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3 · OAKVILLE BEAVER Friday, October 16, 2009 Hearing could end today Continued from page 1 much of the heavy equipment needed to build the power plant needs to be delivered by ships travelling up 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. On cross-examination, Town lawyer John Doherty argued that TransCanada had agreed to take on such risks when it began seeking the power plant contract from the OPA. "Isn't it the reality of private enterprise that you have to take on some risks? Like any business there is some risk that the municipal planning structure is going to change," said Doherty. "Would you agree that planning documents of any given municipality at any given time can change?" In response, Mikkelsen said TransCanada could not have anticipated the Town of Oakville's actions. TransCanada has previously referred to the interim control bylaw and the Official Plan amendment as measures taken at the 11th hour to take away development rights. In earlier testimony, Mikkelsen attacked the Town's notion that the two planning measures were passed in response to the new way the Province delivers power generation with private companies now receiving contracts to build large power plants in the 800-900-megawatt range. Mikkelsen argued this new trend was not new at all and that the Town of Oakville had had at least nine major opportunities to recognize the writing on the wall and change their Official Plan to prepare for the possibility that a power plant, like the proposed one, might be coming. Mikkelsen said these opportunities dated back to 1996 when the MacDonald Commission promoted the privatization of the electricity industry. These opportunities for Oakville to change its Official Plan continued into 2001, Mikkelsen noted, when Sithe attempted to build an 800megawatt gas-fired power plant in Mississauga. Doherty noted that while someone who works in the field of energy, like Mikkelsen, might know about the MacDonald Commission the vast majority of people in the municipal planning field were not aware of it. The hearing is expected to conclude on today (Friday). AUTUMN Made In Canada SALE 14 Styles of Sectionals FROM $ 1798 HEARING AID SPECIAL (Clients portion) *Some Conditions Apply * $ From 295 DINING TV CABINETS From $599 Up to 3 Year Service Warranty 60 DAY GUARANTEE: If after 60 days we have not provided you with the best hearing possible, we will give you your money back... We are an authorized clinic for DVA, WSIB, and Green Shield clients Call OCCASIONAL BAR STOOLS Solid BIRCH Bedroom Suite $ Made In Canada 905-827-7333 For a FREE Hearing Test. Age 18+ 2898 Includes: Queen bed, 2 night tables + Dresser) Hopedale Hearing Clinic In Hopedale Mall, next to the CIBC 1515 Rebecca Street, Unit 38, Oakville · 905-827-7333 1029 Speers Rd.,Oakville 905.842.3739 (showroom at Speers and 4th line) Speers Rd. & 4th Line (Main Location) WWW.JOSHUACREEKFURNITURE.COM