RP-2000-0110

IN THE MATTER OF the Ontario Energy Board Act, S.O. 1998, c. 15, Schedule B;

AND IN THE MATTER OF an Application by Union Gas Limited, pursuant to subsection 90(1), for an Order granting leave to construct a natural gas transmission pipeline in the Townships of Zorra, East Zorra-Tavistock and Blandford-Blenheim in the County of Oxford and a natural gas transmission pipeline in the Township of North Dumfries in the Regional Municipality of Waterloo.

BEFORE:	Sheila K. Halladay

Presiding Member

Judith B. Simon

Member

O R D E R

Union Gas Limited ("Union") filed with the Ontario Energy Board ("the Board"), an application (the "Application"), dated September 28, 2000, pursuant to subsection 90 (1) of the Ontario Energy Board Act (the "Act"). Union has applied for an Order of the Board granting leave to construct 19.9 kilometres of 48 inch diameter steel natural gas pipeline in the County of Oxford and 15.9 kilometres of the same diameter steel pipe in the Regional Municipality of Waterloo. The 19.9 kilometre proposed pipeline will proceed from the Beachville Valve Site located in Lots 19 and 20, Concession 5, Township of Zorra to the existing Bright Compressor Station located in Lots 3 and 4, Concession 10, Township of Blandford-Blenheim. The 15.9 kilometre proposed pipeline will proceed from the Owen Sound Line Valve Site located at Lot 36, Concession 9, Township of North Dumfries to the existing Brantford Valve Site located at Lot 7, Concession 8, Township of North Dumfries, Regional Municipality of Waterloo.

Notice of Application, dated October 12, 2000, was served and published in accordance with the Board's Letter of Direction. The Application was heard in Cambridge on February 8 and 9, 2001.

The Board issued its Oral Decision on February 9, 2001, approving the proposed project. The Board found the Application to be in the public interest subject to Union's compliance with the Board's Conditions of Approval, a copy of which is attached as Appendix "A".

THE BOARD THEREFORE ORDERS THAT:

1.	Leave to construct the proposed natural gas pipelines and ancillary facilities is granted to Union, subject to the Conditions of Approval contained in Appendix "A" attached to this Order.

2.	Union shall pay the Board's costs of these proceedings immediately upon receipt of the Board's invoice.

ISSUED at Toronto XXXX

ONTARIO ENERGY BOARD

Paul B. Pudge

Board Secretary

APPENDIX "A"

TO

BOARD ORDER RP-2000-0110

DATED XXXXX

__________________

Paul B. Pudge

Board Secretary

CONDITIONS OF APPROVAL

RP-2000-0110

Trafalgar Facilities Expansion Program 2000/2001

a)	Subject to Condition (i), Union Gas shall comply with the conditions and directions imposed by the Board, and with all commitments made by its counsel and witnesses, and shall construct the pipeline and shall restore the land according to the evidence of its witnesses at this hearing.

b)	Union Gas shall designate one of its employees as project engineer who will be responsible for the fulfilment of conditions and undertakings on the construction site. Union Gas shall provide the name of the project engineer to the Board's designated representative. Union Gas shall prepare a list of the conditions imposed by the Board, and the undertakings given by its counsel and witnesses during the hearing, and provide it to the Board's designated representative for verification within seven days of the Board's Order being issued, and to the project engineer for compliance during construction.

c)	The Board's designated representative for the purpose of these Conditions of Approval shall be the Manager, Facilities.

d)	Union shall give the Board's designated representative and the Chairman of the Ontario Pipeline Coordinating Committee ten days written notice, in advance of the commencement of the construction.

e)	Where blasting is required, Union shall follow its Standard Blasting Specifications and water wells within 100 meters of the pipeline shall be identified and the water quality shall be tested before and after blasting operations.

f)	Where blasting is required in-stream, Union shall obtain authorization and follow all directions of the Grand River Conservation Authority and the Department of Fisheries and Oceans.

g)	Union Gas shall file with the Board's designated representative notice of the date on which the installed pipelines were tested, within one month after the final test date.

h)	Union shall furnish the Board's designated representative with every reasonable facility for ascertaining whether the work has been, and is being, performed in accordance with the Board's Decision.

i)	Union shall advise the Board's designated representative of any proposed material change in construction or restoration procedures and, except in an emergency, Union shall not make such change without prior approval of the Board or its designated representative. In the event of an emergency, the Board shall be informed immediately after the fact.

j)	Both during and after the construction, Union Gas shall monitor the effects upon the lands and the environment, and shall file ten copies of both an interim and a final monitoring report with the Board's designated representative and simultaneously provide a copy of each report to each municipality and landowner on the pipeline route. The interim monitoring report shall be filed within six months of the final in-service date and the final monitoring report within 18 months of the final in-service date.

k)	The interim report shall describe the implementation of Conditions (a) and (i) and shall include a description of the effects noted during the construction and the actions taken or to be taken to prevent or mitigate any long-term effects of the construction upon the environment. This report shall describe any outstanding concerns of landowners or tenants identified during construction.

l)	The final environmental monitoring report shall describe the condition of the rehabilitated right-of-way and the effectiveness of the mitigation measures undertaken. The results of the monitoring programs and analysis shall be included and recommendations made as appropriate. This report must identify the measures taken to minimize the effect of construction on the specimen trees along the route and a mitigation plan. Further, a final environmental cost report shall be filed with the Board and shall include a breakdown of external costs incurred to date for the authorized project, with items of cost associated with particular environmental measures delineated and identified as pre-construction related, construction related and restoration related. Any deficiency in compliance with undertakings shall be explained.

m)	Union Gas shall attach to its interim and final monitoring reports a log of all landowner complaints that have been received during construction. Such a log shall record the times of all complaint-related communications between Union Gas and the landowners; the substance of each complaint; the actions taken in response; and the reasons underlying such actions.

n)	Within 15 months of the final in-service date, Union Gas shall file with the Board Secretary a Post Construction Financial Report. The Report shall indicate the actual capital costs of the project and shall explain all significant variances from the estimates adduced in the hearing.

o)	The Leave to Construct granted herein terminates December 31, 2001, unless otherwise ordered by the Board.