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3 · Saturday, December 26, 2009 OAKVILLE BEAVER · www.oakvillebeaver.com TransCanada has to deliver Continued from page 1 ensued during, which the appellants called the bylaw an 11th-hour action by the Town aimed at restricting development rights and interfering with the Ontario Power Authority's mandate of securing a power generation site. The appellants did succeed in getting an Official Plan amendment, which did much the same thing as the interim control bylaw, but lacked a solid end date, discontinued. In the end, however, the interim control bylaw was allowed to stand. "The board finds that Oakville had a legitimate planning reason to resort to this action. It identified early in 2009, that there was the possibility of a large, privately operated power generating facility being contemplated in the vicinity of Oakville," said Aristotle Christou of the OMB. "There was no compelling evidence that council acted irrationally or arbitrarily in passing the interim control bylaw. The allegations by the appellants that Oakville should have seen the `train coming' and should have acted well before 2009 to amend its Official Plan with respect to power generating plants, does not cut muster." TransCanada disagreed, asserting in its submission to the Ontario Superior Court of Justice, that the OMB failed to adhere to the law in number of areas when it allowed the interim control bylaw to stand. In one instance, TransCanada states the bylaw should have been struck down because it is in conflict with provincial acts like the Electricity Act of 1998 and an August 2008 Minister of Energy and Infrastructure directive. In another section TransCanada states the interim control bylaw failed to meet the high standards needed for its passing, something, which was not recognized by the OMB. These rational did not impress Oakville Mayor Rob Burton who chastised TransCanada for its action. "I regret that TransCanada does not appear cooperative with the Town's desire to be able to continue with its study concerning the proper planning rules for power plants," he said. "It's too bad they don't appear to respect the community's need for good planning." Clean Air For All President Doug MacKenzie also expressed disappointment at the turn of events. "TransCanada says they're open and fair-minded and want to talk to the community and yet they pull this kind of action," he said. "What are they going to do next?" TransCanada was not available for comment Tuesday, however, its reasons for wanting the interim control bylaw gone is seen in the OMB hearing testimony. During that hearing TransCanada Project Manager John Mikkelsen testified the interim control bylaw and Official Plan amendment could have a crippling effect on the power plant project if passed. He noted the project requires a lot of work and a lot of material brought in using the St. Lawrence Seaway. "If you miss one (boating) season you're not looking at being a few days or weeks behind, you're going to be months behind," said Mikkelsen. "There is no room in the contract with the OPA (Ontario Power Authority) for phasing or partial completion. TransCanada has to deliver the 900-megawatts by 2013." Mikkelsen went on to point out that not living up to the contract could result in liquidated damages or the termination of the contract to build the power plant in the worst-case scenario. Inside Opinion............................................6 Auto...............................................27 Artscene.........................................50 Worship..........................................52 Sports.............................................56 Classified........................................61 For home delivery & customer service call (905) 845-9742 Mon., Tues. 9 a.m.-5 p.m. Wed., Thu., and Fri. 9 a.m.-7 p.m. (open for calls only after 5 p.m.) Closed Sat. and Sun. 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