Topic:"Legal Costs" in M11927

CI 50518 CA IR-5 Attachment 19 Page 174 of 423 REDACTED (CONFIDENTIAL INFORMATION REMOVED) 3 # Indicators Condition Choices Data Definitions/Explanations Protection and off road vehicles appear to effectively exclude or divert visitors and...

AI summary The text outlines various indicators and condition choices related to environmental protection, consumptive uses, domestic wells, and calcareous fen within a specific area. It includes data on wildlife disturbance, sustainable consumptive uses, proximity of domestic wells, and calcareous fen identification.

REDACTED 1 (b) Please refer to CA IR-13, part (c). 2 3 (c) In the original submission KMKNO Capacity Payments were budgeted and added to the 4 "Consulting" cost code in the amount of $ instead of a dedicated "Mi'kmaq 5 Engagement" cost cod...

AI summary The document discusses the budgeting of KMKNO Capacity Payments under the 'Consulting' cost code rather than a dedicated 'Mi'kmaq Engagement' code. It also addresses archaeological costs for the Ruth Falls Project and legislative requirements for the sale of hydro assets, including approvals from the Public Utilities Act and federal legislation.

5.1.1 NS Power Submission - The Project involves the refurbishment of the Ruth Falls Main Dam's water-retaining structures, with five - alternatives reviewed during the conceptual design phase: [45](#page-29-1) - 1. Option 1: Replace the e...

AI summary NS Power submitted a proposal for the refurbishment of the Ruth Falls Main Dam, presenting five design alternatives. Option 4 was selected due to its cost-effectiveness. NS Power argues that re-evaluation of the options was unnecessary because all would be similarly impacted by delays in the Fisheries Act Authorization and environmental permitting.

5.3.5 Conclusion - 1. Contracts: The $2,689,000 increase in contract costs reflects the expanded project scope and evolving requirements, including fish passage upgrades, construction supervision, and archaeological mitigation. While the $...

AI summary The conclusion discusses the reasons for increased contract and contractor administrative overhead (AO) costs, attributing them to expanded project scope, regulatory delays, and environmental permitting. Midgard concludes that these cost increases are reasonable, except for archaeological costs, which may not be a valid reason for variance.

5.8.1 NS Power Submission - NS Power attributes various cost increases to additional travel, freight, legal, and meal expenses, driven by - the sequenced construction approach, environmental compliance requirements, delivery of critical ma...

AI summary NS Power attributes cost increases to factors such as sequenced construction, environmental compliance, material delivery, and legal reviews, with a detailed breakdown provided in Table 30.

Table 30: Cost Increase – Other Expenses[85](#page-48-1) Description NSUARB Approved ($) ATO Submission ($) Variance ($) Travel Expenses $17,074 $28,819 $11,745 Freight/Postage/Delivery $0 $17,440 $17,440 Legal $0 $141 $141 Meals $5,378 $8...

AI summary Table 30 outlines the approved and submitted costs for various other expenses, highlighting significant variances, including travel, freight, legal, meals, and equipment costs. The table shows a notable increase in expenses submitted by ATO compared to what was approved by NSUARB.

5.8.2 Analysis - The increase in the additional travel, legal, and meal expenses can be attributed to the extended construction - timeline and associated environmental permitting requirements. Specific comments on each of expense is as - f...

AI summary The analysis discusses increased travel, legal, meal, and equipment costs due to project delays, environmental permitting, and expanded project scope. These costs are attributed to extended timelines, regulatory requirements, and unexpected vendor selections. NS Power explains these variances as necessary for project compliance and cost efficiency.

5.8.3 Conclusion Based on the factors discussed above, Midgard concludes that the scope items associated with travel, meals, freight, equipment, equipment rental, and legal expenses are reasonable, and that the quantity of the cost increas...

AI summary Midgard concludes that the overspending on travel, meals, freight, equipment, equipment rental, and legal expenses is reasonable based on the factors discussed.

NON-CONFIDENTIAL - a) As stated in the quoted passage, Midgard has not made any assumptions regarding how much of the - b) See IR Response 14(b). Response IR-15: - c) Yes. Regardless of whether the costs were incurred in responding to DFO...

AI summary Midgard acknowledges that the $4.4 million in cost overages is attributed to interactions with DFO or NSECC, primarily due to delays caused by DFO requirements. These delays were exacerbated by NS Power's inability to provide finalized design drawings and contractor documentation, resulting from shifting project designs and schedules.

increased project costs of approximately $2 million. [Exhibit N-1, p. 3] The cost increase associated with the extended construction timeline includes both increased labour and materials expenses. - [15] The final reason noted by NS Power...

AI summary NS Power's ATO application includes a cost increase of approximately $2 million, attributed to extended construction timelines, increased archaeological and Mi'kmaq engagement costs, and additional contingency funds for habitat offsetting costs. These factors are cited as the primary reasons for the variance from the original ACE Plan.

3.3 Approval of Refurbishment Project Costs [67] The Board recognizes that the current ATO application represents a significant cost increase compared to the original Board-approved project cost. However, Midgard concluded that project cos...

AI summary The Board acknowledges a significant cost increase in the ATO application for the refurbishment project but finds that increases related to environmental permitting and the FAA are reasonable. However, Midgard highlights ongoing risks related to environmental, archaeological, and geotechnical costs that could exceed the contingency allocation.

15 Request IR-4: 17 Reference: "Subsequent to the approval of the original filing, NS Power was required to obtain a 18 Fisheries Act Authorization (FAA) for the work from DFO, which was not required at the time of 19 original filing. This...

AI summary The document discusses the need for NS Power to obtain a Fisheries Act Authorization (FAA) after the original filing, which introduced new conditions related to fish passage and an Environmental Offsetting Program, resulting in additional costs. The questions seek clarification on the timeline and policy changes behind these requirements.

Date Filed: November 12, 2024 CA (NSPI) Page 4 of 7 1 associated with the lowering of the Ruth Falls Reservoir 18 feet below the minimum operating 2 level. This has led to additional costs of approximately $400,000." (ATO, p. 3) 3 (a) 4 Pl...

AI summary The document outlines several requests for information regarding additional costs incurred by NS Power, including engagement with the Mi'kmaq of Nova Scotia, cost increases due to labor, materials, contracts, and consulting, as well as cost minimization efforts.

10 Request IR-23: 11 Reference: N-9, page 44 lines 8-14. With respect to the Mi'kmaq observer costs, as noted in Section 4.1 above Midgard considers that NS Power could have known at the time of its ACE submission that its archaeological c...

AI summary Midgard concludes that the increased Mi'kmaw engagement costs associated with NSPI's ACE submission are reasonable. The question focuses on whether NSPI should have known these costs would be higher and the basis for Midgard's assumption, particularly in relation to the Fisheries Act amendments and archaeological costs.

2.0 EVIDENCE AND SUBMISSIONS [8] One of the three primary reasons identified by NS Power in the ATO application for the project cost variance is related to additional environmental permitting requirements. Out of the total $8.2 million ATO...

AI summary NS Power attributed part of its ATO request to additional environmental permitting requirements, including a Fisheries Act Authorization. Bill C-68, passed in 2019, required these permits. NS Power submitted the project cost for approval in 2019 before obtaining necessary permits, a common practice during the preliminary design phase.

REDACTED Ruth Falls Main Dam Refurbishment Contingency Report 2 Appendix A Page 1 of 1 REDACTED (CONFIDENTIAL INFORMATION REMOVED) Account NSEB Approved Amount Spend-to-Date Contingency/ Unbudgeted Spend-to-Date Comments $8,074.00 $8,074.0...

AI summary The document outlines a contingency report for the Ruth Falls Main Dam Refurbishment, detailing approved amounts, actual spending, and unbudgeted expenditures. Key items include additional costs for water supply arrangements, meals, Mi'kmaq engagement, and administrative overheads. The report highlights discrepancies in cost allocations and the need for contingency funds.

REDACTED Ruth Falls Main Dam Refurbishment Contingency Report 3 Appendix A Page 1 of 1 REDACTED (CONFIDENTIAL INFORMATION REMOVED) Account NSEB Approved Amount Spend-to-Date Contingency/ Unbudgeted Spend-to-Date Comments Sponsor/Other Dona...

AI summary The document outlines contingency and unbudgeted spending related to the Ruth Falls Main Dam Refurbishment project, including adjustments for incorrect cost code applications, additional meal costs for community engagement and fish rescue operations, and increased Mi'kmaq engagement expenses.