Hearing Information I Am Applying As

Application to Participate(A68138) Filing Date: 2015-03-03 Hearing Information Project Name: Energy East Project and Asset Transfer Company: Energy East Pipeline Ltd. File Number: OF-Fac-Oil-E266-2014-01 02 I am Applying as:

{ An Individual { Authorized Representative on Behalf of an Individual ~ A Group

Select which one best describes your group: { Company { Association (Special Interest Group) ~ Aboriginal { Federal Government { Provincial Government { Territorial Government { Municipal Government { Others

~ My group is an organization that will represent its own interests { My group is a collection of individuals with common interest

Contact Information:

517 Tenth Avenue SW Telephone/Téléphone : (403) 292-4800 Calgary, Alberta T2R 0A8 Facsimile/Télécopieur : (403) 292-5503 http://www..neb-one.gc.ca 517, Dixième Avenue S.-O. 1-800-899-1265 Calgary, (Alberta) T2R 0A8 1 • If you apply as individual, the contact information is for the Person Applying to Participate. • If you apply as Authorized Representative, the contact information is for the Individual you are representing. • If you apply as Group, the contact information is for the Group’s main contact.

Salutation: Mr. Last Name: Rickard First Name: Jack Title: Director of Lands and Resources Address: Organization: Moose Cree First Nation 22 Jonathan Cheechoo Drive P.O. Box 190 Telephone: 707-658-4619 Moose Factory, Ontario P0L 1W0 Facsimile: 707-658-4734 Canada Email Address: [email protected]

Authorized Representative(s) Information: If you do not have an authorized representative this section will be blank. Salutation: Mr. Last Name: Monem First Name: Alex Title: Legal Counsel Address: Organization: Pape Salter Teillet LLP 546 Euclid Avenue Toronto, Ontario M6G 2T2 Telephone: 416-916-2989 Ext: 1256 Canada Facsimile: 416-916-3726 Email Address: [email protected]

Salutation: Ms. Last Name: Rohani First Name: Sara Title: Legal Counsel Address: Organization: Pape Salter Teillet LLP 546 Euclid Avenue Toronto, Ontario M6G 2T2 Telephone: 416-916-2989 Ext: 1266 Canada Facsimile: 416-916-3726 Email Address: [email protected]

Method of Participation

; The Group I am representing is directly affected by the proposed Project ; The Group I am representing has relevant information or expertise Connection to Project Issues

7. The potential environmental and socio-economic effects of the Project, including the environmental effects of accidents or malfunctions that may occur in connection with the project, and any cumulative effects that are likely to result from the Project, as considered under the Canadian Environmental Assessment Act, 2012 10. The engineering design and integrity of the Project 11. Potential impacts of the Project on Aboriginal interests 14. Contingency planning for spills, accidents, or malfunctions during construction and operations of the Project 15. Financial implications of contingency planning for spills, accidents, or malfunctions during construction and operations of the Project 16. The terms and conditions to be included in any recommendation or approval the Board may issue for the Project

517 Tenth Avenue SW Telephone/Téléphone : (403) 292-4800 Calgary, Alberta T2R 0A8 Facsimile/Télécopieur : (403) 292-5503 http://www..neb-one.gc.ca 517, Dixième Avenue S.-O. 1-800-899-1265 Calgary, (Alberta) T2R 0A8 3 The Moose Cree First Nation (the “Moose Cree”) are a Treaty 9 First Nation comprising approximately 4,500 members. Our traditional territory (the “Homeland”) extends from Hearst in the west to the Quebec border in the east, and from south of Highway 11 to points north toward James Bay midway between Fort Albany and Moose Factory. We have a large reserve on Moose Factory Island, but our membership resides throughout the Homeland, including the southern areas of Kapuskasing and Mattice. Many of our members reside outside of the Homeland in communities such as Cochrane, Timmins and North Bay.

The Moose Cree have occupied our Homeland for countless generations. As we have since time immemorial, our members continue to rely on the lands, waters, plants and animals of our Homeland to sustain us through harvesting, cultural and spiritual practices. Critical to the health of our Homeland are its rivers and watersheds, including the Moose River watershed and the Missinaibi, Opasatika, Kapuskasing, and Mattagami rivers which have been, and remain, central to the exercise of our treaty rights.

More recently, we have given new expression to our rights through increased environmental stewardship over our Homeland. For example, the Government of Ontario has committed to us that it will not pursue further hydro-electric development within the Moose River Basin until a co-planning process between our Nations has been achieved. Further, we are actively engaged in an internal process of land use planning that will allow a studied and principled basis for our continued stewardship and governance activities throughout the Homeland.

We consider the Energy East Project proposed by TransCanada to be of the very highest significance due to the high potential for it to adversely impact our Homeland, rights, interests and way of life. The Project, as proposed, would transport new oil products through our Homeland and require significant new infrastructure. Roughly 100 kilometers of the pipeline, passes through our Homeland. Over 300 kilometers passes through the Hudson Bay watershed, crossing watersheds and river systems central to the exercise of our Treaty rights and continued use and reliance on our Homeland.

We have serious concerns from our preliminary review of the application that many key features of the Project are inadequately explained, studied or justified. Many of our concerns respecting construction and operation impacts, and accidents and malfunctions are treated in a manner that is completely unsatisfactory. For example, we have seen no analysis of the specific impacts an accident would have on the rivers and watersheds of our Homeland, or the significance of those impacts on our rights or continued use of our Homeland. These are omissions that must be fully and satisfactorily addressed.

Consistent with our stewardship role, we intend to be active participants in the current review and to make submissions on a number of technical, environmental and socio-economic topics relating to this Project. We will need to understand and test all aspects of the proposed Project to ensure that it poses no risks to our environment, rights and interests. Access, Notification and Service

517 Tenth Avenue SW Telephone/Téléphone : (403) 292-4800 Calgary, Alberta T2R 0A8 Facsimile/Télécopieur : (403) 292-5503 http://www..neb-one.gc.ca 517, Dixième Avenue S.-O. 1-800-899-1265 Calgary, (Alberta) T2R 0A8 4 Which official language do you wish to use in correspondence with the Board and at the public hearing? English ; French

Documents submitted electronically are available on the Board’s electronic document repository, (Click 'View' under 'Regulatory Documents' at www.neb-one.gc.ca). If you have the capability to access the repository, the Board and other Participants in this proceeding may serve you by notifying you that a document has been filed and is available in the repository, instead of serving you with a hard copy of the document. Are you able to access the Board’s electronic document repository? Yes ; No

Notification by email advising that a document has been filed will be sent to the following email addresses: Alex Monem [[email protected]] Jack Rickard [[email protected]] Sara Rohani [[email protected]]