Rep: OEB Doc: 12RXB Rev: 0 ONTARIO ENERGY BOARD Volume: 3 15 JULY 2003 BEFORE: R. BETTS PRESIDING MEMBER F. PETERS MEMBER 1 RP-2002-0118/RP-2002-0143 2 IN THE MATTER OF the Ontario Energy Board Act, 1998, S.O. 1998, c.15 (Sched. B); AND IN THE MATTER OF a Notice of Intention to Make a Compliance Order under section 75 of the Ontario Energy Board Act. 3 RP-2002-0118/RP-2002-0143 4 15 JULY 2003 5 HEARING HELD AT TORONTO, ONTARIO 6 APPEARANCES 7 PAT MORAN Board Counsel HAROLD THIESSEN Board Staff NABIH MIKHAIL Board Staff JAMES SIDLOFSKY Casco DAVID CURTIS Hydro One Networks 8 TABLE OF CONTENTS 9 DECISION: [15] 10 EXHIBITS 11 12 UNDERTAKINGS 13 14 --- Upon commencing at 10:30 a.m. 15 DECISION: 16 MR. BETTS: Thank you, everybody. Please be seated. Thank you, everybody. I'm coming through loud and clear at this point, I trust. Thank you. Welcome again. 17 The Board Panel has reconvened in the matter of two proceedings: First of all, Casco versus Hydro One Networks, in application RP-2002-0143, and Abitibi-Consolidated versus Hydro One Networks in RP-2002-0118. 18 By a letter dated July 10th, from the Ontario Energy Board Secretary, all parties were asked for submissions on the billing implications associated with potential decision scenarios. 19 Unfortunately, the Board did not receive answers to those questions. We certainly received responses, but the specific questions were not addressed and the Board does require answers to those questions. 20 The Board was also concerned in reviewing the proceeding that Cardinal Power may not have been given sufficient opportunity to participate in the hearing process. 21 With that in mind, the Board will be deferring both decisions relating to those two proceedings until we receive submissions, first of all, from Cardinal Power. We will be offering Cardinal Power the opportunity to participate in the proceeding. We will be asking them to reply to the Board no later than 5 p.m. on July 29th, with a statement of their intention to participate, if in fact they wish to participate. We will also be asking them the level to which they wish to participate, whether they intend to bring forward evidence, or whether they wish to cross examine witnesses. 22 Based on that submission, the Board will determine the next step in the proceeding, if in fact there is a next step. The Board will determine what action will be required at that point and will issue any requirements for further action by a procedural order. 23 Anything else? Are there any questions regarding the Board's position at this point? 24 MR. SIDLOFSKY: I have one, sir. Clearly, Cardinal isn't involved in the Abitibi proceeding. Is your ruling related only to the Casco matter or to Abitibi as well? 25 MR. BETTS: Because the questions are related, the Board simply wants to take no position on Abitibi at this point. It's not out of the question that Cardinal may want to examine the public record of Abitibi, if it relates to any matters of concern to them. So the Board at this point will simply wait until we hear from Cardinal Power to determine what the next step will be on both proceedings. 26 MR. SIDLOFSKY: Sir, if I might, the reason I'm asking is because we did file a letter with the Board yesterday on the Abitibi matter and I appreciate the Board's comments about whether the question of the billing implications was answered in the Casco matter, but I would suggest that we were quite clear in Abitibi that Abitibi is prepared to accept a bill that includes the Westcoast Power -- that includes a transmission charge that includes the Westcoast Power demand. 27 MR. BETTS: You're absolutely right. The reply with respect to Abitibi from your firm was clear, and satisfactory. 28 MR. SIDLOFSKY: Okay, thank you. 29 MR. BETTS: Thank you. Any other questions? If not, we will adjourn at this point and the Board will, again, determine by Procedural Order the next step in these proceedings. Thank you. 30 --- Whereupon the hearing adjourned at 10:40 a.m.