Dear Ms. Frayne

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I am responding on behalf of Leila Azaiez to your email inquiry of October 14, 4:25pm regarding EB-2012-0458.

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Generally the Board only allows compensation of professional time for consultants and counsel, in accordance with the Board’s Practice Direction on Cost Awards. As set out in Procedural Order 1, costs for time spent directly by intervenors are generally not recoverable. As such, being the representative of the residents group are not generally recoverable.

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With respect to additional time to file your cost claim, I would suggest that you send a letter addressed to the Board Secretary, referencing the file number and requesting an extension to the date you have in mind and setting out the reasons for the request.

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Edik Zwarenstein
Project Advisor,
+ Ontario Energy Board
      Suite 2700, 27th Floor
      2300 Yonge St.
      Toronto ONT M4P 1E4
( Phone 416-440-7749
: Fax    416-440-7656
: E-mail HYPERLINK "mailto:edik.zwarenstein@ontarioenergyboard.ca"edik.zwarenstein@ontarioenergyboard.ca
PÂ Please don't print this e-mail unless you really need to.

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From: P. & A. Frayne HYPERLINK "mailto:[mailto:ninerubies@hurontel.on.ca]"[mailto:ninerubies@hurontel.on.ca]
Sent: October-15-13 10:35 AM
To: John Pickernell; Christiane Wong
Subject: Fw: EB 2012-0458

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Hi Mr. Pickernell & Ms. Wong:

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I am forwarding my emails to Ms. Azaiez and Ms. Walli to you as well. I am hoping someone can give me an email response to my questions today.Â

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I look forward to hearing from you.

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Thanks,

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Anita Frayne

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----- Original Message -----

From: HYPERLINK "mailto:ninerubies@hurontel.on.ca"P. & A. Frayne

To: HYPERLINK "mailto:boardsec@ontarioenergyboard.ca"Kirsten Walli

Sent: Tuesday, October 15, 2013 10:25 AM

Subject: Fw: EB 2012-0458

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Good Morning Ms. Walli:

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I understand that Leila is on holidays so I am forwarding my email to her to you for a response.

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I look forward to hearing from you at your earliest opportunity.

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Thanks,

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Anita Frayne

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----- Original Message -----

From: HYPERLINK "mailto:ninerubies@hurontel.on.ca"P. & A. Frayne

To: HYPERLINK "mailto:leila.azaiez@ontarioenergyboard.ca"Leila Azaiez

Sent: Monday, October 14, 2013 4:25 PM

Subject: EB 2012-0458

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Hello Leila:

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Hope all is well with you and that you had a nice Thanksgiving weekend.Â

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We received the Decision and Order on EB-2012-0458. I have a couple of questions with respect to same:

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1. On page 2 of Procedural Order No. 1, in the bottom paragraph, it states, "For example, costs for counsel and consultants are generally recoverable, but costs for time spent directly by intervenors are generally not recoverable." My question is: Am I allowed to claim for costs for the time required to perform the duties of the ACW Residents Group Representative?

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2. The Decision and Order was received on October 8th. All but one member of the ACW Residents Group are farmers. We are at the height of the harvest season. Under these circumstances, would it be reasonable for us to request that the Board consider an extension on the deadline for the filing of our cost claim?Â

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I look forward to hearing from you.

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Thanks,

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Anita Frayne

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On Behalf of the ACW Residents Group

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