Message: D10-20783

From: Zora Crnojacki
To: Robert Flindall
Cc: BoardSec, Shelly-Anne Connell, Neil Mckay, Maureen Helt
Sent: 2010-12-16 at 11:13 AM
Received: 2010-12-16 at 11:13 AM
Subject: RE: EB-2009-0187 Enbridge pipe facilities to York Energy Centre

Attachments: dec_order_EGDI_20100405.PDF (394.9 KB)

Dear Mr. Flindall:



We are in receipt of your e-mail dated December 10, 2010 concerning Enbridge’s Notice of Public Information Sessions (the “Notices”), which were held on April 14, 2009 and May 26, 2009 in Newmarket, Ontario. The purpose of the Information Sessions was to provide information regarding Enbridge’s proposed pipeline to be built in the Region of York. From your email it appears that your concern is that these notices did not meet the Ontario Energy Board’s Environmental Guidelines as far as identifying the impacts of the pipeline. For clarification, please note that the Notices are intended to inform and invite interested parties to participate in the public consultation process which is conducted by the pipeline proponents in the planning stages of the project. The public consultation conducted by Enbridge regarding the selection of the pipeline route and environmental assessment provided a forum for interested parties to provide their input into the planning process.





Furthermore, the Board issued a Notice of Application with respect to the proposed pipeline on or about September 22, 2009. The Notice provided instructions for any interested party on how to participate in the review of the application. The Notice was published in the newspapers The King Sentinel and in King Township Weekly on September 30, 2009. Enbridge’s evidence included the Environmental Report which described the impact of the pipeline construction and operation. The Board approved the application on April 5, 2010. For your information, I am attaching Board’s Decision and Order EB-2009-0187.





Regards,



Zora Crnojacki

Project Advisor

Applications and Regulatory Audit

Ontario Energy Board

PO Box 2319

2300 Yonge Street, Suite 2700

Toronto, ON M4P 1E4

416 440 8104

P please don't print this e-mail unless you really need to.

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From: Robert Flindall [mailto:rflindall@king.ca]
Sent: December 10, 2010 2:09 PM
To: Zora Crnojacki
Subject: FW: Enbridge pipe facilities to York Energy Centre



Zora,

Further to my previous email about the content of notices for the Enbridge-YEC project, Enbridge has provided the information below and attached. My question as previously sent to you relates to specific concerns that residents in the Township have raised now that the project is approved. They told me that they were not aware of the potential safety impacts form the project.



Please review the materials, and advise me if these notices meet the Guidelines as far as identifying the impacts. This is an important question that our Mayor and Council has asked me to resolve.







My specific question relates to the content of public and Agency notifications.



The Guideline says:



3.2 Public Consultation

Soliciting input from the general public is an important component of the route selection/siting

process. It provides the opportunity for people to become involved in a meaningful way in

influencing decisions on matters which affect them. The applicant is encouraged to consult with

interested parties during all stages of the development of the ER where practical, in order to

obtain input before irreversible decisions are made.

The goal of the public consultation process should be to solicit input from the public to help the

applicant improve public understanding, identify and address issues and provide the public an

opportunity to provide meaningful input into the planning process. The applicant's public

consultation program should:



(a) identify those who may be affected and inform those parties of the nature

of the undertaking and how they may be affected;



etc.





Can you provide more specific information on what should be in the Notices and in the information provided at the Public Meetings addressing “impacts” or “how parties might be affected”.



Is there any requirement to identify the impact zone resulting from a pipeline rupture and resultant fire, even if it is a remote possibility, and quantify that probability? Such that notified parties understand why they are being notified.





Rob Flindall, P.Eng.

Director, Engineering & Public Works

Township of King

905-833-5321 Ext 4076





The information contained in this message is directed in confidence solely to the person(s) named above and may not be otherwise distributed, copies or disclosed. This message may contain information that is privileged, confidential and exempt from disclosure under the Municipal Freedom of Information and Protection of Privacy Act. If you have received this message in error, please notify the sender immediately advising of the error and delete the message without making a copy. Thank you.

From: Edith Chin [mailto:Edith.Chin@enbridge.com]
Sent: Friday, December 10, 2010 11:48 AM
To: Robert Flindall
Cc: Ritchie Murray
Subject: RE: Enbridge pipe facilities to York Energy Centre



Rob,

Thanks for your email.



Our consultant informed us that the notifications of the first public information session were distributed the week of March 23 2009 to the following postal codes:

· L0G 1J0

· L0G 1W0

· L3X

· L7B

· and other interested parties such as agencies and First nations.

In all, over 7000 notifications were sent out.



For the second public information session, landowners along the Preliminary Preferred Route received an invitation via hand delivery, on May 14 and 15, 2009.



Notices of the Public Information Sessions for the project were published in two local newspapers within the Study Area. The First Public Information Session was advertised on March 25, 2009 (King Weekly and King Township Sentinel) and April 8, 2009 (King Weekly and King Township Sentinel).



The Second Public Information Session was advertised on May 6, 2009 (King Weekly), May 13, 2009 (King Weekly and King Township Sentinel) and May 20, 2009 (King Weekly and King Township Sentinel).



Notices are attached.



Regards,

Edith



Edith Chin

Manager, Upstream Regulatory Strategy and Major Projects | Enbridge Gas Distribution | Tel: 416 753 7872



From: Robert Flindall [mailto:rflindall@king.ca]
Sent: Monday, December 06, 2010 1:38 PM
To: Edith Chin; Ritchie Murray
Subject: RE: Enbridge pipe facilities to York Energy Centre



Edith and Ritch,



The Township continues to receive comments from the public that they were not notified of the project, the PICs of the potential impacts of the project.



Can you point me to the section of the Stantec report that lists all of the landowners contacted, and how they were contacted, along with copies of the letter(s) they might have been sent.



Much appreciated.



Rob Flindall, P.Eng.

Director, Engineering & Public Works

Township of King

905-833-5321 Ext 4076





The information contained in this message is directed in confidence solely to the person(s) named above and may not be otherwise distributed, copies or disclosed. This message may contain information that is privileged, confidential and exempt from disclosure under the Municipal Freedom of Information and Protection of Privacy Act. If you have received this message in error, please notify the sender immediately advising of the error and delete the message without making a copy. Thank you.

From: Edith Chin [mailto:Edith.Chin@enbridge.com]
Sent: Friday, November 26, 2010 2:13 PM
To: Robert Flindall
Subject: RE: Enbridge pipe facilities to York Energy Centre



Hi Robert,



Thanks for your email.



With respect to guidelines on information to be placed in the notices, they are usually provided in the Letter of Direction (sent earlier). Some general guidelines can be found at http://www.oeb.gov.on.ca/OEB/Industry/Rules+and+Requirements/Rules+Codes+Guidelines+and+Forms under Ontario Energy Board Rules of Practice and Procedure.



I am attaching with this email the material which were sent out to King Township officials, as well as the public notices, for the original OEB proceeding.



Should you have further questions, please contact me.



Regards,



Edith Chin

Manager, Upstream Regulatory Strategy and Major Projects | Enbridge Gas Distribution | Tel: 416 753 7872



From: Robert Flindall [mailto:rflindall@king.ca]
Sent: Thursday, November 25, 2010 1:38 PM
To: Edith Chin
Subject: RE: Enbridge pipe facilities to York Energy Centre



Thanks Edith.



As discussed, I am also looking for the Guidelines of the information that must be palced in each Notice to the Public and the Clerk of the Municipalities. The Direction is not specific in this regard.



Further, can you identify the correspondence that Notified the public and the Municipality that we could become intervenors in the original OEB hearing.



Thanks.



Rob Flindall, P.Eng.

Director, Engineering & Public Works

Township of King

905-833-5321 Ext 4076





The information contained in this message is directed in confidence solely to the person(s) named above and may not be otherwise distributed, copies or disclosed. This message may contain information that is privileged, confidential and exempt from disclosure under the Municipal Freedom of Information and Protection of Privacy Act. If you have received this message in error, please notify the sender immediately advising of the error and delete the message without making a copy. Thank you.

From: Edith Chin [mailto:Edith.Chin@enbridge.com]
Sent: Wednesday, November 24, 2010 8:11 AM
To: Robert Flindall
Cc: Ritchie Murray; Manny Sousa; Phil Mannell
Subject: Enbridge pipe facilities to York Energy Centre



It was our pleasure meeting with you and your King Township colleagues on Monday. I would like to follow up with a few documents you were interested in.



The link to the Environmental Assessment Report is https://portal-plumprod.cgc.enbridge.com/portal/server.pt?open=512&objID=341&PageID=0&cached=true&mode=2&userID=2 . In appendices A1, A2, A3, A4, you will find the details of the consultation, notifications , etc done as part of the Environmental Report.



As requested, attached please find the (September 22 2009) Letter of Direction from the Ontario Energy Board on the Leave To Construct application. These directions were followed as part of the application to the Ontario Energy Board.



Once again, thanks for taking the time to meet with us yesterday. We look forward to working with King Township.



Regards,

Edith



Edith Chin

Manager, Upstream Regulatory Strategy and Major Projects | Enbridge Gas Distribution | Tel: 416 753 7872



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