Giovanna J. Dragic

Senior Case Administrator

Legal Services & Board Secretary

Ontario Energy Board

2300 Yonge St., 27th floor

Toronto ON M4P 1E4



Tel: 416-440-7611

Fax: 416-440-7656

Toll Free: 1-888-632-6273

Email: giovanna.dragic@ontarioenergyboard.ca

Website: www.ontarioenergyboard.ca





_____

From: Tom Adams [mailto:tom.adams.energy@gmail.com]
Sent: February 3, 2012 3:00 PM
To: BoardSec
Cc: Sidlofsky, James C.; ajacko@uccm.ca; Gordon Potts; Catherine Bayne; beaudry, raymond; Rosemary Wakegijig Wiki; action@lsarc.ca; windconcerns@gmail.com
Subject: re. EB-2011-0394 re. Confidentiality, Adequacy of Notice, Housekeeping for intervenor contact information



Tom Adams
12 Sidford Court
Toronto, Ontario
M6S 2J4
Email: tom.adams.energy@gmail.com
Phone: 416-834-7442

February 3, 2012

Ontario Energy Board
P.O. Box 2319
27th Floor
2300 Yonge Street
Toronto ON M4P 1E4
Attention: Ms. Kirsten Walli
Board Secretary
E-mail: boardsec@ontarioenergyboard.ca

re. EB-2011-0394 re. Confidentiality, Adequacy of Notice, Housekeeping for intervenor contact information


These submissions are made on behalf of Manitoulin Coalition for Safe Energy Alternatives, Bayniche Conservancy, Lake Superior Action-Research-Conservation, Wind Concerns Ontario, Wikwemikong Elders, Community Members and Youth.




Confidentiality: Background

In its letter of November 22, 2011, McLean's Mountain Wind LP (McLean) has asked for five documents in its filing to be held in confidence. Those documents are:

(a) Exhibit E, Tab 1, Schedule 2 - Single Line Drawing of Proposed Electrical
Connection
(b) Exhibit E, Tab 1, Schedule 3 - Electrical Drawings of Transmission Facilities
(c) Exhibit E, Tab 1, Schedule 4 - Design Specifications and Operational Data:
Submarine Cable
(d) Exhibit E, Tab 1, Schedule 5 - Overhead Transmission Line Design and Stringing
Charts
(e) Exhibit G, Tab 1, Schedule 2 - Table of Lands Required for Transmission Facilities

The OEB Staff have provided submissions dated February 3, 2012.





Confidentiality: Submissions

My clients are concerned with the sweeping nature of McLean's confidentiality request. This is an example of a inadequate consultation by the proponent with the community that is impacted.

My clients support the submissions of Board Staff in all areas with only one requested change.

McLean is asking that the Board treat in confidence the "Table of Lands Required for Transmission Facilities". Board Staff concurs with McLean's request. My clients suggest that the document be produced on the public record although redacted to remove any personal information related to affected land owners. Except for the personal details, all of the information contained in the "Table of Lands Required for the Transmission Facilities" will be publicly available if construction is ever completed. For example, any severances or easements will be have to be recorded and can be found in the MPAC and municipal records.

In the event that the "Table of Lands Required for Transmission Facilities" refers to any lands acquired by, or planned to be acquired by, expropriation under the Electricity Act or any other legislation, we believe that full details should be provided on the public record.

If the Board rejects the submissions of Board Staff with respect to the documents identified as a,b,c, and d, we ask that in the alternative that the Board require McLean to ensure that the public record is complete with respect to the following facts:

- a detailed pictorial and written description of the tower designs to be employed, including an explanation as to whether the tower designs could in future be used for either larger conductors or additional circuits,
- a detailed written description of the conductors to be used both for overhead and submarine cables, including an explanation as to the maximum capacity of those conductors,
- a detailed written description of the physical protection to be provided for the submarine cable, a detailed map of the location of the cable which includes the depth of water before the placement of the cable and after, and a discussion of any aspect of the submarine cable component of the project that might have any impact on marine navigation, and
- a detailed map of the location of the proposed over head facilities including, exact tower or pole locations, the width of the right of way at all points, the lot numbers affected, details of the requirements for surrounding lands, the use of or changes in any road allowances and drainage, and any movements of fence lines required.


Adequacy of Notice

Northland/McLean's letter of Wednesday February 1, wherein Northland indicates yet another deficiency, indeed a breach, of its duties to the public under its Notice of Application and Hearing, represents a continuation of my clients concerns about the consultation practices of the applicant first articulated in our letter of January 23.

Northland has been actively developing its plans for Manitoulin Island industrialization since at least 2004. The company has made repeated claims to the public that it is following all requirements.

I have confirmed that at least one of my clients has received from Northland Power the landowner package that appears to be referred to in their letter of February 1st. This package contained a version of the Notice of Application and Hearing reflecting the error previously identified by Hydro One. The letter was dated December 22, 2011 but not received until January 9, 2012.

In light of these repeated problems, my clients ask that the Board observe its usual lenient practice with respect to late interventions and remind Mclean to meet its minimum disclosure obligations. In addition, we ask that McLean to provide a corrected version of the Notice to all landowners with the corrections identified.


Housekeeping

As a housekeeping matter for the list of intervenors, the intervenor identified as "Wikwemikong Unceded Indian Reserve" should be identified as Wikwemikong Elders, Community Members and Youth.



Mr. Beaudry's phone number is 705-368-3328.




Sincerely,

Tom Adams


copies:

Gordon Potts, Northland Power: gpotts@northlandpower.ca
Art Jacko, Mnidoo Mnising Power Limited Partnership: ajacko@uccm.ca
James Sidlofsky, Borden Ladner Gervais: jsidlofsky@blg.com
Intervenors