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REPORT
CHIEF ADMINISTRATIVE OFFICER
Meeting: COUNCIL
Report #: CAO-OO 1-09
File:
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By-law #: Lero 9 - tJ 7-L
Date:
February 9, 2009
Subject:
COMMUNITY IMPACT AGREEMENT TO BE NEGOTIATED RESPECTING
OPG NUCLEAR NEW BUILD AT DARLINGTON N.G.S.
Recommendation:
1) That Report CAO-001-09 be received; and
2) That the Mayor and Clerk be authorized to execute a confidentiality agreement with
Ontario Power Generation as described in this Report.
Submitted b~ ~.....:. ~-r....
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5717
REPORT NO.: CAO-001-09
PAGE 2
Report
1. The CAO had reported to Council in December 2008 that negotiation with OPG for a
community impact agreement pertaining to the NUCLEAR NEW BUILD is imminent.
In fact, a series of meetings have been scheduled for the first three (3) months of
this year.
2. OPG have requested that the Municipality enter into a confidentiality agreement. It
would address the possibility of confidential, proprietary or security information being
released to the Municipality either during negotiations or in. connection with the
environmental assessment process. The confidentiality obligation will terminate
when OPG releases such information to the public.
3. Regardless of the request from OPG, it is our standard protocol to respect the
confidential nature of the discussions taken place at these meetings. The request
from OPG is reasonable and simply seeks to formalize the informal understanding.
4. The agreement would require both negotiating parties and in the case of Clarington,
members of its Council and its representatives not to disclose any information that is
confidential as defined in the agreement. Therefore, should the occasion arise in the
future, that Council needs to receive any negotiation update from the C.A.O., the
update and Council's consideration and decisions respecting it will have to be heard
in a closed session.
5. The confidentiality agreement does not apply to the release by the C.A.O. of a report
to Council for its approval of a negotiated agreement with OPG when negotiations
have been completed. It will be considered at a public meeting of Council.
6. The Municipal solicitor and OPG's solicitor have collaborated on drafting of the
agreement.