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From: Mark Rubenstein [mailto:mark.rubenstein@canadianenergylawyers.com]
Sent: September 11, 2015 3:19 PM
To: BoardSec; Maureen Helt; Martin Davies
Cc: colin.macdonald@powerstream.ca; jsidlofsky@blg.com; 'Tom Barrett'; DavidMacIntosh@nextcity.com; randy.aiken@sympatico.ca; mjanigan@piac.ca; markgarner@rogers.com; bharper@econalysis.ca; shelley.grice@rogers.com; awhite@ampco.org; jgirvan@uniserve.com; rgreey@gmail.com; tbrett@foglers.com; Marion.Fraser@rogers.com; dionisio.rivera@live.com; siaontario@gmail.com; wmcnally@opsba.org; jay.shepherd@canadianenergylawyers.com
Subject: EB-2015-0003 -- PowerStream -- SEC Motion Timing Information

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Maureen and Martin,

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Could you please bring this information to the attention of the Board panel, regarding the timing of a motion SEC may bring in this proceeding.

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At the Technical Conference held on September 9th, PowerStream refused on the basis of relevance to provide certain documents related to the proposed merger between itself, Horizon Utilities, Enersource, and Hydro One Brampton Networks Inc. SEC believes the merger is clearly relevant to the setting of rates for PowerStream’s customers. The forecast costs to serve PowerStream’s customers may no longer those that are set forth in the application. Thus, we received instructions to file a motion to compel answers to the Technical Conference questions.

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As we were preparing our motion material today, PowerStream kindly informed us that some of the information we requested may become public next week. It is PowerStream’s understanding that one of its shareholders, for the purposes of its own approval process, will be placing information about the merger on the public record on or before September 15th. That information may be responsive to at least some of the requests refused at the Technical Conference.

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In light of this new development, SEC believes it would not be an efficient use of the Board’s resources to file a motion until we have had an opportunity to review this forthcoming information.  Hopefully it will narrow the scope of any disputed disclosure.Â

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SEC therefore expects to be in a position to file any motion it may need to make by Thursday, September 17th.

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Mark

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Mark Rubenstein

Associate

Jay Shepherd Professional Corporation

Tel: 416-483-3300 | Fax: 416-483-3305

2300 Yonge Street, Suite 806, P.O. Box 2305 Toronto, ON, M4P 1E4

HYPERLINK "mailto:mark.rubenstein@canadianenergylawyers.com"mark.rubenstein@canadianenergylawyers.com

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

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