EB Hydro One Networks' Section 99 Bruce to Milton Transmission Reinforcement project Application Filing

Transcription

1 Hydro One Networks Inc. th Floor, South Tower Bay Street Toronto, Ontario MG P Tel: () -00 Fax: () -0 Cell: () - Susan.E.Frank@HydroOne.com Susan Frank Vice President and Chief Regulatory Officer Regulatory Affairs BY COURIER February, 00 Ms. Kirsten Walli Secretary Ontario Energy Board Suite 00, 00 Yonge Street P.O. Box Toronto, ON. MP E Dear Ms. Walli: Hydro One Networks' Section Bruce to Milton Transmission Reinforcement project Application Filing I am attaching ten (0) copies of the Hydro One Networks' Application made pursuant to Section of the Ontario Energy Board Act for authority to expropriate interests in land for the purposes of constructing and operating the Bruce to Milton Transmission reinforcement Project. As you are aware, the Bruce to Milton Project was approved pursuant to Board Decision EB An electronic copy of the Application (text searchable acrobat format on CD) is also provided with this letter. Hydro One requests that documents filed with the Board in this proceeding be served on the Applicant and the Applicant s counsel, as follows The Applicant: Ms. Anne-Marie Reilly Senior Regulatory Coordinator - Regulatory Research and Administration Hydro One Networks Inc. Mailing Address: th Floor, South Tower Bay Street, Toronto, Ontario MG P Telephone: () - Fax: () - Electronic access: Regulatory@HydroOne.com

2 The Applicant s counsel: Mr. Gordon M. Nettleton Osler, Hoskin and Harcourt LLP Mailing Address: 00 King Street West First Canadian Place Suite 00, P.O. Box 0 Toronto, Ontario MX B Telephone: () - Fax: () - Electronic access: gnettleton@osler.com Sincerely, ORIGINAL SIGNED BY SUSAN FRANK Susan Frank Attach.

3 Page of ONTARIO ENERGY BOARD IN THE MATTER OF the Ontario Energy Board Act,, S.O., c., Sched. B (the Act ) AND IN THE MATTER OF section () of the Act AND IN THE MATTER OF an Application by Hydro One Networks Inc. for authority to expropriate land for the purpose of constructing and operating a 00 kilovolt double circuit transmission line between Kincardine, Ontario and Milton, Ontario APPLICATION February, 00

4 Page of 0 0 A. Introduction. Hydro One Networks Inc. ( Hydro One ) hereby applies to the Ontario Energy Board ( Board ) pursuant to section () of the Ontario Energy Board Act,, for authority to expropriate certain interests in the lands as more particularly described and shown in the plans and descriptions attached hereto. Hydro One requires expropriation authorization so that it may construct and operate a new 00 kilovolt double circuit transmission line known as the Bruce to Milton Transmission Reinforcement Project (the Project ) located between the Bruce Power Complex in Kincardine, Ontario and Hydro One s switching station in Milton, Ontario. B. Nature of the Project. Hydro One obtained leave of the Board to construct the Project on September, 00 pursuant to Ontario Energy Board Decision EB The Project will be constructed immediately adjacent to the existing transmission corridor extending from the Bruce Power Complex on the Lake Huron shore in the Municipality of Kincardine and will proceed in a south by south-east direction to Hydro One s Milton Switching Station located south-east of the interchange of James Snow Parkway and Highway 0 in the Town of Milton. Station modifications at the Bruce Power Complex and Milton will also be required to accommodate the Project transmission line. Attached hereto as Appendix is a map showing the location of the approved route for the Project and the locations of the stations.. On November, 00, the Ontario Minister of the Environment granted Notice of Approval to Proceed with the Undertaking in respect of the Project in accordance with section of the Environmental Assessment Act, R.S.O. 0 c. E-. Attached hereto as Appendix is a copy of the Notice of Approval. The Minister s approval was based on a review of Hydro One s

5 Page of 0 0 environmental assessment of the Project. The approval confirmed Hydro One s conclusions that on balance, the advantages of the Project outweigh its disadvantages and that the environmental effects of the Project can be appropriately prevented, changed and mitigated or remedied. Approval of Hydro One s environmental assessment therefore affirms the environmental acceptability of the Project, including its location on lands that are now the subject-matter of this Application. Approval from the Lieutenant Governorin-Council was granted by O.C. No. 0/00 on December, 00. C. Project Land Requirements. New permanent easement interests in land will typically be required for the construction and ongoing operation of the Project. Temporary easements will also be required during the period of construction for off-corridor access and construction activities. The new permanent easements will range from to metres in width depending on the width of the adjacent existing transmission corridor and in order to accommodate the overhead transmission line and supporting structures. In limited circumstances Hydro One is seeking authority to expropriate the fee simple interest in the owner s full parcel, where so requested and where either (i) major farm buildings or residences are located on the required lands and removal of those structures is necessary for the safe construction and operation of the line, or (ii) need for the required lands is deemed to negate the development potential of the full vacant parcel.. Following the issuance of Board Decision EB , Hydro One notified all directly affected land owners of its intention to present offers to voluntarily acquire land interests required for the Project. All voluntary offers presented to private property owners were consistent with Hydro One s Bruce to Milton Land Acquisition Compensation Principles

6 Page of 0 0 ( LACP ) which was filed with the Board during the EB proceedings. The LACP provided financial incentives and choices to private property owners in exchange for early and voluntary acquisition and resolution of land requirements necessary for the Project.. As of February, 00, Hydro One has reached agreement to voluntarily acquire necessary land rights to properties out of a total number of, or approximately % of all properties affected by the Project.. Despite Hydro One s ongoing efforts and preference to pursue voluntary acquisitions with property owners, Project scheduling and construction timing concerns now require all remaining property interests to be obtained through expropriation. Hydro One confirms property owners affected by this Application have been notified in writing of Hydro One s intentions to proceed and seek the relief now requested under this Application. D. Description of the Land Interests to be Expropriated. A description of the lands and the specific interests in lands to be expropriated is attached as Appendix. This list is inclusive of all remaining land interests Hydro One requires to access, construct and operate the Project. Hydro One has conducted a search of title sufficient to identify the current registered property owners, those who hold encumbrances on the lands, and those with any interest in the lands directly affected by this Application. The names of these individuals are listed, by property, in Appendix.. Attached hereto as Appendix are copies of the ortho-rectified aerial maps/plans showing the lands over which authority to expropriate the interests set out in Appendix is being requested and the registered owners thereof.

7 Page of In certain circumstances, final negotiations and formal transaction closings are underway with some of the registered property owners listed in Appendix. Inclusion of these properties and owners in Appendices and is based on the fact that transactions have not been completed as of this filing date. Following the issuance of any hearing process order into this Application, Hydro One will file an update to Appendices and in the event additional transactions have closed.. Hydro One can also advise the Board that the Niagara Escarpment Commission s decision to grant a development permit for the Project is currently under appeal. As a result, properties within the Niagara Escarpment Planning Area have not been included in this Application. Depending on the timing and outcome of this appeal, Hydro One will advise the Board of whether revisions will be made to this Application or if a separate application for expropriation authority in respect of such properties will be necessary. E. Public Interest. The expropriation authority requested herein is required in order for Hydro One to complete the safe and timely construction of the Project. The Project has been found to be in the public interest and was approved for construction pursuant to Ontario Energy Board Decision EB Notice of Approval to Proceed with the Project has been granted by the Minister of the Environment and the Lieutenant Governor-in-Council which further affirms the public interest of the Project and in particular, the environmental acceptability of locating the Project on lands that are now the subject-matter of this Application.. The Project facilities are needed to maintain a safe, reliable and adequate supply of electricity in the Province. The rights in the lands requested

8 Page of 0 herein are an integral part of the completion of the Project and therefore are necessary in the public interest.. Hydro One therefore requests an Order granting it the necessary authority to expropriate the land interests more particularly described in Appendix. In order to allow for major construction on expropriated lands to occur by the spring of 0, a decision into this application by the fall of 00 is requested. This would allow the necessary time for filing and registration of the expropriation plans after receipt of the decision.. Hydro One requests that a copy of all documents filed with the Board be served on the Applicant and the Applicant s counsel, as follows: a) The Applicant: Ms. Anne-Marie Reilly Senior Regulatory Coordinator - Regulatory Research and Administration Hydro One Networks Inc. Mailing Address: th Floor, South Tower Bay Street, Toronto, Ontario MG P 0 Telephone: () - Fax: () - Electronic access: Regulatory@HydroOne.com b) The Applicant s counsel: Mr. Gordon M. Nettleton Osler, Hoskin and Harcourt LLP Mailing Address: 00 King Street West First Canadian Place Suite 00, P.O. Box 0 Toronto, Ontario MX B 0 Telephone: () - Fax: () - Electronic access: gnettleton@osler.com

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