Â

Â

From: Dey, Debbie [mailto:ddey@foglers.com] On Behalf Of Brett, Thomas
Sent: September-11-13 3:21 PM
To: BoardSec; 'Hale, Angela'; 8081 Woodbind Investments Ltd - Beaver Valley Stone Limited; APPrO; APPrO; APPrO; Beverley Glen Ratepayer's Association; Beverley Glen Ratepayer's Association; BOMA; CCC; CCC; City of Kitchener; City of Markham; City of Toronto; City of Vaughan; CME; CME; CME; CME; Council of Canadians; Direct Energy Marketing Limited; Enbridge; Enbridge; Energy Probe; Energy Probe; Energy Probe; Environmental Defence; Environmental Defence; Environmental Defence; Environmental Defence; Environmental Defence; Frontenac Forest Estates; FRPO; Gaz Metro; Gaz Metro; GEC; GEC; GEC; GEC; IGUA; IGUA; Independent Participants; Independent Participants; Independent Participants; Independent Participants; Independent Participants; Indpendent Electricity System Operator SME; LPMA; Markham Gateway Inc.; Markham Gateway Inc.; Metrolinx; Metrolinx; Miller Paving Limited; Mississaugas of the New Credit First Nation; OPG; OPG; OPG; Regional Municipality of York; Regional Municipality of York; Regional Municipality of York; SEC; SEC; SEC; TCE; TCE; TCE; TCE; TCE; TCPL; TCPL; TCPL; TCPL; Toronto District School Board; Toronto District School Board; Toronto District School Board; Toronto Transit Commission; TransAlta; TransAlta; VECC; VECC
Cc: Hockin, Karen; Kitchen, Mark; csmith@torys.com
Subject: RE: EB-2012-0451/EB-2012-0433/EB-2013-0074

Â

Dear Ms. Walli,

Â

BOMA is pleased to see that TCPL and the three LDCs have apparently reached a settlement of some of their outstanding issues. BOMA argued for such collaborative approach, so as to minimize duplication of assets in EB-2011-0210 and was happy to see the Board called on the utilities to work together in its decision.

Â

Â

BOMA is writing in response to the letters sent earlier today by TCPL and Union Gas (on behalf of itself, Enbridge, and Gaz Metro) with respect to a Settlement Term Sheet, which was apparently reached yesterday among the four parties. BOMA requests that the Settlement Term Sheet be sent today to counsel for all of the intervenors in the joint proceedings who have signed confidentiality declarations. BOMA has done so. Intervenors' counsel should have copies of that material today, so as to prepare for discussion with the utilities tomorrow.

Â

Â

It is clear from the three paragraph summary in Ms. Smith's letter that the Settlement Term Sheet raises a number of issues relevant to the joint proceedings, including the impact of as yet unknown tolls on the calculation of purported benefits to ratepayers of both the Union and Enbridge proposals, the proposed route of TCPL's Kings North Project and its impact on the route, size and cost of Enbridge's proposed Segment A, the impact on compression requirements at Parkway West, and the scope of the exposure of Union and Enbridge and their ratepayers in the event TCPL is unable to meet its revenue requirement on the mainline, given the resulting tolls that are finally negotiated as part of the Settlement Agreement and approved by the NEB.

Â

Â

In BOMA's view, it may be necessary to postpone the commencement of the hearing to allow the intervenors' counsel an opportunity to reorganize their proposed examinations, in light of the Settlement Term Sheet and evidence filed today by Enbridge.

Â

Â

I hope you have found these comments useful.

Â

Â

Regards,

Â

Tom Brett (Counsel to BOMA)

Partner

Fogler, Rubinoff LLP

Lawyers

77 King Street West, Suite 3000

P.O. Box 95, TD Centre

Toronto, ONÂ M5K 1G8

Â

Direct Line (416) 941-8861

Fax (416) 941-8852

tbrettHYPERLINK "mailto:tbrett@foglers.com"@foglers.com

HYPERLINK "http://www.foglers.com/"www.foglers.com

Â

 _____ Â

From: Hale, Angela HYPERLINK "mailto:[mailto:ahale@uniongas.com]"[mailto:ahale@uniongas.com]
Sent: Wednesday, September 11, 2013 1:49 PM
To: 8081 Woodbind Investments Ltd - Beaver Valley Stone Limited; APPrO; APPrO; APPrO; Beverley Glen Ratepayer's Association; Beverley Glen Ratepayer's Association; Brett, Thomas; BOMA; CCC; CCC; City of Kitchener; City of Markham; City of Toronto; City of Vaughan; CME; CME; CME; CME; Council of Canadians; Direct Energy Marketing Limited; Enbridge; Enbridge; Energy Probe; Energy Probe; Energy Probe; Environmental Defence; Environmental Defence; Environmental Defence; Environmental Defence; Environmental Defence; Frontenac Forest Estates; FRPO; Gaz Metro; Gaz Metro; GEC; GEC; GEC; GEC; IGUA; IGUA; Independent Participants; Independent Participants; Independent Participants; Independent Participants; Independent Participants; Indpendent Electricity System Operator SME; LPMA; Markham Gateway Inc.; Markham Gateway Inc.; Metrolinx; Metrolinx; Miller Paving Limited; Mississaugas of the New Credit First Nation; OPG; OPG; OPG; Regional Municipality of York; Regional Municipality of York; Regional Municipality of York; SEC; SEC; SEC; TCE; TCE; TCE; TCE; TCE; TCPL; TCPL; TCPL; TCPL; Toronto District School Board; Toronto District School Board; Toronto District School Board; Toronto Transit Commission; TransAlta; TransAlta; VECC; VECC
Cc: Hockin, Karen; Kitchen, Mark; HYPERLINK "mailto:csmith@torys.com"csmith@torys.com
Subject: EB-2012-0451/EB-2012-0433/EB-2013-0074

Please find attached Union’s correspondence on behalf of Union Gas Limited and Enbridge Gas Distribution Inc. (together with Gaz Metro, the “LDCs”)

Â

Thank you.

Â

Angela Hale

Â

This email communication and any files transmitted with it may contain confidential and or proprietary information and is provided for the use of the intended recipient only. Any review, retransmission or dissemination of this information by anyone other than the intended recipient is prohibited. If you receive this email in error, please contact the sender and delete this communication and any copies immediately. Thank you.Â





 _____ Â


This communication may be solicitor/client privileged and contains confidential information intended only for the persons to whom it is addressed. Any other distribution, copying or disclosure is strictly prohibited. If you have received this message in error, please notify us immediately and delete this message from your mail box and trash without reading or copying it.

P Before printing, please consider the environment.

Â