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ONTARIO ENERGY BOARD in the MATTER of The ONTARIO ENERGY BOARD IN THE MATTER OF the Ontario Energy Board Act, 1998, S.O. 1998, c.15 (Sched. B); AND IN THE MATTER OF an application by South Kent Wind LP for an Order or Orders pursuant to section 92 of the Ontario Energy Board Act, 1998 (as amended) granting leave to construct transmission facilities in Chatham-Kent, Ontario. LEAVE TO CONSTRUCT APPLICATION SOUTH KENT WIND LP June 14, 2011 EXHIBIT LIST Exh. Tab Sch. Title A - ADMINISTRATIVE A 1 1 Exhibit List 2 1 Application 3 1 Summary of the Pre-Filed Evidence B - APPLICANT'S PRE-FILED EVIDENCE B 1 1 The Applicant and its Partners 2 Organizational Chart 2 1 Need for the Proposed Facilities 2 Directive from the Minister of Energy to the Ontario Power Authority 3 1 Technical Description of the Proposed Facilities 2 Single Line Diagram of the Railbed Substation 3 Single Line Diagram of the Sattern Substation 4 Single Line Diagram of the Connection to the Chatham Substation 5 Single Monopole Design Illustration 4 1 Route for the Proposed Facilities 2 Map of the Project Route 3 Landowner Map/Illustration 4 Alternative Routes Considered 5 List of Affected Landowners 6 Forms of Land Agreements i) Private Landowners (farmland) ii) Municipal Landowner (road allowance) iii) Corridor 5 1 Community and Stakeholder Consultation 2 Notice of Proposal and First Public Meeting 3 List of Aboriginal Communities to Consult 6 1 Construction and In-Service Schedule 2 Gantt Chart 7 1 Other Regulatory Approvals 8 1 System Impact Assessment 2 Notification of Conditional Approval 9 1 Customer Impact Assessment ONTARIO ENERGY BOARD IN THE MATTER OF the Ontario Energy Board Act, 1998, S.O. 1998, c.15 (Sched. B); AND IN THE MATTER OF an application by South Kent Wind LP for an Order or Orders pursuant to section 92 of the Ontario Energy Board Act, 1998 (as amended) granting leave to construct transmission facilities in Chatham-Kent, Ontario. APPLICATION 1. The Applicant, South Kent Wind LP, is a limited partnership formed pursuant to the laws of Ontario. The Applicant's two limited partners are Pattern South Kent LP Holdings LP ("Pattern") and Samsung Renewable Energy Inc. ("Samsung"), each of which holds a 49.99% interest in the Applicant. South Kent Wind GP Inc., which is indirectly wholly owned by Samsung and affiliates of Pattern, is the general partner of the Applicant and holds 0.02% interest in the Applicant. 2. The Applicant hereby applies to the Ontario Energy Board (the "Board") pursuant to section 92 of the Ontario Energy Board Act, 1998 (the "Act") for an order or orders granting leave to construct the following facilities, all within the Municipality of Chatham-Kent: i. two 34.5/230 kV step-up substations (the "Collector Substations"); ii. an approximately 27 km 230 kV transmission line that will run between the Collector Substations (the "Corridor Line"); iii. an approximately 5.7 km 230 kV transmission line that will run from a tie- point on the Corridor Line to the Chatham SS owned by Hydro One Networks Inc. (the "Tie Line"); and iv. a fenced-in metering station with two meters to be located adjacent to the Chatham SS. 3. The facilities described in paragraph 2 are collectively referred to herein as the "Transmission Project". 4. As set out in the April 1, 2010 Directive from Energy Minister Brad Duguid to the Ontario Power Authority (the "Directive") (attached at Exhibit B, Tab 2, Schedule 2), the Government of Ontario has entered into a Green Energy Investment Agreement (the "Agreement") with Samsung C&T Corporation and Korea Electric Power Corporation (collectively the "Korean Consortium"). An affiliate of Pattern is Samsung’s development partner. 5. Under the terms of the Agreement, the Korean Consortium has agreed to develop 2,500 MW of wind and solar renewable generation projects in Ontario in five phases. The Agreement is structured such that Phase 1 provides for targeted generation capacity of 400 MW of Wind and 100 MW of solar with the targeted commercial operation date of March 31, 2013. 6. As part of the commitment under the Agreement to develop Phase 1, a 270-MW wind farm located within the Municipality of Chatham-Kent in southwestern Ontario (the "Wind Farm”) is being developed. The Wind Farm will further the Ontario Government's policy objective to increase the amount of renewable energy generation being added to the province's energy supply mix. In particular, the Wind Farm will contribute a total of 270 MW of clean, renewable energy to the provincial electricity grid. 7. The impetus of this Application is to construct the Transmission Project to connect the Wind Farm to the Independent Electricity System Operator ("IESO") controlled grid. 8. The Applicant plans to locate the 27 km Corridor Line within a 90-foot wide Canadian Southern Railway Company ("CSR") corridor that is currently subject to an abandonment process being undertaken by CSR. The Tie Line will be located on the properties of 9 private landowners and on a municipal right-of-way. 9. The Applicant is in the process of securing the necessary land rights for the Transmission Project. The landowners affected by this Application will be filed in confidence to protect their identities. 10. The IESO completed a System Impact Assessment Report ("SIA") for the Wind Farm and Transmission Project dated May 5, 2011. The Applicant has received a Notification of Conditional Approval of Connection Proposal from the IESO dated May 4, 2011. The IESO concluded that "the proposed connection will not result in material adverse impact on the reliability of the integrated power system". 11. Hydro One Networks Inc. ("Hydro One") completed a final Customer Impact Assessment Report ("CIA") for the Wind Farm and Transmission Project dated May 6, 2011. 12. Environmental approvals for the Wind Farm and Transmission Project are being obtained in accordance with the renewable energy approval process set out in Ontario Regulation 359/09 under the Environmental Protection Act. 13. The Transmission Project and the cost of connecting to HONI's Chatham SS will be paid for by the Applicant. Therefore the cost the Transmission Project and the connection to the Chatham SS will have no impact on transmission rates in Ontario. Discussions between the Applicant and HONI are ongoing regarding cost responsibility for any remote upgrades required by HONI to its transmission system. 14. This Application is supported by written evidence that is consistent with the July 17, 2006 Board staff proposal: Minimum Filing Requirements for Transmission and Distribution Rate Applications and Leave to Construct Projects. The Applicant's written evidence may be amended from time-to-time, prior to the Board's final decision on this Application. 15. The Applicant requests that pursuant to Section 34 of the Board's Rules of Practice and Procedure this proceeding be conducted by way of written hearing. 16. The Applicant requests that a copy of all documents filed with the Board in this proceeding be served on the Applicant and the Applicant's counsel as follows: (a) The Applicant: South Kent Wind LP 100 Simcoe Street, Suite 105 Toronto, Ontario M5H 3T4 Attention: Kim Sachtleben Telephone: (713) 308-4272 Fax: (713) 571-8004 Email: [email protected] (b) The Applicant's Counsel: Andrew Taylor, Energy Law 120 Adelaide Street West Suite 2500 Toronto, Ontario M5H 1T1 Attention: Andrew Taylor Telephone: (416) 644-1568 Fax: (416) 367-1954 Email: [email protected] Dated at Toronto, Ontario, this 14th day of June, 2011. South Kent Wind LP By its counsel Andrew Taylor EB-2011-0217 Exhibit A Tab 3 Schedule 1 Page 1 of 6 1 SUMMARY OF THE PRE-FILED EVIDENCE 2 3 1.0 The Applicant 4 The Applicant, South Kent Wind LP, is a limited partnership formed pursuant to the laws of 5 Ontario. The Applicant's two limited partners are Pattern South Kent LP Holdings LP 6 ("Pattern") and Samsung Renewable Energy Inc. ("Samsung"), each of which holds a 49.99% 7 interest in the Applicant. South Kent Wind GP Inc., which is indirectly wholly owned by 8 Samsung and affiliates of Pattern, is the general partner of the Applicant and holds 0.02% 9 interest in the Applicant. A more detailed description of the Applicant and its partners is at 10 Exhibit B, Tab 1, Schedule 1. An organizational chart that illustrates the ownership structure 11 of the Applicant is at Exhibit B, Tab 1, Schedule 2. 12 13 2.0 Approval Sought 14 The Applicant has applied to the Ontario Energy Board (the "Board") pursuant to section 92 15 of the Ontario Energy Board Act, 1998 (the "Act") for an order or orders granting leave to 16 construct the following facilities, all within the Municipality of Chatham-Kent: 17 18 i. two 34.5/230 kV step-up substations (the "Collector Substations"); 19 ii. an approximately 27 km 230 kV transmission line that will run between 20 the Collector Substations (the "Corridor Line"); 21 iii. an approximately 5.7 km 230 kV transmission line that will run from a tie- 22 point on the Corridor Line to the Chatham SS owned by Hydro One 23 Networks Inc. (the "Tie Line"); and 24 iv. a fenced-in metering station with two meters to be located adjacent to the 25 Chatham SS. 26 27 These facilities are collectively referred to in the pre-filed evidence as the "Transmission 28 Project". EB-2011-0217 Exhibit A Tab 3 Schedule 1 Page 2 of 6 1 2 3 3.0 Need for the Transmission Project 4 As set out in the April 1, 2010 Directive from Energy Minister Brad Duguid to the Ontario 5 Power Authority (the "Directive") (attached at Exhibit B, Tab 2, Schedule 2), the 6 Government of Ontario has entered into a Green Energy Investment Agreement (the 7 "Agreement") with Samsung C&T Corporation and Korea Electric Power Corporation 8 (collectively the "Korean Consortium").
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