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Patrick Mcmahon Technical Manager Regulatory Research and Records [email protected] (519) 436-5325

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Patrick Mcmahon Technical Manager Regulatory Research and Records Patrick.Mcmahon@Enbridge.Com (519) 436-5325 Enbridge Gas Inc. 50 Keil Drive North Chatham, Ontario, Canada N7M 5M1 June 29, 2021 Ms. Christine E. Long Registrar Ontario Energy Board 2300 Yonge Street, 27th Floor Toronto, ON M4P 1E4 Dear Ms. Long: Re: Enbridge Gas Inc. Application for Renewal of Franchise Agreement Township of Ear Falls Attached is an Application by Enbridge Gas Inc. for Orders of the Ontario Energy Board with respect to a Franchise Agreement with the Township of Ear Falls. An agreement has been reached between Enbridge Gas Inc. and the Township of Ear Falls with regards to the terms and conditions of the proposed Franchise Agreement. Should you have any questions on this application, please do not hesitate to contact me. I look forward to the receipt of your instructions. Yours truly, Patrick McMahon Technical Manager Regulatory Research and Records [email protected] (519) 436-5325 Encl. ONTARIO ENERGY BOARD IN THE MATTER OF the Municipal Franchises Act, R.S.O. 1990, c.M.55, as amended; AND IN THE MATTER OF an Application by Enbridge Gas Inc. for an Order approving the terms and conditions upon which, and the period for which, the Corporation of the Township of Ear Falls is, by by-law, to grant to Enbridge Gas Inc. the right to construct and operate works for the distribution, transmission and storage of natural gas and the right to extend and add to the works in the Township of Ear Falls; AND IN THE MATTER OF an Application by Enbridge Gas Inc. for an Order directing and declaring that the assent of the municipal electors of the Township of Ear Falls to the by-law is not necessary. APPLICATION 1. Enbridge Gas Inc. (Enbridge Gas), a regulated public utility, is a corporation incorporated under the laws of the Province of Ontario, with its offices in the City of Toronto and the Municipality of Chatham-Kent. 2. The Corporation of the Township of Ear Falls (Municipality) is a municipal corporation incorporated under the laws of the Province of Ontario. Attached hereto and marked as Schedule "A" is a map showing the geographical location of the Municipality and a customer density representation of Enbridge Gas’ service area. Enbridge Gas currently serves approximately 383 customers in the Municipality. 3. The Township of Ear Falls is a single-tier municipality in the Kenora District. 4. Enbridge Gas has a Certificate of Public Convenience and Necessity for the Township of Ear Falls (EBC 55) dated September 19, 1966 which is attached as Schedule “B”. 5. Enbridge Gas applied to the Council of the Municipality for a franchise agreement permitting Enbridge Gas to construct and operate works for the distribution, transmission and storage of natural gas and the right to extend and add to the works in the Township of Ear Falls. 6. On April 20, 2021, the Council of the Municipality gave approval to the form of a Franchise Agreement in favour of Enbridge Gas and authorized Enbridge Gas to apply to the Ontario Energy Board for approval of the terms and conditions upon which and the period for which the franchise agreement is proposed to be granted. -2- 7. Attached hereto as Schedule "C" is a copy of the Resolution of the Council of the Municipality approving the form of the draft by-law and franchise agreement, authorizing this submission to the Ontario Energy Board, and requesting an Order declaring and directing that the assent of the municipal electors to the by-law and franchise agreement is not necessary. 8. Attached hereto as Schedule "D" is a copy of By-law 2357-21 and the proposed franchise agreement. The Township of Ear Falls has passed its by-law which will become effective once the Ontario Energy Board approves the proposed franchise agreement. 9. Enbridge Gas has franchise agreements with and Certificates of Public Convenience and Necessity for the Municipality of Red Lake and the Township of Machin which are adjacent to the Municipality within Kenora District. There is no other natural gas distributor in the area. 10. The proposed franchise agreement is in the form of the 2000 Model Franchise Agreement with no amendments and is for a term of twenty (20) years. 11. The address of the Municipality is as follows: Township of Ear Falls 2 Willow Crescent Ear Falls, Ontario, P0V 1T0 Attention: Kimberly Ballance, Clerk Treasurer Administrator Telephone: (807) 222-3624 ext. 1027 Email: [email protected] The address of Enbridge Gas’ regional operations office is: Enbridge Gas Inc. 36 Charles Street East North Bay, ON P1B 8K7 Attention: Luke Skaarup, Director, Northern Region Operations Telephone: (705) 475-7913 Email: [email protected] 12. There is no newspaper reporting for the Township of Ear Falls. The closest newspaper is the Chronicle Journal from Thunder Bay, but that newspaper is no longer delivered into the municipality. There is a possibility that some residents may have online subscriptions, but the number is unclear. -3- 13. Enbridge Gas now applies to the Ontario Energy Board for: (a) an Order under s.9(3) approving the terms and conditions upon which, and the period for which, the Township of Ear Falls is, by by-law, to grant Enbridge Gas the right to construct and operate works for the distribution, transmission and storage of natural gas within the Township of Ear Falls and the right to extend and add to the works; and (b) an Order pursuant to s.9(4) directing and declaring that the assent of the municipal electors of the Township of Ear Falls is not necessary for the proposed franchise agreement by-law under the circumstances. DATED at the Municipality of Chatham-Kent, in the Province of Ontario this 29th day of June 2021. ENBRIDGE GAS INC. ____________________________________ Patrick McMahon Technical Manager Regulatory Research and Records Comments respecting this Application should be directed to: Mr. Patrick McMahon Technical Manager, Regulatory Research and Records Enbridge Gas Inc. 50 Keil Drive North Chatham, ON N7M 5M1 [email protected] Telephone: (519) 436-5325 Schedule A Bruce Lake Pakwash Lake Lac Seul Township of Ear Falls Legend 0.0 1.5 3.0 4.5 6.0 7.5 Kilometers Enbridge Gas Pipeline Coverage area Township of Ear Falls Disclaimer: The map is provided with no warranty express or Roads Implied and is subject to change at any time. Any Person using the Density Map shall do so at its own Fort Railways Risk and the Density Map is not intended in any way Frances Municipal and Township Boundaries As a tool to locate underground infrastructure for the Thunder Bay purposes of excavation First Nation Boundaries Customer Density Low High Location map MA3517 CD Schedule B ,.. .. ' E . B. C. 55 CNTARIO ENERGY BOARD IN THE MATTER OF The Municipal Fran­ chises A.ct, R. S. C. 1960, Chapter 255, Section 8 and amendments thereto; AND IN THE 1\IIA TTER OF an Application by Twin City Gas Company Limited for a Certificate of Public Convenience and Neces­ sity to construct works to supply gas to the Griffith Mine at Bruce Lake in the District of Kenora and to persons residing in the area adjacent thereto. BEFORE: A. R. CROZIER, Chairman ) Monday, the 12th day of ) A. B. JACKSON, Vice-Chairman ) September, 1966. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY UPON THE APPLICATION of Twin City Gas Company Limited, (hereinafter referred to as the " Applicant") for a certificate pursuant to the provisions of The Municipal Franchises Act, R. S. 0. 1960, Chapter 255, Section 8 and amendments thereto, after notice being duly given to the parties interested as directed by the Board and the matter coming on for hearing before the Board on the 12th day of September, 1966, in Toronto, Ontario, after due notice of such hearing had been given as directed by the Board in the presence of Counsel for the applicant and Counsel for The Steel Company of Canada Ltd. and Counsel for Canadian National Railways, and upon hearing read the application and the proof of service thereof and upon hearing the evidence adduced and upon hearing Counsel aforesaid: 1. THIS BOARD DOTH ORDER that a Certificate of Public Con- venience and Necessity be and the same is hereby granted to Twin City Gas Company Limited for the supply of natural gas to the inhabitants of the un- organized area within a radius of sixteen (16} miles of the Griffith Mine at 3 :rt:c e Lake in the District of Kenora and for the construction of the works necessary therefor; 2. AND THIS BOARD DOTH FURTHER ORDER that the Certificate of Public Convenience and Necessity hereby granted may be assigned by Twin City Gas Company Lirr.itecl. t::> Montreal Trust Company, the trustee ur,der. the deed of trust a~ C:1 rr:.. .Jrtgage, dated as of June 1, 1958 as amended, E. B. C. 55 Fage 2 :i:nade between Twin City Gas Company Limited and Montreal Trust Company, as trustee and to such person, firm or corporation to whom Montreal Trust ':ompany, as trustee, may assign sucl1 Certificate in execution of the trusts :.mder the said deed of trust and mortgage, together with, in each case, all rights and powers, statutory or otherwise, which flow from or are evidenced by such Certificate. 3. AND THIS BOARD DOTH FURTHER ORDER that the costs of th}.[: hearing are fixed at $25, 00 and shall be paid forthwith by the Applicant to the Board. DATED at Toronto, this 1f'/-IJ day of September, 1966. ONTARIO ENERGY BOARD ..:.iecretary ONTARIO ENERGY BOARD IN THE MA TTEH OF The Municipal Franchises Act, :;,:\. S.
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