Mayor buoyed by OMB power plant ruling 13 · Wednesday, December 9, 2009 OAKVILLE BEAVER · www.oakvillebeaver.com Continued from page 1 until a detailed study can be completed that examines what Oakville lands can best accommodate the proposed power plant. The study must be completed before the interim control bylaw expires on March 30, 2010. "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 Christou in his ruling. "There was no compelling evidence that council acted irrationally or arbitrarily in passing the interim control bylaw. The allegation 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." The second planning measure was not so well received. The Official Plan Amendment (OPA) 296 was found to be a duplication of the interim control bylaw, but with an undefined timeframe for the study. Christou did not accept the Town's explanation that the amendment was a general policy change and not a direct shot at the TransCanada plant. "The board would tend to agree with the appellants' apprehension that Oakville's underlying intent in adopting Official Plan Amendment (OPA) 296 seems to be an attempt to hinder the proposed TransCanada power plant and frustrate its timely development, requiring, at the very least, an onerous Official Plan Amendment at some unspecified period of time," stated Christou in his ruling. "This is inconsistent with the pre-March 30, 2009, planning regime and it will have a detrimental impact on the development of the power plant." Reaction to the decision has been mixed with Mayor Rob Burton stopping short of calling this a victory for the Town, noting only that it was not a defeat. "This is clearly really good news for all of us here in Oakville. The OMB has truly recognized the significant impact any power plants could have on our community and they've ruled that the Town is entitled to continue to study and address potential impacts including environmental, land use, air quality or public safety," said Burton. "We are using our powers to do the study that will allow us to decide "If, for the sake of discussion, the studies were to say that that is an okay site, they could be there because the Town would adopt the appropriate amendments. If, on the other hand, the criteria we adopt were to make that an inappropriate site, they would have to look for another." heavy equipment needed to build the power plant has to be delivered by ships travelling up the St. Lawrence Seaway. Mikkelsen said 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. TransCanada has already ordered two sets of gas turbines and gas generators from Mitsubishi Heavy Industries Ltd., for use in the plant and the energy giant has not ruled out the possibility of appealing the OMB decision. In his OMB ruling, Christou also commented on TransCanada's tight timeframe noting it may prove too ambitious to meet. The Ontario Power Authority (OPA) would not speculate as to whether it would give TransCanada an extension on its deadline, if required. Christmas Moments Star t At Sale starts Friday, December 11th 1/2 PRICE Mayor Rob Burton where the appropriate place for power plants in our Town is, given that the Province appears to have decided that power plants need to be in towns." With regards to the proposed TransCanada plant, Burton noted the fact that the interim control bylaw has been upheld means a permit to begin construction cannot be issued until the bylaw expires on March 30, 2010. Burton said the study results that dictate where a power plant should be built will be used to create policies in the Official Plan (OP) and in zoning bylaws. Those who want to build power plants, including TransCanada would be required to abide by these bylaws and amendments or attempt to appeal them to the OMB. "If, for the sake of discussion, the studies were to say that that is an okay site, they could be there because the Town would adopt the appropriate amendments," said Burton. "If, on the other hand, the criteria we adopt were to make that an inappropriate site, they would have to look for another." Where all this leaves the tightlyscheduled TransCanada project is not yet clear. "We just received the decision today (Monday). We're reviewing it to see what impact it may have on our project schedule," said Chris Breen, TransCanada spokesperson. "As always, we are moving forward." During the OMB hearing, TransCanada Project Manager John Mikkelsen testified that the delays brought forward by the Town's two planning measures could have a crippling effect on the project, which is required by contract with the OPA to be operational by Dec. 31, 2013. Mikkelsen noted TransCanada intends to begin construction at some point in 2010 or 2011 and there is a large amount of work to do in the meantime, including the demolition and clearing away of the existing building on the site. One huge problem, Mikkelsen said, is the fact that much of the $ 3-in- Game: Foosball, 1 Hover Hockey or Table Tennis 84 3821 8. 84-3821-8. Reg. 299.99 14999 $ 99 set 1/2 PRICE $ Was 3499 65 T oaster Oven 43-1232-0. Reg. 69.99 g SAVE 75% 4 SAVE % 3-Piece Scissors Set Stainless-Steel Colander 42 3497 0. 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