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From: Michael Wynia [mailto:mwynia@clearview.ca]
Sent: December-24-14 9:09 AM
To: BoardSec
Cc: 'iminott@stikeman.com'; Stavrakos, Konstantine J
Subject: RE: wpd Fairview Wind Incorporated - EB-2014-0226

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Dear Ms. Walli,

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We are in receipt to the Applicant’s reply and continue to review same. We dispute a number of assertions made, but in particular have concern with regard to the allegation concerning the Township’s adherence to procedural matters.

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We have re-examined both procedural orders with respect to the matter.

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We note that the municipality had requested an oral rather than written hearing.

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We note that Order 1 was very specific with regard to direction to the municipality requiring that the municipality, in addition to filing interrogatories and responses, also provide an alternative location and evidence related thereto. The municipality was not directed to provide any evidence other than with respect to an alternative location. The municipality complied with that order and provided a clear response as to why it could not provide an alternative and the evidence related thereto. The municipality received no further direction or interrogatories with respect to this aspect.

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We also note that the municipality was specifically directed by Board staff, in correspondence from the Board to the municipality, to address any concerns with respect to its concerns with the REA process and its relevance to these proceedings in its submissions pursuant to Board Order 2.

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The municipality therefore believes that it has complied with the orders of the Board and direction of staff, and that the municipality’s only opportunity to address the full evidence and case it sought to put forward was through the process set out in Order 2 and staff correspondence related thereto. We submit that if the evidence could not be submitted pursuant to Order 2, the municipality would have had no opportunity to fully set out its case.

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As the municipality relied in large part on the direction of staff as set out above, the municipality is putting forward its concerns through correspondence to staff. If this is more appropriately addressed through a motion to the Board, please so advise.

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Regards,

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Michael Wynia, MCIP, RPP

Director of Community Planning and Development/

Information and Technology Services

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From: Ingrid Minott HYPERLINK "mailto:[mailto:IMinott@stikeman.com]"[mailto:IMinott@stikeman.com]
Sent: Tuesday, December 23, 2014 2:20 PM
To: HYPERLINK "mailto:Boardsec@ontarioenergyboard.ca"Boardsec@ontarioenergyboard.ca; 'edik.zwarenstein@ontarioenergyboard.ca'; HYPERLINK "mailto:natasha.gocool@ontarioenergyboard.ca"natasha.gocool@ontarioenergyboard.ca; Michael Wynia; 'konstantine.stavrakos@gowlings.com'
Cc: Patrick Duffy; Jesse Long
Subject: wpd Fairview Wind Incorporated - EB-2014-0226

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Dear Ms. Walli,

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Pursuant to Procedural Order No. 2 dated December 2, 2014, attached please find the Applicant’s Reply to Clearview Township’s submissions. Hard copies will be delivered to the Ontario Energy Board by courier.

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Kind regards,

Ingrid

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Ingrid A. Minott

Tel : (416) 869-5580

Fax: (416) 947-0866

HYPERLINK "mailto:IMinott@stikeman.com"IMinott@stikeman.com

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