changed, there have been some minor changes to the lot/concession descriptions that underlie each 10 MW RESOP project.

Accordingly, as a result of the land consolidation, the Committee of Adjustment consent, and the final array design, First Solar has recently requested that the OPA approve a number of minor amendments to its RESOP contracts to reflect a “truing up” of underlying property descriptions, and to ensure that the Generator License(s) is consistent with amended property descriptions in each of the RESOP contracts.



Feel free to pass this along to the OEB.



Regards

Michael



Michael D. Shadbolt

Macleod Dixon LLP
TD Waterhouse Tower
79 Wellington Street West
Suite 2300, P.O. Box 128
Toronto-Dominion Centre
Toronto, Ontario
M5K 1H1

Direct: (416) 202-6733

Fax: (416) 360-8277

michael.shadbolt@macleoddixon.com



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www.macleoddixon.com



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