______________________

John Pickernell

Assistant Board Secretary

Ontario Energy Board

416-440-7605

Fax: 416-440-7656

Website: www.oeb.gov.on.ca <http://www.oeb.gov.on.ca/>

Official Correspondence: BoardSec@oeb.gov.on.ca



Address:

P.O. Box 2319

2300 Yonge Street 27th Floor

Toronto, ON

M4P 1E4

______________________





________________________________

From: Basil Alexander [mailto:basil.alexander@klippensteins.ca]
Sent: January 2, 2008 4:20 PM
To: Rodger, J.Mark
Cc: Christie Clark; regulatoryaffairs@torontohydro.com; Murray Klippenstein; Jack Gibbons; psardana@torontohydro.com; BoardSec; Robert B. Warren; Julie Girvan; David MacIntosh; sarah.griffiths@powerstream.ca; Bob Williams; John De Vellis; rachel.chen@ieai.ca; Michael R. Buonaguro; Roger Higgin
Subject: Re: EB-2007-0680 - Toronto Hydro - Response to Phone Call re: Needfor Hearing on Jan. 7 on Follow Up Questions



Hi Mark... With respect, Pollution Probe has a very different understanding of the purpose of the tentatively scheduled January 7th hearing day...

Based on the discussions between the parties regarding the schedule (which is reflected in the underlying intent of Procedural Order #3), Pollution Probe understands that the tentatively scheduled January 7th hearing is to deal with questions (from the parties) that arose from the undertaking responses... This day was particularly included as a backup since a number of responses were filed near or after the conclusion of the oral hearing (including Undertaking T6.5)... If no questions arose (or were dealt with through alternative ways, which Pollution Probe was attempting to do), the hearing would accordingly not be necessary... Pollution Probe further understands that January 7th was not intended to deal with argument related questions, particularly since argument was to be in written form with a day convened to answer all of the Board's questions (i.e . February 19, which, according to Procedural Order #3, is when questions would be asked on _all_ written submissions)...

I trust this is of assistance, and, as other intervenors may wish to comment, I'm cc'ing this email to the other parties for their reference...

Basil

Rodger, J.Mark wrote:

Basil, THESL will not be providing the additional information that you requested in your letter sent on the evening of December 21. By the date of your letter the oral phase of the hearing had been completed for some time and THESL's Argument in Chief had been filed with the Board and all parties. If Pollution Probe sought additional information there was ample opportunity to review such requests such during the hearing.



THESL understands that the session before the Board tentatively scheduled for January 7 is to deal with any questions the Board may have on THESL's argument in chief - its purpose is not to provide parties with a fresh opportunity to obtain new or additional information.



If you would like to discuss further please advise me and I can call you on Friday.



Thanks,



Mark Rodger



________________________________

From: Basil Alexander [mailto:basil.alexander@klippensteins.ca]
Sent: Wed 1/2/2008 2:59 PM
To: Christie Clark
Cc: Rodger, J.Mark; regulatoryaffairs@torontohydro.com; Murray Klippenstein; Jack Gibbons
Subject: EB-2007-0680 - Toronto Hydro - Response to Phone Call re: Need for Hearing on Jan. 7 on Follow Up Questions

Hi Christie... Further to our phone call earlier this afternoon, I can now advise that if Toronto Hydro shortly provides satisfactory responses to our request of December 21, 2007 (attached again for your ease of reference) and any follow up questions/inquiries that may result, Pollution Probe's follow up questions would be dealt with and a hearing day would thus not be needed for our follow up questions... In addition, since it came up, I can also advise for clarity that Pollution Probe currently has no follow up questions with respect to Appendix A of Toronto Hydro's argument-in-chief...

Thanks and hope this helps with your planning!!!

Basil

--
Basil Alexander, LL.B., M.P.A.
Klippensteins, Barristers & Solicitors
160 John St., Suite 300
Toronto ON M5V 2E5
tel.: 416-598-0288
fax: 416-598-9520
basil.alexander@klippensteins.ca

NOTE: This e-mail message is intended only for the named recipient(s) above and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received this message in error, or are not the named recipient(s), please immediately notify the sender and delete this e-mail message.



--
Basil Alexander, LL.B., M.P.A.
Klippensteins, Barristers & Solicitors
160 John St., Suite 300
Toronto ON M5V 2E5
tel.: 416-598-0288
fax: 416-598-9520
basil.alexander@klippensteins.ca

NOTE: This e-mail message is intended only for the named recipient(s) above and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received this message in error, or are not the named recipient(s), please immediately notify the sender and delete this e-mail message.