I. PROCEDURAL BACKGROUND

1. On 2 August 2013, the Respondent informed the Tribunal that it was unable to meet the time limit of 9 August 2013 for production of documents ordered to be produced in Procedural Order No. 4 (“PO 4”) and requested an extension (the “Respondent’s Request”). Specifically, the Respondent requested the Tribunal to extend the dates for production as follows:

 Documents from Government Entities1: 13 September 2013

 Documents from the Independent Electricity System Operator (“IESO”): 16 October 2013

 Documents from Hydro One: 16 December 2013; and,

 Documents from the Ontario Power Authority (“OPA”): 16 January 2014.

2. On the same day, the Tribunal invited the Claimant’s comments, which were submitted on 6 August 2013. While the Claimant objected to the Respondent’s Request, it agreed to a 30-day extension for the Respondent’s production. Additionally, the Claimant submitted two requests of its own asking the Tribunal to order (a) that the Respondent disclose “all of its correspondence with the [OPA], Hydro One, and the IESO, relating to document disclosure and production, and correspondence with Ontario on the same issue”, and (b) that the Tribunal “draw an adverse inference against [the Respondent] from any non-production of relevant documents” (collectively the “Claimant’s Requests”).

3. On 7 August 2013, the Tribunal informed the Parties that it would soon issue a ruling and suspended the document production time limit until then.