Lake Erie Connector ITC Confirmation of Compliance with (or Adherence to) Direction in Letter of Direction and Temporary Extension Canada Energy Regulator, Variance Request to Condition No. 2 of Certificate of Public Convenience and Necessity EC-056 (Variance Application)
ITC Confirmation of Compliance with (or Adherence to) Direction in Letter of Direction and Temporary Extension
Variance Request to Condition No. 2 of Certificate of Public Convenience and Necessity EC-056 (Variance Application) Issued on May 13, 2020
Lake Erie Connector ITC Confirmation of Compliance with (or Adherence to) Direction in Letter of Direction and Temporary Extension Canada Energy Regulator, Variance Request to Condition No. 2 of Certificate of Public Convenience and Necessity EC-056 (Variance Application)
Mailing Lists for Updated Notice of Variance Application
Lake Erie Connector Project: Agency Mailing List for Update Notice of Application to Vary Certificate EC-056 for the ITC Lake Erie Connector International Power Line Project (Variance Application)
Agency Organization Branch/Office First Name Last Name Position Address1 Address 2 City/Province/PC Phone Email Information Provided* Delivery Method Date of Delivery
Federal
Executive Director, Navigation Safety and Environmental Federal Transport Canada Naim Nazha 330 Sparks Street Ottawa, ON K1A 0N5 T: 613-991-3131 [email protected] Update Notice of Variance Application Email May 21, 2020 Programs
Federal Transport Canada Nicole Girard Director General, Navigation Protection Program 330 Sparks Street Ottawa, ON K1A 0N5 613-949-1699 [email protected] Update Notice of Variance Application Email May 21, 2020
Federal Canadian Coast Guard Sarnia District Andrew Martin Shift Supervisor 105 Christina Street South P.O. Box 2778 Sarnia, ON N7T 7W1 T:519-337-6221 [email protected] Update Notice of Variance Application Email May 21, 2020
Provincial
Provincial Ministry of Heritage, Sport, Tourism and Culture Industries Programs and Services Branch Kathryn Bryant Team Lead, Archaeology Program (Acting) 401 Bay St. Suite 1700 Toronto ON, M7A 0A7 T: 416-314-5192 kathryn.bryant@ontario.ca Update Notice of Variance Application Email May 21, 2020
Provincial Ministry of Heritage, Sport, Tourism and Culture Industries Programs and Services Branch James Hamilton Manager, Heritage Program Unit 401 Bay St. Suite 1700 Toronto, ON M7A 0A7 T: 416-212-7505 [email protected] Update Notice of Variance Application Email May 21, 2020
Provincial Ministry of Heritage, Sport, Tourism and Culture Industries Regional Services and Corporate Support Branch Chris Stack Manager, West Region 4275 King Street 2nd Floor Kitchener, ON, N2P 2E9 T:647-998-5265 [email protected] Update Notice of Variance Application Email May 21, 2020
Provincial Ministry of Energy, Northern Development and Mines Strategic, Network and Agency Policy Division Andrea Pastori Cabinet Liaison & Strategic Policy Coordinator 77 Grenville St. 6th Floor Toronto, ON M7A 1B3 T: 416-274-2126 [email protected] Update Notice of Variance Application Email May 21, 2020
Provincial Ministry of Energy, Northern Development and Mines Minister's Office Carlo Oliviero Chief of Staff 77 Grenville St. 10th Floor Toronto, ON M7A 1B3 T: 416-327-0687 [email protected] Update Notice of Variance Application Email May 21, 2020
Provincial Ministry of Natural Resources and Forestry Guelph District Jennifer Harvard Lands & Waters Technical Specialist 1 Stone Road W Ontario Government Building Guelph, ON N1G 4Y2 T: 519-826-4933 [email protected] Update Notice of Variance Application Email May 21, 2020
Provincial Ministry of Natural Resources and Forestry Guelph District Joad Durst Resources Management Supervisor 4890 Victoria Ave N PO Box 5000 Vineland, ON L0R 2E0 T:905-562-1175 [email protected] Update Notice of Variance Application Email May 21, 2020
Provincial Ministry of Natural Resources and Forestry Lake Erie Management Unit Brian Locke Manager 320 Milo Rd Wheatley, ON N0P 2P0 T: 519-825-7711 [email protected] Update Notice of Variance Application Email May 21, 2020
Provincial Ministry of Natural Resources and Forestry Petroleum Operations Section Susan Mancini Manager 659 Exeter Road Exeter Road Complex London, ON N6E 1L3 T: 519-873-4635 [email protected] Update Notice of Variance Application Email May 21, 2020
Municipal
Municipal Haldimand County Emergency Services Al Gee Fire Prevention Officer, Emergency Services Division 11 Thorburn St S PO Box 911 Cayuga, ON N0A 1E0 T: 905-318-5932 x6242 [email protected] Update Notice of Variance Application Email May 21, 2020
Municipal Haldimand County Caledonia Centre Public Works Operations Phil Mete General Manager, Public Works Operations 3-100 Haddington Street Caledonia, ON N3W 2N4 T:905-318-5932 ext. 6501 [email protected] Update Notice of Variance Application Email May 21, 2020
Municipal Haldimand County Environmental Services Division Environmental Operations Jeff Oakes Manager, Environmental Operations 1162 Kohler Road Cayuga, ON N0A 1E0 T:905-318-5932 ext. 6156 [email protected] Update Notice of Variance Application Email May 21, 2020
Municipal Haldimand County Clerk Evelyn Eichenbaum Clerk 45 Munsee St. S. PO Box 400 Cayuga, ON N0A 1E0 T:905-318-5932 [email protected] Update Notice of Variance Application Email May 21, 2020
Municipal Haldimand County Office of the Mayor Ken Hewitt Mayor 45 Munsee St. N. PO Box 400 Cayuga ON N0A 1E0 T:905-318-5932 ext. 6101 [email protected] Update Notice of Variance Application Email May 21, 2020
Municipal Haldimand County Office of the Mayor Donna Chausse Executive Assistant to the Mayor and Council 45 Munsee St. N. PO Box 400 Cayuga, ON N0A 1E0 T: 905-318-5932 ext.6102 [email protected] Update Notice of Variance Application Email May 21, 2020
Municipal Haldimand County Engineering Services Michael King Project Manager, Municipal Infrastructure 282 Argyle S. South Caledonia, ON N3W 1K7 T: 905-318-5932 [email protected] Update Notice of Variance Application Email May 21, 2020
Municipal Haldimand County Engineering Services Division Kris Franklin Manager, Engineering Services 282 Argyle S. South Caledonia, ON N3W 1K7 T:905-318-5932 ext. 6438 [email protected] Update Notice of Variance Application Email May 21, 2020
Municipal Haldimand County Planning and Development Peter Minkiewicz Supervisor. Development Services 1 Main St. S. Hagersville, ON N0A 1H0 T: 905-318-5932 ext 6208 [email protected] Update Notice of Variance Application Email May 21, 2020
Municipal Haldimand County Planning and Development Joseph Kuriger Water & Wastewater Operations 1 Main St. S. Hagersville, ON N0A 1H0 T: 905-318-5932 x6129 [email protected] Update Notice of Variance Application Email May 21, 2020
Municipal Haldimand County Planning and Development Benjamin Kissner Planner 1 Main St. S. Hagersville, ON N0A 1H0 T: (905) 318-5932 x6203 [email protected] Update Notice of Variance Application Email May 21, 2020
Municipal Haldimand County Engineering Services Division Tyson Haedrich General Manager Engineering & Capital Works 282 Argyle Street S. Caledonia, ON N3W 1K7 T: 905-318-5367 ext. 6437 [email protected] Update Notice of Variance Application Email May 21, 2020
Municipal Long Point Region Conservation Authority Dana McLachlan Administrative Assistant 4 Elm St. Tillsonburg, ON N4G 0C4 T: 519-842-4242 x221 [email protected] Update Notice of Variance Application Email May 21, 2020
Notes: * Full document title = Update: Notice of Application to Vary Certificate EC-056 for the ITC Lake Erie Connector International Power Line Project (Variance Application) = Contact removed from list following distribution of Notice on May 21 (at request of stakeholder or due to staffing changes). Lake Erie Connector Project: Non-Agency Mailing List for Update Notice of Application to Vary Certificate EC-056 for the ITC Lake Erie Connector International Power Line Project (Variance Application)
Agency/Organization First Name Last Name Position Address1 Address 2 City/Province/PC Phone Email Information Provided* Delivery Method Date of Delivery
Utilities
Hydro One Networks Inc. Jim Oriotis Real Estate Management 185 Clegg Road Markham ON, L6G 1B7 T:905-946-6261 [email protected] Update Notice of Variance Application Email May 21, 2020
Hydro One Networks Inc. Mark Poweska President and CEO [email protected] Update Notice of Variance Application Email May 21, 2020
Hydro One Networks Inc. Randy J. Church Manager, Project Development and Oversight 483 Bay Street South Tower, 8th Floor Toronto, ON M5G 2P5 [email protected] Update Notice of Variance Application Email May 21, 2020
Hydro One Networks Inc. Matey Matev Project Development Coordinator 483 Bay Street 13th Floor, North Tower Toronto, ON M5G 2P5 T: 416-345-6709 [email protected] Update Notice of Variance Application Email May 21, 2020
Hydro One Networks Inc. Mladen Jeftić Network Management Engineer - Project Delivery Dept. T: 416-345-1361 [email protected] Update Notice of Variance Application Email May 21, 2020
Hydro One Networks Inc. Olivera Radinovic Environmental Planner 483 Bay Street 14th Floor, North Tower Toronto, ON, M5G 2P5 T: 416-345-6598 [email protected] Update Notice of Variance Application Email May 21, 2020
Hydro One Networks Inc. Sarwar Rab Project Engineer, E&PD 483 Bay Street 14th Floor, North Tower Toronto, ON, M5G 2P5 T: 416-345-6510 [email protected] Update Notice of Variance Application Email May 21, 2020
Hydro One Networks Inc. Jamie Michael Design Engineer Specialist - Lines, Transmission Engineering 483 Bay Street 15th Floor, North Tower Toronto, ON, M5G 2P5 T: 416-345-4563 [email protected] Update Notice of Variance Application Email May 21, 2020
Hydro One Networks Inc. Gene Ng [email protected] Update Notice of Variance Application Email May 29, 2020
Independent Electricity System Operator (IESO) Peter Gregg President and CEO 1600-120 Adelaide St. W Toronto, ON M5H 1T1 [email protected] Update Notice of Variance Application Email May 21, 2020
Independent Electricity System Operator (IESO) Leonard Kula VP, Markets & Resource Development 1600-120 Adelaide St. W Toronto, ON M5H 1T1 [email protected] Update Notice of Variance Application Email May 21, 2020
Independent Electricity System Operator (IESO) Michael Lyle VP, Planning, Law and Aboriginal Relations 1600-120 Adelaide St. W Toronto, ON M5H 1T3 [email protected] Update Notice of Variance Application Email May 21, 2020
Independent Electricity System Operator (IESO) Miriam Heinz Regulatory Coordinator 1600-120 Adelaide St. W Toronto, ON M5H 1T1 T:416-969-6045 [email protected] Update Notice of Variance Application Email May 21, 2020
Hard Copy Mail Enbridge Gas Distribution Inc. Usman Akhtar Planning & Design Analyst 500 Consumers Road North York, ON M2J 1P8 Update Notice of Variance Application May 21, 2020 (Standard Delivery)
Bell Canada Lynn Chaput Municipal Operations Centre 100 Borough Drive, Floor 5 Blue Scarborough, ON M1P 4W2 [email protected] Update Notice of Variance Application Email May 21, 2020
Bell Canada Chris Gill Access Network Manager IM/Civil 20 Hunter St. W. Floor 6 Hamilton, ON L8N 3H2 T: 289-260-3934 [email protected] Update Notice of Variance Application Email May 21, 2020
Cogeco Cable 999 Upper Wentworth St. Hamilton, ON L9A 4X5 [email protected] Update Notice of Variance Application Email May 21, 2020
Stelco Andrew Sebestyen Environmental Manager Hamilton, ON [email protected] Update Notice of Variance Application Email May 21, 2020
Union Gas Limited T: 289-649-2030 x5213038, Union Gas Nadwa Elbadri Hamilton District Engineering EIT Stoney Creek, ON L8E 5M4 [email protected] Update Notice of Variance Application Email May 21, 2020 918 S Service Rd C: 905-515-7951 T: 519-436-4600 x5004011 Union Gas John Shore Principal Engineer, Corrosion Engineering 50 Keil Drive North Chatham, ON N7M 5M1 [email protected] Update Notice of Variance Application Email May 21, 2020 M: 519-365-3644 Environmental & Regulatory Lead Imperial Oil Laura Robertson Main line 1-519-587-7000 [email protected] Update Notice of Variance Application Email May 21, 2020 Nanticoke Refinery T: 519-587-4565, Veolia Water Duane Rutter Project Manager WTP [email protected] Update Notice of Variance Application Email May 21, 2020 C: 289-683-6006 T: 519 433 7710 Lagasco Inc. Scott Lewis 1030 Adelaide St. S Unit B London, ON N6E 1R6 [email protected] Update Notice of Variance Application Email May 21, 2020 Cell: 519 871 0876
Lagasco Inc. Jane Lowrie President 1030 Adelaide St. S Unit B London, ON N6E 1R6 [email protected] Update Notice of Variance Application Email May 21, 2020
Genesee & Wyoming Railroad Services Inc. Donna Killingsworth Real Estate Manager 13901 Sutton Park Dr., S. Suite 160 Jacksonville, FL 32224 T:904-900-6286 [email protected] Update Notice of Variance Application Email May 21, 2020
Ontario Power Generation Ken Hartwick President and CEO 700 University Avenue Toronto, ON M5G 1X6 [email protected] Update Notice of Variance Application Email May 21, 2020
Ontario Power Generation Dennis Randall Project Site Manager, Nanticoke, ETS, Renewable Energy 34 Haldimand Rd #55 Nanticoke, ON, N0A 1L0 T: 519-427-4635 [email protected] Update Notice of Variance Application Email May 21, 2020
Niagara-on-the-Lake, Ontario Power Generation Dan Roorda Production Manager, Southwest Operations 14000 Niagara River Parkway T: 905-357-0322 ext. 2953 [email protected] Update Notice of Variance Application Email May 21, 2020 Ontario, L0S 1J0
Ontario Power Generation (OPG) Ryan Ball T:416-231-4111 ext. 4107 [email protected] Update Notice of Variance Application Email May 21, 2020
Ontario Power Generation Talitha Laurenson Real Estate Consultant 700 University Ave. Toronto, ON M5G 1X6 T:416-592-8115 [email protected] Update Notice of Variance Application Email May 21, 2020
Ontario Power Generation Cathie Sanford Real Estate Strategy Manager 700 University Ave. Toronto, ON M5G 1X6 [email protected] Update Notice of Variance Application Email May 21, 2020
Ontario Power Generation Ralph Curitti Project Manager [email protected] Update Notice of Variance Application Email May 21, 2020
Ontario Power Generation Ray Davies Sr. Manager Real Estate Services [email protected] Update Notice of Variance Application Email May 21, 2020
Telecon Wamid Shamon Senior Project Engineer - Structural - Central Canada 7777 Weston Rd. Vaughan, ON L4L 0G9 T: 289-657-8344 [email protected] Update Notice of Variance Application Email May 21, 2020
Non Governmental Organizations
Save Ontario Shipwrecks Chris Phinney Provincial President 75 Industrial Ave Blenheim, ON N0P 1A0 [email protected] Update Notice of Variance Application Email May 21, 2020
Save Ontario Shipwrecks, Port Dover Chapter Jim Murphy Historical Marine Documenter, Lake Erie P.O. Box 2389 Blenheim, ON N0P 1A0 [email protected] Update Notice of Variance Application Email May 21, 2020
Save Ontario Shipwrecks, Hamilton Chapter Jennifer Bush [email protected] Update Notice of Variance Application Email May 29, 2020
Elmcrest Tracey Pirso 109 Gillard Ave. Toronto, ON M4J 4N7 T: 416-432-3037 [email protected] Update Notice of Variance Application Email May 21, 2020
Local Business Stakeholders
Hard Copy Mail Current Occupant Update Notice of Variance Application May 21, 2020 (Standard Delivery) Hard Copy Mail Hoover’s Marina Limited c/o Darrin Smith Update Notice of Variance Application May 21, 2020 (Standard Delivery) Hard Copy Mail Wilkinson Erosion Control Ltd. Update Notice of Variance Application May 21, 2020 (Standard Delivery)
Notes: * Full document title = Update: Notice of Application to Vary Certificate EC-056 for the ITC Lake Erie Connector International Power Line Project (Variance Application) = Contact added to list following distribution of Notice on May 21 (at request of stakeholder or as an alternate contact). = Contact removed from list following distribution of Notice on May 21 (at request of stakeholder or due to staffing changes). Lake Erie Connector Project: Indigenous Mailing List for Update Notice of Application to Vary Certificate EC-056 for the ITC Lake Erie Connector International Power Line Project (Variance Application)
Indigenous Peoples Title First Name Last Name Position Address1 Address 2 City/Province/PC Phone Email Information Provided* Delivery Method Date of Delivery
Aamjiwnaang First Nation Ms. Sharilyn Johnson Environment Coordinator Update Notice of Variance Application Email May 21, 2020
Alderville First Nation Chief Dave Mowat Chief Update Notice of Variance Application Email May 21, 2020
Association of Iroquois and Allied Indians Chief Joel Abram Grand Chief Update Notice of Variance Application Email May 21, 2020
Beausoleil First Nation Chief Guy Monague Chief Update Notice of Variance Application Email May 21, 2020
Bkejwanong (Walpole Island) First Nation Chief Daniel Miskokomon Chief Update Notice of Variance Application Email May 21, 2020
Caldwell First Nation Chief Mary Duckworth Chief Update Notice of Variance Application Email May 21, 2020
Caldwell First Nation Nikki van Oirschot Director of Operations Update Notice of Variance Application Email May 29, 2020
Chippewas of Georgina Island First Nation Chief Donna Big Canoe Chief Update Notice of Variance Application Email May 21, 2020
Chippewas of Kettle and Stony Point First Nation Chief Jason Henry Chief Update Notice of Variance Application Email May 21, 2020
Chippewas of Rama First Nation Chief Rodney Noganosh Chief Update Notice of Variance Application Email May 21, 2020
Chippewas of the Thames First Nation Chief Jacqueline French Chief Update Notice of Variance Application Email May 21, 2020
Chippewas of the Thames First Nation Fallon Burch Consultation Coordinator Update Notice of Variance Application Email May 21, 2020
Curve Lake First Nation Chief Emily Whetung Chief Update Notice of Variance Application Email May 21, 2020
Delaware Nation at Moraviantown Chief Denise Stonefish Chief Update Notice of Variance Application Email May 21, 2020
Email and Hard Copy Mail Haudenosaunee Confederacy Chiefs Council Aaron Detlor legal counsel Update Notice of Variance Application May 21, 2020 (Standard Delivery) Haudenosaunee Confederacy Chiefs Council c/o Todd Williams Update Notice of Variance Application Email May 21, 2020 Haudenosaunee Development Institute
Hiawatha First Nation Chief Laurie Carr Chief Update Notice of Variance Application Email May 21, 2020
Métis Nation of Ontario Ms. Margaret Froh President Update Notice of Variance Application Email May 21, 2020
Director of Lands, Resources and Métis Nation of Ontario Linda Norheim Update Notice of Variance Application Email May 21, 2020 Consultations Métis Nation of Ontario, Clear Waters Métis Community Mr. Jerry Clarke President Update Notice of Variance Application Email May 21, 2020 Council Métis Nation of Ontario, Credit River Métis Community Ms. Karen Derocher President Update Notice of Variance Application Email May 21, 2020 Council Métis Nation of Ontario, Grand River Métis Community Ms. Jennifer Parkinson President Update Notice of Variance Application Email May 21, 2020 Council Métis Nation of Ontario, Niagara Region Métis Community Mr. Derrick Pont President Update Notice of Variance Application Email May 21, 2020 Council Métis Nation of Ontario, Oshawa & Durham Region Métis Carolyn Holland President Update Notice of Variance Application Email May 21, 2020 Community Council Métis Nation of Ontario, Toronto & York Region Métis Shirley Debassige President Update Notice of Variance Application Email May 21, 2020 Community Council Director, Department of Consultation Mississaugas of New Credit First Nation Mr. Mark LaForme Update Notice of Variance Application Email May 21, 2020 and Accommodation Email and Hard Copy Mail Mississaugas of the Credit First Nation Chief R. Stacey LaForme Chief Update Notice of Variance Application May 21, 2020 (Standard Delivery)
Mississaugas of Scugog Island Chief Kelly LaRocca Chief Update Notice of Variance Application Email May 21, 2020
Mohawk Council of Akwesasne Grand Chief Abram Benedict Grand Chief Update Notice of Variance Application Email May 21, 2020
Manager, Aboriginal Rights and Mohawk Council of Akwesasne Ms. Cactus Cook Sunday Update Notice of Variance Application Email May 21, 2020 Research Hard Copy Mail Mohawk Council of Kahnawà:ke Grand Chief Joseph Tokwiro Norton Grand Chief Update Notice of Variance Application May 21, 2020 (Standard Delivery)
Mohawk Council of Kahnawà:ke Brittany Diabo Technician Consultation Committee Update Notice of Variance Application Email May 21, 2020
Mohawk Council of Kanesatà:ke Grand Chief Serge Simon Grand Chief Update Notice of Variance Application Email May 21, 2020
Mohawks of the Bay of Quinte First Nation Chief R. Donald Maracel Chief Update Notice of Variance Application Email May 21, 2020
Mohawks of the Bay of Quinte First Nation Angela Maracle Senior Director of Operations Update Notice of Variance Application Email May 21, 2020
Mohawks of the Bay of Quinte First Nation David Souliere Chief Administrative Officer Update Notice of Variance Application Email May 21, 2020
Munsee-Delaware Nation Chief Mark Peters Chief Update Notice of Variance Application Email May 21, 2020
Nation Huronne Wendat Grand Chief Konrad H. Sioui Grand Chief Update Notice of Variance Application Email May 21, 2020
Oneida Nation of the Thames Chief Jessica Hill Chief Update Notice of Variance Application Email May 21, 2020
Six Nations of the Grand River Mr. Lonny Bomberry Land & Resources Director Update Notice of Variance Application Email May 21, 2020
Lands & Resources Consultation Six Nations of the Grand River Ms. Joanne Thomas Update Notice of Variance Application Email May 21, 2020 Supervisor
Southern First Nations Secretariat Ms. Jennifer Whiteye Executive Director Update Notice of Variance Application Email May 21, 2020
Wahta Mohawks Chief Philip Franks Chief Update Notice of Variance Application Email May 21, 2020
Wahta Mohawks Murray Maracle Senior Administrator Update Notice of Variance Application Email May 21, 2020
Notes: * Full document title = Update: Notice of Application to Vary Certificate EC-056 for the ITC Lake Erie Connector International Power Line Project (Variance Application) = Contact added to list following distribution of Notice on May 21 (at request of stakeholder or as an alternate contact). Lake Erie Connector Project: Landowner Mailing List for Update Notice of Application to Vary Certificate EC-056 for the ITC Lake Erie Connector International Power Line Project (Variance Application)
First Name Last Name Address1 Address 2 City/Province/PC Information Provided* Delivery Method Date of Delivery
Hard Copy Mail To ensure confidentiality of the affected landowners, a copy of the landowner mailing list has not been included. Update Notice of Variance Application May 21, 2020 (Standard Delivery)
Notes: * Full document title = Update: Notice of Application to Vary Certificate EC-056 for the ITC Lake Erie Connector International Power Line Project (Variance Application) Lake Erie Connector ITC Confirmation of Compliance with (or Adherence to) Direction in Letter of Direction and Temporary Extension Canada Energy Regulator, Variance Request to Condition No. 2 of Certificate of Public Convenience and Necessity EC-056 (Variance Application)
Copy of Distributed Update Notice of Variance Application
May 21, 2020
Update: Notice of Application to Vary Certificate EC-056 for the ITC Lake Erie Connector International Power Line Project (Variance Application)
On June 26, 2017, the National Energy Board, now the Canadian Energy Regulator (CER), issued a Certificate of Public Convenience and Necessity (Certificate) to ITC Lake Erie Connector LLC (ITC) in relation to the Lake Erie Connector Project (Project). Condition No. 2 of the Certificate provides that the Certificate will expire three years from the date of issuance unless construction of the Project had commenced by that date.
On October 4, 2019, ITC submitted an application to the CER to vary Condition No. 2 of the Certificate to extend the date for the commencement of construction (Variance Application), which is available on the CER REGDOCS website at: https://apps.cer-rec.gc.ca/REGDOCS/Item/View/3871607.
A notification regarding the Variance Application was issued by ITC on January 31, 2020. The notification stated that a one-year extension was sought to extend the date for the start of construction from June 26, 2020 to June 15, 2021.
To clarify, the Variance Application requested that the CER vary Condition No. 2 of the Certificate by extending the date for the start of construction by two years from June 26, 2020 to June 26, 2022. The current construction schedule filed with the application indicates that it is ITC’s intent to commence construction as of June 15, 2021; however, an extension to June 26, 2022 was sought to allow time to address any uncertainties that could arise.
The CER has requested that an updated notice of application be issued to clarify that the requested extension in the Variance Application is for a two year period (Attachment 1, CER Letter of Direction).
Overall significant progress has been made on the Project since the Certificate was issued. A majority of the primary permits in both Canada and the United States have been secured at this time. Throughout, ITC continues to engage affected stakeholders, agencies, Indigenous communities, and landowners, including on the requested Variance Application. An extension of the Certificate to allow construction to commence before June 26, 2022 is necessary for ITC to complete project cost refinements and secure transmission service agreements.
ITC is not proposing to make any physical changes to the Project that was approved by the CER.
The CER has issued a temporary extension to December 26, 2020, so that it can fully assess the Variance Application. A copy of the letter granting the temporary extension is attached (Attachment 2, CER Temporary Extension).
hdrinc.com 100 York Boulevard, Suite 300, Richmond Hill, ON, CA L4B 1J8 (289) 695-4600
If you have any questions or comments related to the Variance Application for the Project, please respond via email or letter (contact information provided below) within four weeks of issuance of this notification.
Project Contact: Project Email HDR Inc. [email protected] 100 York Boulevard, Suite 300 Richmond Hill, ON L4B 1J8 Project Website / Information Attention: Ryan Doyle, Project Manager https://www.itclakeerieconnector.com
Thank you.
Attachment 1: CER Letter of Direction
Attachment 2: CER Temporary Extension
File OF-Fac-IPL-1175-2015-01-02 13 May 2020
Mr. Patrick Duffy Stikeman Elliot 5300 Commerce Court West 199 Bay Street Toronto, ON M5L 1B9 Email [email protected]
Dear Mr. Duffy:
ITC Lake Erie Connector LLC (ITC) ITC Lake Erie Connector International Power Line Variance Request to Condition No. 2 of Certificate of Public Convenience and Necessity EC-056 (Variance Application) Letter of Direction
On 26 June 2017, the National Energy Board1 issued Certificate of Public Convenience and Necessity EC-056 (Certificate) to ITC for the ITC Lake Erie Connector International Power Line (Project). Condition No. 2 of the Certificate provides that unless the National Energy Board otherwise directs, the Certificate shall expire on 26 June 2020, unless construction commences by that date (Condition No. 2).
On 4 October 2019, ITC filed an application with the Commission of the Canada Energy Regulator (Commission) requesting the Commission vary Condition No. 2 of the Certificate by extending the expiration clause by two years, to 26 June 2022 (Variance Application).
On 16 March 2020, ITC filed its supplementary response to Information Request (IR) No. 3 (Supplementary Response) (C05230-2). In this response, ITC indicated that it had notified all potentially affected agency and non-agency stakeholders, landowners and Indigenous peoples of the Variance Application.
Issued on the same date with this Letter of Direction, the Commission issued a letter (C06266) temporarily extending the expiration date set out in Condition No. 2 of the Certificate from 26 June 2020 to 26 December 2020, in order for the Commission to have additional time to fully assess the Variance Application.
…/2
1 The CER Act came into force on 28 August 2019 and the National Energy Board Act was repealed. Section 33 of the transitional provisions associated with the CER Act sets out that “[e]very decision or order made by the National Energy Board is considered to have been made under the Canadian Energy Regulator Act and may be enforced as such”.
-2-
ITC seeks two year extension ITC included a copy of the notice it provided in its Supplementary Response filing (ITC Notice). The ITC Notice states:
…ITC submitted a Variance Application to the CER on October 4, 2019 requesting a one-year extension of the date for the start of construction from June 26, 2020 to June 15, 2021.
However, in its Variance Application, ITC is seeking an extension for two years, until 26 June 2022. [emphasis added] The ITC Notice incorrectly states that ITC is seeking a one-year extension.
Notification to Indigenous peoples In ITC’s Supplementary Response, ITC states it notified those Indigenous peoples ITC considered to be potentially affected at this time, given the status of the Project and issuance of the Certificate and the findings of the effects assessment and cumulative effects assessment undertaken in that process. ITC notified two potentially affected Indigenous peoples: the Mississaugas of the Credit First Nation and the Six Nations of the Grand River.
During the assessment of the Project in the EH-001-2015 hearing, the Crown List for the Project identified 33 potentially affected Indigenous communities, including the Mississaugas of the New Credit First Nation2 and the Six Nations of the Grand River. The Crown List is stated in the NEB’s Reasons for Decision for the Project (A81375-1) at section 5.1.2, and is attached as Appendix A to this letter for reference.
Commission’s Directions In light of these considerations and information, the Commission is of the view that ITC must correct the length of the extension period requested in the notice of the Variance Application provided to the various parties as noted by ITC.
Further, the Commission is of the view that all Indigenous communities on the Crown List should be provided with notice of the Variance Application, not just those that ITC has been engaging with since the Certificate was issued.
The Commission, therefore, directs ITC to:
1. Provide a copy of this letter, which explains the correction that the extension being sought is for two years and not one year, and a link or reference to the CER’s REGDOCS where the Variance Application is filed, to all parties ITC notified of its Variance Application as set out in ITC’s Supplementary Response no later than 4:00 pm Central Time on 25 May 2020;
2. Provide an updated notice of the Variance Application that sets out the extension being sought is for two years and includes a link or reference to the CER’s REGDOCS where the Variance Application is filed, and a copy of this letter no later than 4:00 pm Central Time on 25 May 2020 to the following: a) all Indigenous communities as set out on the Crown List (which is attached as Appendix A), other than those communities already notified as per ITC’s Supplementary Response, being Mississaugas of the Credit First Nation and Six Nations of the Grand River; and
2 ITC’s response to IR No. 4 indicates that Mississaugas of the New Credit First Nation is now the Mississaugas of the Credit First Nation, as of 8 January 2019. -3-
b) any additional potentially affected Indigenous communities that ITC has identified or been in discussions with, not on the Crown List, since the issuance of Certificate EC-056;
3. File confirmation with the Commission that steps 1 and 2 were completed, no later than 4:00 pm Central Time on 4 June 2020. Confirmation is to include a list of all those parties and Indigenous communities notified, the documents/ information they were provided, the method(s) of providing the documents/information were provided, the dates the documents/information were provided, and a copy of the updated notice of the Variance Application provided to Indigenous communities.
The CER expects regulated companies to consider the potential challenges that the COVID-19 pandemic may present to all its activities and operations, including its engagement and information sharing with Indigenous communities. The CER expects companies to continue to monitor the changing circumstances in communities near regulated facilities, and to dedicate appropriate resources to updating communities, while understanding any challenges communities themselves may be facing.
If you have any questions regarding this letter, please contact Mary Jane Court at 1-800-899-1265 (toll free).
Yours sincerely,
Original signed by
L. George Secretary of the Commission
Attachments
Attachment to Commission letter dated 13 May 2020 Page 1 of 2
Map:
Attachment to Commission letter dated 13 May 2020 Page 2 of 2
Appendix A – Indigenous Peoples Identified on the Crown List for the EH-001-2015 ITC Lake Erie Project
The Indigenous peoples identified on the Crown List on 19 May 2015 were:
1. Aamjiwnaang First Nation 2. Alderville First Nation 3. Association of Iroquois and Allied Indians 4. Beausoleil First Nation 5. Bkejwanong Territory (Walpole Island First Nation) 6. Caldwell First Nation 7. Chippewas of Georgina Island First Nation 8. Chippewas of Kettle and Stony Point First Nation 9. Chippewas of Rama First Nation 10. Chippewas of the Thames First Nation 11. Curve Lake First Nation 12. Delaware Nation at Moraviantown 13. Haudenosaunee Confederacy Chiefs Council and Haudenosaunee Development Institute 14. Hiawatha First Nation 15. Métis Nation of Ontario 16. Métis Nation of Ontario - Clear Waters Métis Community Council 17. Métis Nation of Ontario - Credit River Métis Community Council 18. Métis Nation of Ontario - Grand River Métis Community Council 19. Métis Nation of Ontario - Niagara Region Métis Community Council 20. Métis Nation of Ontario - Oshawa and Durham Métis Community Council 21. Métis Nation of Ontario - Toronto and York Region Métis Community Council 22. Mississaugas of the New Credit First Nation (Mississaugas of the Credit First Nation) 23. Mississaugas of Scugog Island First Nation 24. Mohawk Council of Akwesasne 25. Mohawk Council of Kahnawake 26. Mohawk Council of Kanesatake 27. Mohawks of the Bay of Quinte 28. Munsee-Delaware Nation 29. Nation huronne-wendat 30. Oneida Nation of the Thames 31. Six Nations of the Grand River 32. Southern First Nations Secretariat 33. Wahta Mohawks
File OF-Fac-IPL-1175-2015-01-02 13 May 2020
Mr. Patrick Duffy Stikeman Elliot 5300 Commerce Court West 199 Bay Street Toronto, ON M5L 1B9 Email [email protected]
Dear Mr. Duffy:
ITC Lake Erie Connector LLC (ITC) ITC Lake Erie Connector International Power Line Variance Request to Condition No. 2 of Certificate of Public Convenience and Necessity EC-056 (Variance Application) Temporary extension
On 26 June 2017, the National Energy Board1 issued Certificate of Public Convenience and Necessity EC-056 (Certificate) to ITC for the ITC Lake Erie Connector International Power Line (Project). Condition No. 2 of the Certificate provides that unless the National Energy Board otherwise directs, the Certificate shall expire on 26 June 2020, unless construction commences by that date.
On 4 October 2019, ITC filed an application with the Commission of the Canada Energy Regulator (Commission) requesting the Commission vary Condition No. 2 of the Certificate by extending the expiration clause by two years, from 26 June 2020 to 26 June 2022 (Variance Application).
Issued on the same date with this letter, the Commission issued a Letter of Direction to ITC (Letter of Direction) (C06267).
The Commission has determined it requires additional time beyond 26 June 2020 in order to fully assess the Variance Application. Factors considered in this determination include the potential impact of the current COVID-19 pandemic on the ability of potentially affected stakeholders to participate and the Canada Energy Regulator’s consultation obligations with Indigenous communities. The Commission hereby directs that the expiration date set out in Condition 2 (Certificate, PDF page 2 of 14) is extended until 26 December 2020, as authorized by Condition 2.
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1 The Canadian Energy Regulator Act (CER Act) came into force on 28 August 2019 and the National Energy Board Act was repealed. Section 33 of the transitional provisions associated with the CER Act sets out that “[e]very decision or order made by the National Energy Board is considered to have been made under the [CER Act] and may be enforced as such”.
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The Commission further directs ITC to provide a copy of this letter to all parties who have received or will receive notice of the Variance Application as required in the Letter of Direction, no later than 4:00 pm Central Time on 21 May 2020.
This temporary extension does not permit ITC to commence construction during the temporary extension period to 26 December 2020.
If you have any questions regarding this letter, please contact Mary Jane Court at 1-403-473-7747 or 1-800-899-1265 (toll free).
Yours sincerely,
Original signed by
L. George Secretary of the Commission