File OF-Fac-IPL-H117-2020-01-01 29 April 2020

Chief Mary Duckworth Caldwell First Nation 14 Orange Street Leamington, ON N8H 1P5 Facsimile 519-332-1533 [email protected]

Dear Chief Duckworth:

Hydro One Networks Inc. International Power Line (IPL) Protection System Upgrade (OPGW) J5D EC-13 Project

The Energy Regulator (CER) is a federal regulator that regulates pipelines and electrical transmission lines across Canada, specifically lines that cross provincial boundaries and the border into the . The CER strives to build meaningful relationships with Indigenous peoples across the country who are potentially impacted by the infrastructure we regulate.

The CER is contacting you since your community may be impacted by a project for which the CER has received an application. On 9 March 2020 Hydro One Networks Inc. (Hydro One) submitted an application to perform work on international power line (IPL) J5D and facilities (“J5D OPGW Upgrade Project”) on certain sections of the IPL spanning from Windsor, , to Michigan, USA (the Application). The proposed project is known as the IPL Protection System Upgrade (OPGW) J5D EC-13 Project (the Project). Attached to this letter, you will find a summary of the project, a project map, and Hydro One contact information.

The Application is currently being assessed by the Commission of the CER (the Commission) and is publicly available on our website at A7E0K8. The Application and additional filings includes details of Hydro One’s engagement with potentially affected Indigenous peoples for the Project. It also includes information from Hydro One regarding any potential impacts the Project may have on the interests or rights of Indigenous1 peoples, and those measures proposed by Hydro One to address project-specific impacts.

…/2

1 The use of the term “Indigenous” has the meaning assigned by the definition of “aboriginal peoples of Canada” in subsection 35(2) of the Constitution Act, 1982 which states: In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit, and Métis peoples of Canada.

-2-

Where a proposed project may potentially affect the interests or rights of Indigenous peoples, the CER requires companies to begin engagement activities early in the planning of the project. In undertaking the required early engagement, a company should strive to understand the interests and rights of Indigenous peoples, how a project may affect Indigenous interests or rights, and discuss ways to mitigate any potential impacts. If the project is approved, a company must continue its engagement throughout the construction, operation, and eventual abandonment of the project.

This letter is being sent to you as Notice of the Application. If you have concerns about this proposed Project, the CER strongly encourages you to contact the company first to have those concerns considered. If you still have project-related views or concerns that you have not been able to resolve with the company, you may send a letter of comment to the CER.

The CER is aware that many Indigenous communities in Canada face increased challenges and risks associated with the COVID-19 pandemic, and have taken extra measures to protect their communities. The CER is dedicated to the safety and well-being of its staff, Indigenous peoples, and the public. The CER is providing additional time, if needed, for Indigenous communities to respond to Notices of Application from the CER, and you may send a letter of comment to the CER in relation to the project by 29 May 2020. The Commission will consider your letter of comment during its assessment of the Project.

If you provide any comments to the CER, please include the following:

 Reference to File OF-Fac-IPL-H117-2020-01-01;  Your name, mailing address, phone number, and name of the person or community that you represent;  Any concerns you may have about the Project and any comments with respect to potential impacts of the Project, including potential measures to address any impacts; and,  Any documentation and/or other submissions you feel explains or supports your letter.

The CER’s preferred filing method is online through its e-filing tool, which provides step-by-step instructions. You can submit your letter online using the “electronic document submission” (letter of comment e-file option) on our website. If you are unable to file a document online, it may be filed by email to [email protected] until further notice due to COVID-19 and our limited operational ability

You should also send a copy of your letter to Hydro One. The contact information for the company is attached in the Project Summary.

The Commission is the final decision-maker on this project. The Commission will fully assess the application, including the company’s engagement activities. The Commission will decide whether to approve or deny the project by weighing both the potential positive and negative impacts of the Project. Should the project be approved, conditions may be imposed that must be implemented by the company. The CER’s assessment process may fulfill the Federal Crown’s duty to consult, as the CER has the technical expertise and mandate to consider and address project impacts, including those affecting Indigenous rights and interests. The CER encourages Indigenous communities who are concerned that their established or potential Indigenous or Treaty rights and related interests could be affected by any project the Commission regulates, to make their concerns known to the Commission. Decisions by the Commission on applications must be consistent with the honour of the Crown.

-3-

If you have any questions about the process, or how to file your comments with the CER, please contact the Crown Consultation Lead through the CER’s toll free number at 1-800-899-1265 or by e-mail at [email protected].

Yours sincerely,

Original signed by S. Wong for

L. George Secretary of the Commission

Attachment – Project Summary and Map

c.c. Ms. Eryn MacKinnon [email protected]

Attachment to CER Letter dated 29 April 2020 page 1 of 2

Hydro One International Power Line (IPL) Protection System (OPGW) Upgrade J5D EC-13

Project Summary

Hydro One Networks Inc. (Hydro One) has applied for authorizations pursuant to s.69 of the Canadian Energy Regulator Act to perform work on international power line (IPL) J5D and facilities (“J5D OPGW Upgrade Project”) on certain sections of the IPL spanning from Windsor, Ontario, to Michigan, USA.

Hydro One is proposing to replace the IPL’s existing skywires with new optical ground wires (“OPGW”) along the route of the circuit, including the replacement and upgrade of the circuit’s telecom and protection equipment. Hydro One filed its application with the Canada Energy Regulator (CER) on 9 March 2020 with an anticipated in-service date in 12 March 2021.

IPL J5D is a 230 kV line that spans from Keith Transmission Station (Keith TS), Windsor, Ontario to Mid River Junction Waterman (at the border) and ultimately across the to the State of Michigan in the United States to the International Transmission Company-owned Waterman Transmission Station. The work will consist of the replacement of two shield-wires on the IPL J5D with two OPGWs between Hydro One’s Tower No. 7 on the Ontario side, and the International Transmission Company (ITC)’s Tower No. 2302 on the Michigan side, along with the installation of OPGW within Keith TS. Project work will occur predominately within the existing transmission corridors of IPL J5D and the Keith TS. The installation of OPGW cables will be completed using the pulling cable method. Relay replacement work will be performed within the existing Keith TS, specifically inside the relay and control building located in Keith TS. In Hydro One’s Keith TS, fiber cables will be laid in existing underground trenches from Hydro One’s Tower No. 3 to the Relay and Control building within the station fence of Keith TS.

If you would like to discuss details or require additional information about the Project, the CER encourages you to contact the applicant, Hydro One, directly at:

Ms. Eryn MacKinnon Hydro One Networks Inc. 7th Floor South Tower 483 Bay Street Toronto, ON M5G 2P5 Telephone: 416-345-4479 Email: [email protected]

If you would like a copy of the Application, it can be obtained from Hydro One. It can also be found on the CER’s website (http://www.cer-rec.gc.ca) by clicking on “Applications & Filings” under the heading “View Regulatory Documents”, entering the Document Number A7E0K8, and clicking on “Go”.

Attachment to CER Letter dated 29 April 2020 page 2 of 2

Hydro One International Power Line (IPL) Protection System (OPGW) Upgrade J5D EC-13