From: Sidlofsky, James C. [JSidlofsky@blg.com] Sent: January 25, 2011 4:43 PM To: Jay Shepherd; 'Butany-DeSouza, Indy'; BoardSec; awhite@ampco.org; bharper@econalysis.ca; Christine.dade@powerstream.ca; colin.macdonald@powerstream.ca; DavidMacIntosh@nextcity.com; jgirvan@ca.inter.net; mbuonaguro@piac.ca; pfaye@rogers.com; randy.aiken@sympatico.ca; rwarren@weirfoulds.com; shelley.grice@rogers.com; wmcnally@opsba.org Cc: Keith Ritchie; Theodore Antonopoulos; Sidlofsky, James C. Subject: RE: URGENT RE: Emailing: HORIZON_IRR_EP_20110124 Attachments: HORIZON_REDACTED_IRR_EP_20110124.pdf Ms. Walli - Further to my message this morning (see below), please find accompanying this message a redacted version of Horizon Utilities' responses to Energy Probe's interrogatories in this matter. We are in receipt of Mr. Shepherd's message, also below. As all parties are aware, the Board confirmed in its January 10, 2011 Decision on Confidentiality that Horizon Utilities' 2011 Test Year salaries, wages and benefits information by employee category, set out in the 2011 Test Year column of Table 4-25, should remain confidential as requested. At no time has Horizon Utilities waived the confidentiality of this information. The updated Table 4-25 requested by Energy Probe contained the same information that the Board determined was appropriately redacted from the Application. Its disclosure last night was entirely accidental (a Horizon Utilities employee inadvertently sent the unredacted version of the table at 1 a.m.), and this error was addressed promptly in our message to all addressees of the original message - a small group consisting only of Board staff, parties to this proceeding and their counsel and consultants. Horizon Utilities understands that its unredacted responses to the Energy Probe interrogatories have not been posted in the Board's web drawer or otherwise made public by the Board at this time. Horizon Utilities would appreciate the Board's confirmation that the information contained in the redacted version of its response to Energy Probe Interrogatory 26 will remain confidential. We requested this morning that it not be made public by any of the recipients of last night's version of the responses, and we trust that that has been respected by the parties and their counsel and consultants, but we would appreciate the Board's direction that all addressees of Horizon Utilities' e-mail message containing the unredacted responses maintain that information in confidence and not disseminate it. Once again, Horizon Utilities regrets any inconvenience in this regard. James C. Sidlofsky Partner Borden Ladner Gervais LLP 40 King Street West Toronto ON M5H 3Y4 Tel.: 416-367-6277 Fax: 416-361-2751 www.blg.com E-mail: jsidlofsky@blg.com This communication is directed in confidence solely to the person(s) listed above, and may not otherwise be distributed, copied or disclosed. The contents of this email may also be subject to solicitor-client privilege, and all rights to that privilege are expressly claimed and not waived. If you have received this email in error, please notify us immediately by telephone or by return email and delete this communication and any copy immediately. Thank you for your assistance. -----Original Message----- From: Jay Shepherd [mailto:jay.shepherd@canadianenergylawyers.com] Sent: January 25, 2011 12:22 PM To: Sidlofsky, James C.; 'Butany-DeSouza, Indy'; boardsec@oeb.gov.on.ca; awhite@ampco.org; bharper@econalysis.ca; Christine.dade@powerstream.ca; colin.macdonald@powerstream.ca; DavidMacIntosh@nextcity.com; jgirvan@ca.inter.net; mbuonaguro@piac.ca; pfaye@rogers.com; randy.aiken@sympatico.ca; rwarren@weirfoulds.com; shelley.grice@rogers.com; wmcnally@opsba.org Cc: 'Keith C. Ritchie'; 'Theodore Antonopoulos' Subject: RE: URGENT RE: Emailing: HORIZON_IRR_EP_20110124 It is the view of the School Energy Coalition, consistent with past Board decisions, that the information referred to below, having been distributed publicly by the Applicant, is no longer confidential as a matter of general law, and should no longer be confidential for the Board's purposes. We would appreciate confirmation from the Board with respect to the status of this information or, alternatively, an opportunity to provide submissions with respect to the status of confidential information that is made public by its owner, the Applicant. Jay Jay Shepherd, Energy Law 2300 Yonge Street, Suite 806, Toronto, M4P 1E4 Tel: 416-483-3300 Cell: 416-804-2767 (best contact) Fax: 416-483-3305 www.canadianenergylawyers.com -----Original Message----- From: Sidlofsky, James C. [mailto:JSidlofsky@blg.com] Sent: Tuesday, January 25, 2011 9:26 AM To: Butany-DeSouza, Indy; 'boardsec@oeb.gov.on.ca'; 'awhite@ampco.org'; 'bharper@econalysis.ca'; 'Christine.dade@powerstream.ca'; 'colin.macdonald@powerstream.ca'; 'DavidMacIntosh@nextcity.com'; 'jgirvan@ca.inter.net'; 'mbuonaguro@piac.ca'; 'pfaye@rogers.com'; 'randy.aiken@sympatico.ca'; 'rwarren@weirfoulds.com'; 'shelley.grice@rogers.com'; 'wmcnally@opsba.org'; 'Jay Shepherd (jay.shepherd@canadianenergylawyers.com)'; Sidlofsky, James C. Cc: Keith C. Ritchie (Keith.Ritchie@oeb.gov.on.ca); 'Theodore Antonopoulos' Subject: URGENT RE: Emailing: HORIZON_IRR_EP_20110124 Importance: High Good morning, Ms. Walli - We are counsel to Horizon Utilities Corporation in the above captioned matter. PLEASE NOTE that the version of Horizon Utilities' responses to Energy Probe interrogatories filed on RESS and sent to parties by e-mail last night (see Ms. Butany-DeSouza's message below) inadvertently included an unredacted version of one item that is being filed in confidence. In Question 26, Energy Probe requested an updated version of Table 4-25 of the Application. The public version of that updated table is redacted, consistent with the original version of Table 4-25 in the Application. The version of the responses circulated last night included an unredacted version in error. The version of Horizon Utilities' responses to Energy Probe interrogatories circulated last night is not to be placed on the public record or in the Board's web drawer, nor is it to be made public by any of the recipients of last night's version of the responses. Horizon Utilities will provide a replacement public version of the responses, containing a redacted version of the updated table, to the parties and the Board today. We regret any inconvenience in this regard. James C. Sidlofsky Partner Borden Ladner Gervais LLP 40 King Street West Toronto ON M5H 3Y4 Tel.: 416-367-6277 Fax: 416-361-2751 www.blg.com E-mail: jsidlofsky@blg.com This communication is directed in confidence solely to the person(s) listed above, and may not otherwise be distributed, copied or disclosed. The contents of this email may also be subject to solicitor-client privilege, and all rights to that privilege are expressly claimed and not waived. If you have received this email in error, please notify us immediately by telephone or by return email and delete this communication and any copy immediately. Thank you for your assistance. -----Original Message----- From: Butany-DeSouza, Indy [mailto:indy.butany@horizonutilities.com] Sent: January 25, 2011 1:00 AM To: 'boardsec@oeb.gov.on.ca'; 'awhite@ampco.org'; 'bharper@econalysis.ca'; 'Christine.dade@powerstream.ca'; 'colin.macdonald@powerstream.ca'; 'DavidMacIntosh@nextcity.com'; Sidlofsky, James C.; 'jgirvan@ca.inter.net'; 'mbuonaguro@piac.ca'; 'pfaye@rogers.com'; 'randy.aiken@sympatico.ca'; 'rwarren@weirfoulds.com'; 'shelley.grice@rogers.com'; 'wmcnally@opsba.org'; 'Jay Shepherd (jay.shepherd@canadianenergylawyers.com)' Cc: Keith C. Ritchie (Keith.Ritchie@oeb.gov.on.ca); 'Theodore Antonopoulos' Subject: FW: Emailing: HORIZON_IRR_EP_20110124 Please find attached Horizon Utilities' responses to Energy Probe interrogatories provided by for its 2011 EDR COS Application (EB-2010-0131). These have also been filed on RESS. Subsequent emails will provide Horizon Utilities' responses to intervenor interrogatories. Yours Truly, Indy Butany Your electronic submission to the Ontario Energy Board has been received. Please consider this email and the e-filing reference number 11727 as your confirmation of receipt. The following file(s) have been uploaded successfully: | HORIZON_IRR_EP_20110124.pdf | EP 33 RR Work Form.xls Indy J. Butany-DeSouza, MBA Vice President, Regulatory & Government Affairs Horizon Utilities Corporation Tel: (905) 317-4765 Cel: (416) 451-1822 indy.butany@horizonutilities.com -----Original Message----- From: Alexander, Bobbi-Anne Sent: January 25, 2011 12:45 AM To: Butany-DeSouza, Indy Subject: Emailing: HORIZON_IRR_EP_20110124 The message is ready to be sent with the following file or link attachments: HORIZON_IRR_EP_20110124 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. _________________________________________________ Reduce Your Carbon Footprint, Please Think Before You Print.