N-3NSPI (CA) RIR-1 to 18 - Redacted
25 passages
REDACTED (f) Please explain why none of these issues or the associated costs were foreseen or identified previously? Response IR-3: 5 (a) The original environmental timelines and budget were developed based on internal subject matter exper...
AI summary The response explains that the original environmental timelines and budget for the Ruth Falls Main Dam Refurbishment project were based on previous refurbishment projects and regulatory processes in place at the time. New legislation enacted in 2019 increased permitting requirements, including the need for a Fisheries Act Authorization, which was not required during the original filing.
NON-CONFIDENTIAL Additional Information Requested March 31, 2021 NS Power provided an updated project and environmental description and associated appendices to NSECC April 9, 2021 6 & 7 Additional Information Requested June 18, 2021 NS Po...
AI summary The document outlines a series of information requests and approvals related to the Ruth Falls Main Dam Refurbishment project by NS Power, including updates to the project and environmental descriptions, applications for watercourse alteration approvals, and interactions with NSECC and NSUARB.
OFFICE USE ONLY Date Received: (yyyy/mm/dd) Application # 6 that are applicable to the specific activities of this application only. PLEASE PRINT OR TYPE. Complete Sections 1, 2, 3, 4 and 7 for ALL Applications. Complete areas of Sections...
AI summary This document is an application form submitted by Nova Scotia Power Inc. for a regulatory proceeding. It includes details about the applicant, contact information, and other administrative data required for processing the application.
CI 50518 CA IR-5 Attachment 1 Page 10 of 35 Nova Scotia Environment Application for Approval DIVISION 1 - WATER SECTION 7 – DECLARATION
AI summary The document is an application for approval under Division 1 - Water, submitted by Nova Scotia Environment. It includes a declaration under Section 7, though the content of the declaration is not detailed in the provided text.
CI 50518 CA IR-5 Attachment 3 Page 1 of 17 REDACTED (CONFIDENTIAL INFORMATION REMOVED) PO Box 910 ● Halifax, Nova Scotia ● Canada ● B3J 2W5 February 27, 2020 Grant Brown Nova Scotia Environment 30 Damascus Road, Suite 115 Bedford, NS B4A 0...
AI summary This document is a response from Nova Scotia Power to a request from Grant Brown of Nova Scotia Environment for additional information regarding application #2019-2638165-00, dated February 27, 2020.
1. Provide design drawings to record of the proposed works, their methods, and mitigations used. The most recent engineering drawings for the Project are provided in Appendix A; additional information pertaining to NS Power's proposed cons...
AI summary NS Power has submitted 95% engineering drawings for the Ruth Falls Dam refurbishment project, stating that they anticipate no major changes before the Issued for Construction (IFC) stage. They argue that these drawings sufficiently demonstrate the proposed work and its environmental impact, and request that a condition be added to the approval requiring the submission of stamped IFCs before construction begins.
3.0 REGULATORY PERMITS/APPROVALS In addition to the Watercourse Alteration Approval required in accordance with Section 5(A)(1)(c) of the Activities Designation Regulations of the Environment Act , an authorization under Section 35(2)(b) o...
AI summary The project requires several regulatory permits and approvals, including a Watercourse Alteration Approval, a variance to an existing water approval, and an authorization under the Fisheries Act. Additional authorization from Transport Canada's Navigation Protection Program is also needed. No other permits are anticipated.
OFFICE USE ONLY Date Received: (yyyy/mm/dd) Application # PLEASE PRINT OR TYPE. Complete Sections 1, 2, 3, 4 and 7 for ALL Applications. Complete areas of Sections 5 and 6 that are applicable to the specific activities of this application...
AI summary The document is an application form submitted by Nova Scotia Power Inc. for a project, including details such as the applicant's name, contact information, and address. The form is used for regulatory purposes and includes sections for different types of applications.
PROJECT OVERVIEW NSPI is proposing the installation of sluice gates on the Ruth Falls Dam (the "Project"), located on the Sheet Harbour Hydro System in Sheet Harbour NS, in 2021. This work is necessary in order to address structural and fr...
AI summary NSPI proposes installing sluice gates on the Ruth Falls Dam in 2021 to address structural issues and improve operability. This project is separate from the ongoing Ruth Falls Dam Refurbishment, which has faced regulatory delays. The sluice gates will enhance water management and reduce environmental impact during future construction.
2. Scope - a. This Approval (the "Approval") relates to the Approval Holder(s) and their application and all documentation submitted to the Department prior to the issuance of this approval for the Dam situated at or near Ruth Falls Headpo...
AI summary This section outlines the scope of the Approval, specifying that it applies to the Approval Holder(s) and their application for the Dam at Ruth Falls Headpond - PID 40221673, and requires compliance with the Approval and reference documents.
3. General - a. The Approval Holder(s) shall conduct the Designated Activity in accordance with the following provisions: - i. The Act, as amended from time to time; - ii. Any standard adopted by the Department, as amended from time to tim...
AI summary This section outlines the responsibilities and conditions for the Approval Holder(s) in conducting the Designated Activity, emphasizing compliance with legislation, obtaining necessary permits, and adherence to terms and conditions of the Approval. It also details procedures for renewal, amendment, and notification of non-compliance.
3.0 REGULATORY PERMITS/APPROVALS In addition to the Watercourse Alteration Approval required in accordance with Section 5(A)(1)(c) of the Activities Designation Regulations of the Environment Act , an authorization under Section 35(2)(b) o...
AI summary The document outlines the regulatory permits and approvals required for a project, including a Watercourse Alteration Approval, a variance to an existing water approval, and a Species At Risk permit. It also details adjustments to water management practices during construction, particularly concerning fish passage and salmon flow requirements.
2. Scope - a. This Approval (the "Approval") relates to the Approval Holder(s) and their application and all documentation submitted to the Department prior to the issuance of this approval for the Dam situated at or near Ruth Falls Headpo...
AI summary This section outlines the scope of the Approval, specifying that it applies to the Approval Holder(s) and their application for the Dam at Ruth Falls Headpond - PID 40221673, and requires compliance with the Approval and reference documents.
3. General - a. The Approval Holder(s) shall conduct the Designated Activity in accordance with the following provisions: - i. The Act, as amended from time to time; - ii. Any standard adopted by the Department, as amended from time to tim...
AI summary This section outlines the responsibilities and conditions for the Approval Holder(s) in conducting the Designated Activity, emphasizing compliance with legislation, obtaining necessary permits, and adherence to terms and conditions of the Approval. It also details procedures for renewal, amendment, and notification of non-compliance.
COMPLETION OF THE APPROVED WORK A condition of this Approval requires that the Approval Holder notify Nova Scotia Department of Environment and Climate Change that the work authorized is complete. Please enter the information on this sheet...
AI summary The document outlines a condition requiring the Approval Holder to notify the Nova Scotia Department of Environment and Climate Change when the approved work is completed, including contact information for submission.
COMPLETION OF THE APPROVED WORK A condition of this Approval requires that the Approval Holder notify Nova Scotia Department of Environment and Climate Change that the work authorized is complete. Please enter the information on this sheet...
AI summary The document outlines a condition requiring the Approval Holder to notify the Nova Scotia Department of Environment and Climate Change when the approved work is completed, including contact information for submission.
PROJECT OVERVIEW NS Power is proposing refurbishment of the Ruth Falls Dam (the "Project"), located on the Sheet Harbour Hydro System in Sheet Harbour NS, in 2024. This work is necessary in order to address structural and freeboard deficie...
AI summary NS Power is proposing to refurbish the Ruth Falls Dam in Sheet Harbour, NS, in 2024 to address structural deficiencies and meet dam safety guidelines. The project includes replacing stop log bays with rubber dams, installing a spillway, and improving fish passage. Regulatory approvals have been adjusted over time, with some aspects of the project already approved and others planned for future implementation.
3.0 REGULATORY PERMITS/APPROVALS In addition to the Watercourse Alteration Approval required in accordance with Section 5(A)(1)(c) of the Activities Designation Regulations of the Environment Act , an authorization under Section 35(2)(b) o...
AI summary The document outlines the regulatory permits and approvals required for a project, including a Watercourse Alteration Approval under the Environment Act and an authorization under the Fisheries Act. A variance to an existing water approval is also needed, along with specific operational and flow requirements during construction.
Overview The Sheet Harbour Hydro system, including generation at Malay Falls and Ruth Falls has been providing clean, renewable electricity to Nova Scotians for nearly one hundred years. The system requires maintenance and upgrades to ensu...
AI summary Nova Scotia Power plans to refurbish the Ruth Falls Main Dam starting in 2024, involving the replacement of stoplog bays with rubber inflatable dams and sluice gates. The project requires regulatory permits and includes a habitat offsetting initiative for Atlantic Salmon, in partnership with the Mi'kmaw Conservation Group and NS Salmon Association.
PROJECT OVERVIEW NS Power is proposing refurbishment of the Ruth Falls Dam (the "Project"), located on the Sheet Harbour Hydro System in Sheet Harbour NS, in 2024. This work is necessary in order to address structural and freeboard deficie...
AI summary NS Power proposes to refurbish the Ruth Falls Dam in 2024 to address structural deficiencies and meet safety guidelines. The project includes replacing stop log bays with rubber dams, installing new spillways, and improving fish passage. Regulatory approvals have been sought and revised over several years, with the latest application still under review.
Overview The Sheet Harbour Hydro system, including generation at Malay Falls and Ruth Falls has been providing clean, renewable electricity to Nova Scotians for nearly one hundred years. The system requires maintenance and upgrades to ensu...
AI summary Nova Scotia Power plans to refurbish the Ruth Falls Main Dam, including replacing stoplog bays with rubber inflatable dams and sluice gates. The project requires regulatory approvals and involves lowering the headpond temporarily. A habitat offsetting project with the Mi'kmaw Conservation Group and NS Salmon Association is also part of the effort to support Atlantic Salmon recovery.
3. General - a. Unless otherwise specified in this approval, the Approval Holder(s) shall conduct the Designated Activity in accordance with the following provisions: - i. The Act, as amended from time to time; - ii. Any standard adopted b...
AI summary The approval holder must conduct the designated activity in accordance with the Act and relevant standards, obtain all necessary licenses and permits, and ensure they have control or ownership of the lands where the activity occurs. Failure to comply may result in cancellation or suspension of the approval.
CI 50518 CA IR-5 Attachment 22 Page 4 of 11 REDACTED (CONFIDENTIAL INFORMATION REMOVED) - d. If there is a discrepancy between the reference documents and the terms and conditions of this Approval, the terms and conditions of this Approval...
AI summary This document outlines the terms and conditions of an approval, emphasizing compliance, notification requirements, and responsibilities of the Approval Holder. It includes obligations for environmental monitoring, laboratory analysis, construction oversight, and certification by a qualified professional engineer.
CI 50518 - HYD - Ruth Falls Main Dam Refurbishment ATO (NSUARB M11927) NSPI Responses to The Consumer Advocate Information Requests 1 (c) The enactment of the 2019 Fisheries Act and 2019 Canadian Navigable Waters Act, which 2 took place af...
AI summary The document discusses the additional costs incurred by NSP due to new regulatory requirements following the 2019 Fisheries Act and Canadian Navigable Waters Act, including fish passage upgrades and engagement with the Mi'kmaq of Nova Scotia. These costs were not anticipated during the original application due to evolving engagement practices and lessons learned from previous projects.
NON-CONFIDENTIAL 1 Request IR-14: 2 3 Reference: "The original contingency amount remains unchanged, however additional 4 contingency has been added to cover uncertainty around the amount of offsetting costs 5 required by DFO, which has ye...
AI summary NS Power has added contingency to cover potential offsetting costs required by DFO, which could vary significantly. The estimated range for these costs is between $320,000 and $1.45 million, based on different scenarios provided by DFO.
N-6NSPI (NSUARB) RIR-1 to 13 - Redacted
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CI 50518 - HYD - Ruth Falls Main Dam Refurbishment ATO (NSUARB M11927) NSPI Responses to NSUARB Information Requests 1 Request IR-1: 4 Project Detailed Cost Estimate" and in the project specifications and design. 5 6 (a) Has NS Power made...
AI summary The document outlines responses from NS Power to information requests regarding the Ruth Falls Main Dam Refurbishment ATO. It addresses whether changes were made to DFO requirements, confirms compliance with CDA Guidelines 2007 (Revised 2013), and references the 2019 ACE Plan proceeding (Matter M08984).
9 14 15 (v) 2 (iii) Additional security costs for the exposed pre-contact First Nations archaeological 3 sites on the reservoir during the drawdown of Ruth Falls reservoir in 2025-2026 are 4 required to avoid artifact looting. NS Power use...
AI summary The text discusses additional security costs for archaeological sites during the Ruth Falls reservoir drawdown, referencing historical data from the Gaspereau project. It also mentions cost variances in pumping, mobilization, and cofferdam costs due to a three-year gap between the 2019 NSUARB estimate and contractor bids in February 2021. Site supervision costs are also outlined.
CONFIDENTIAL (Attachment Only) DFO Communic ation to NS Power Date Received Supplemental Information Requested by DFO NS Power Follow up Actions and Response to DFO NS Power Response Date Attachment Reference Complete Letter January 29, 20...
AI summary This confidential attachment details communication between the Department of Fisheries and Oceans (DFO) and Nova Scotia Power (NS Power) regarding NS Power's proposal. The DFO has raised concerns and requested additional information, particularly related to feedback from the Mi'kmaq of Nova Scotia and revisions to the monitoring plan.
Texts in brackets refer to the provisions of the Authorizations Concerning Fish and Fish Habitat Protection Regulations (hereafter "the Regulations") or of their Schedules. 1. Applicant Contact In formation Applicant's Name: If applicable:...
AI summary The document outlines an application by Nova Scotia Power Inc. to the DFO, including contact information for the applicant, submission status of required documentation, and details of the proposed work. The application includes a financial guarantee and a description of the proposed activity.
CI 50518 NSUARB IR-12 Attachment 2 Page 4 of 50 REDACTED (CONFIDENTIAL INFORMATION REMOVED)
AI summary The document is a redacted attachment from a Nova Scotia Utility and Review Board proceeding, likely related to a regulatory case involving Nova Scotia Power or similar entities. The specific content is not visible due to redaction, but the context suggests it involves regulatory processes and utility-related matters.
2.0 DESCRIPTION OF PROPOSED WORK, UNDERTAKING OR ACTIVITY NSPI is proposing refurbishment of the Ruth Falls Dam (the "Project"), located on the Sheet Harbour Hydro System in Sheet Harbour NS, in 2021. This work is necessary in order to add...
AI summary NSPI proposes to refurbish the Ruth Falls Dam to address structural and safety issues, in line with CDA guidelines. The project involves replacing stop-log bays with rubber dams and vertical lift gates, modifying spillway structures, and temporarily lowering the reservoir for construction. Fish conveyance systems will be dewatered during the work.
Table 6: Residual Harm from Potential Impacts Associated with the Ruth Falls Main Dam Refurbishment Potential Effect Measure to Mitigate Serious Harm Potential Residual Serious Harm to Fish Loss of ~60 m2 of fish habitat in the East River...
AI summary Table 6 outlines the residual harm from potential impacts associated with the Ruth Falls Main Dam Refurbishment, including the loss of 60 m2 of fish habitat and the mitigation measure of offsetting described in section 16.
Temporary loss of fish habitat (approximately 1.15 km2 ) due to lowering of the reservoir beyond the minimum operating level observed from April 1 – Nov. 30 annually. Lowering the headpond approximately 18' is required in order to complete...
AI summary The temporary loss of fish habitat due to lowering the Ruth Falls Dam reservoir is a necessary step for refurbishment. NS Power acknowledges this impact and proposes mitigation measures to reduce effects on fish habitat, including slow and controlled drawdown and maintaining water flow.
Potential Effect Measure to Mitigate Serious Harm Potential Residual Serious Harm to Fish Inability to provide safe fish passage upstream and downstream during construction. During construction, the fish ladder and fish bypass will be dewa...
AI summary The document outlines measures to mitigate serious harm to fish during construction, including the use of a fish ladder, fish bypass, and management of water levels to ensure safe fish passage upstream and downstream. These measures are designed to avoid disruption during critical migration periods.
CI 50518 CA IR-5 Attachment 1 Page 95 of 132 REDACTED (CONFIDENTIAL INFORMATION REMOVED) Ruth Falls Dam Refurbishment S 35(2)(b) Fisheries Act Authorization Monitoring Plan Figure 4: NS Department of Lands and Forestry Wetland Inventory Ma...
AI summary NS Power is preparing a monitoring plan for the Ruth Falls Dam Refurbishment, considering the potential short-term impact of a 9-month drawdown on wetlands. While long-term impacts are not anticipated, the extent of potential effects remains unknown.
4.6.3.1 Wetland Monitoring Plan While no permanent long-term alterations to the wetlands on Ruth Falls Headpond are anticipated, NS Power proposes to contract a third-party qualified wetland consultant to develop and execute a wetland moni...
AI summary NS Power plans to implement a wetland monitoring program for the Ruth Falls Headpond project, involving a third-party consultant to monitor wetland health, species cover, soil and water levels, and impacts on fish and fish habitat.
CI 50518 NSUARB IR-12 Attachment 9 Page 3 of 7 REDACTED (CONFIDENTIAL INFORMATION REMOVED) Pêches et Océans Canada On May 4, 2022, NS Power informed DFO that the Phase 1 works (i.e., replacement of stoplog bays with vertical lift gates and...
AI summary NS Power informed DFO that Phase 1 works will now occur during the drawdown for Phase 2, requiring a revised Fisheries Act authorization application. DFO requested a complete standalone application, including specific forms, regulations, and a concordance table. An additional letter of credit may be needed after final review.
Response to DFO Incomplete Letter Dated May 5, 2022 - Concordance Table DFO Information Request Section in FAA Application Additional Notes, if applicable If this is to be completed in the post-construction monitoring plan to be submitted...
AI summary The document responds to an incomplete letter from the Department of Fisheries and Oceans (DFO) regarding the post-construction monitoring plan, which must be submitted by January 1, 2023. It references updates to the January 2022 Supplemental Information document and provides details about a downstream bypass pipe and a proposed 8-day drawdown scenario at Ruth Falls.
Table 8 - Residual Harm from Potential Impacts Associated with the Ruth Falls Dam Refurbishment Potential Effect Measure to Mitigate Serious Harm Potential Residual Serious Harm to Fish
AI summary Table 8 outlines potential residual harm from the Ruth Falls Dam Refurbishment, focusing on impacts to fish and mitigation measures. The table is structured to identify potential effects, corresponding mitigation strategies, and the residual serious harm to fish.
REDACTED (CONFIDENTIAL INFORMATION REMOVED) CI 50518 NSUARB IR-12 Attachment 10 Page 224 of 591
AI summary The text is a redacted section from a regulatory proceeding document, likely containing confidential information. It references a specific case (CI 50518) and an attachment from the NSUARB (Nova Scotia Utility and Review Board). The content is not visible due to redaction.
Ruth Falls Dam Refurbishment Project Fisheries Act Authorisation Application 2024 Monitoring Plan July 2023
AI summary The document outlines the 2024 Monitoring Plan for the Ruth Falls Dam Refurbishment Project, which includes a Fisheries Act Authorisation Application. This plan is part of the regulatory process for the project and is dated July 2023.
CI 50518 NSUARB IR-12 Attachment 10 Page 314 of 591 REDACTED (CONFIDENTIAL INFORMATION REMOVED) Ruth Falls Dam Refurbishment S 35(2)(b) Fisheries Act Authorization Monitoring Plan
AI summary The document outlines a monitoring plan for the Ruth Falls Dam Refurbishment under the Fisheries Act Authorization S 35(2)(b). It includes a visual component, likely related to environmental monitoring or compliance measures.
CI 50518 NSUARB IR-12 Attachment 10 Page 320 of 591 REDACTED (CONFIDENTIAL INFORMATION REMOVED) Ruth Falls Dam Refurbishment S 35(2)(b) Fisheries Act Authorization Monitoring Plan
AI summary This document outlines a monitoring plan related to the Ruth Falls Dam Refurbishment under the Fisheries Act Authorization S 35(2)(b). The plan is part of a regulatory proceeding and includes a redacted image.
CI 50518 NSUARB IR-12 Attachment 10 Page 323 of 591 REDACTED (CONFIDENTIAL INFORMATION REMOVED) Ruth Falls Dam Refurbishment S 35(2)(b) Fisheries Act Authorization Monitoring Plan
AI summary This document outlines a monitoring plan for the Ruth Falls Dam Refurbishment under section 35(2)(b) of the Fisheries Act Authorization. It focuses on environmental monitoring and compliance with regulatory requirements during the refurbishment process.
CI 50518 NSUARB IR-12 Attachment 10 Page 342 of 591 REDACTED (CONFIDENTIAL INFORMATION REMOVED) Wetland and Wetland Fish Habitat Monitoring Plan, Ruth Falls Reservoir December 14, 2022 Ms. Kailey Osborne Nova Scotia Power Inc. Project # 21...
AI summary The document outlines a Wetland and Wetland Fish Habitat Monitoring Plan for the Ruth Falls Reservoir project, submitted by Nova Scotia Power Inc. on December 14, 2022, as part of the regulatory process for project #21-7960.
Downstream Louvre System Improvements x NS Power notes, "Upon completion of the proposed improvements to the louvre system, NS Power is committed to completing an eel pit-tagging study to assess how the changes impact the downward migratio...
AI summary NS Power plans to conduct an eel pit-tagging study after improving the downstream louvre system to assess impacts on fish migration. The study will include American Eel and Alewife, with monitoring methods for other species like juvenile Gaspereau.
2.0 PROJECT OVERVIEW Nova Scotia (NS) Power is proposing refurbishment of the Ruth Falls Dam (the "Project"), located on the Sheet Harbour Hydro System in Sheet Harbour NS, in 2024. This work is necessary to address structural and freeboar...
AI summary Nova Scotia Power is proposing to refurbish the Ruth Falls Dam in 2024 to address structural and safety issues. The project is necessary to comply with dam safety guidelines and has undergone several regulatory approvals and adjustments since 2019. The scope has changed over time, with some components, like the sluiceway refurbishment, being excluded in later approvals.
Table 10 - Residual Harm from Potential Impacts Associated with the Ruth Falls Dam Refurbishment Potential Effect Measure to Mitigate Serious Harm Potential Residual Serious Harm to Fish Reduced ability for salmon to migrate upstream due t...
AI summary The table discusses the residual harm from the Ruth Falls Dam refurbishment, specifically focusing on the impact of reduced supplemental flows on salmon migration. Despite restrictions in water management during construction, the low number of observed salmon and continuous water passage through sluiceway bays suggest no residual harm is anticipated.
Ruth Falls Dam Refurbishment Project Fisheries Act Authorisation Application 2024 Monitoring Plan December 2023
AI summary The document outlines the 2024 Monitoring Plan for the Ruth Falls Dam Refurbishment Project, which involves a Fisheries Act Authorisation Application. The plan is part of the project's regulatory process and includes monitoring activities related to the refurbishment.
CI 50518 NSUIARB IR-12 Attachment 12 Page 319 of 576 REDACTED (CONFIDENTIAL INFORMATION REMOVED) Ruth Falls Dam Refurbishment S 35(2)(b) Fisheries Act Authorization Monitoring Plan drawdown activities. See Appendix P – ACCDC report in the...
AI summary The document outlines a monitoring plan for the Ruth Falls Dam Refurbishment under the Fisheries Act, focusing on potential short-term impacts of drawdown activities on wetlands. NS Power acknowledges the uncertainty regarding the extent of these impacts, despite expecting no long-term changes to species composition or hydrology.
3.8 REPORTING NS Power will provide a report on 2024 drawdown monitoring activities by December 31st, 2025, detailing results of the fish rescue survey and mortality estimates, results and estimates for downstream entrainment and results o...
AI summary NS Power will submit a report by December 31, 2025, detailing 2024 drawdown monitoring activities, including fish rescue surveys, mortality estimates, downstream entrainment, habitat assessments, and water quality surveys as required by NSECC. Wetland monitoring reporting will follow the plan in Appendix M.
5.5 REPORTING A post-construction monitoring report will be provided to DFO by March 1st of 2026 and 2027. Reporting will include: - Results of upstream escapement monitoring; - Results of daily and weekly inspections; - Results of any for...
AI summary The document outlines the reporting requirements for post-construction monitoring, including specific data to be submitted to DFO by March 1st of 2026 and 2027, and by May 1, 2026, related to fish passage studies.
CI 50518 NSUIARB IR-12 Attachment 12 Page 344 of 576 REDACTED (CONFIDENTIAL INFORMATION REMOVED) Ms. Kailey Osborne Nova Scotia Power Inc. 1223 Lower Water Street Halifax, NS B3J 3S8 Dear Ms. Osborne, Re: Response to DFO Comments for the R...
AI summary Nova Scotia Power Inc. responds to DFO's questions about how results from six monitored wetlands will be extrapolated to inform fish habitat offsetting requirements. The wetlands were selected based on a desktop review and are distributed to represent different areas and types affected by the reservoir.
N-8Midgard Evidence - Redacted
12 passages
INTRODUCTION - Midgard Consulting Inc. ( "Midgard" ) has been retained by Counsel for the Nova Scotia Utility and Review - Board ( "NSUARB" ) to carry out a review of Nova Scotia Power Inc.'s ( "NS Power" ) "CI 50518 - HYD Ruth Falls - Mai...
AI summary Midgard Consulting Inc. has been retained by the Nova Scotia Utility and Review Board (NSUARB) to review Nova Scotia Power Inc.'s application for an Authorization to Overspend (ATO) on its Ruth Falls Dam Refurbishment Project. The ATO request follows a previously approved 2019 Annual Capital Expenditure (ACE) application. Midgard will assess NS Power's actions since the close of the original proceeding and review past evidence relevant to the current application.
ies - therefrom, DFO concluded that a Fisheries Act Authorization (" FAA ") [4](#page-5-0) would be required. This determination - resulted in a four-year ordeal to have its application for FAA accepted as complete and resulted in the - in...
AI summary The Ruth Falls Main Dam project faced significant delays and increased costs due to the need for a Fisheries Act Authorization (FAA), which required additional studies, design changes, and environmental mitigation efforts. These challenges, including engagement with the Mi'kmaq and archaeological investigations, were not accounted for in the original budget and have contributed to a variance reported in the ATO Application.
1.3 Report Structure - To organize its report, Midgard reviewed a previously stated requirement for an ATO justification noted by - NS Power in its 2012 General Rate Application proceeding: - "In requesting an ATO, Nova Scotia Power must s...
AI summary Midgard's report evaluates NS Power's ATO application by analyzing whether the cost increases are due to prudent actions and if the project remains in the best economic interest of ratepayers. It focuses on environmental permitting, construction timelines, and Mi'kmaq engagement.
In May, 2023, DFO published a new position statement "The Management of Existing Facilities and Structures under the Fisheries Act and the Species at Risk Act". That document states: "The purpose of this statement is to outline the positio...
AI summary DFO published a new position statement in May 2023 regarding the application of the Fisheries Act and Species at Risk Act to existing facilities. The statement clarifies that while ongoing operations and modifications of existing structures must comply with these acts, impacts from prior construction are not considered. The Ruth Falls Dam alteration is presumed to be a 'modification' requiring a new fish ladder for American Eel migration, significantly increasing the project's scope.
2.2.2 Analysis - Midgard has conducted a high-level review of the extensive correspondence between NSECC and NS Power. - Midgard does not have direct experience or background with NSECC processes and interactions, and is - therefore not in...
AI summary Midgard reviewed correspondence between NSECC and NS Power and found that NS Power responded appropriately but faced challenges due to shifting project designs and schedules, primarily driven by changing requests from DFO, which hindered the provision of finalized design drawings and contractor documentation.
5.1.2 Analysis - All of the alternatives considered by NS Power require the drawdown of the headpond, which is the primary driver of environmental permitting requirements and costs. When asked whether alternatives were - considered which w...
AI summary NS Power evaluated alternatives for the Ruth Falls Generating Station but found that all require headpond drawdown due to environmental and safety concerns. Decommissioning was not considered, as the station is critical for meeting 2030 legislative requirements and has a long remaining operational life.
5.1.3 Midgard Conclusion - NS Power's justification for not considering an alternative that did not require drawdown of the headpond appears reasonable. Therefore, the "repair or replace" alternatives considered by NS Power are appropriate...
AI summary Midgard acknowledges NS Power's justification for not considering an alternative that avoids headpond drawdown but criticizes NS Power for not re-evaluating the decision to exclude decommissioning options despite significant cost increases. Midgard suggests the NSUARB should review this decision to ensure it aligns with ratepayers' best interests.
SUMMARY AND CONCLUSIONS - Midgard has structured this review report to address the following questions: - 1. Are the cost increases being sought in the ATO the result of prudent actions by NS Power? To answer this question, Midgard analyze...
AI summary Midgard's review report addresses two key questions regarding NS Power's ATO application: whether cost increases are due to prudent actions and if the project remains in ratepayers' best economic interest after accounting for overspending. The analysis considers environmental permitting, construction timelines, and Mi'kmaq engagement.
6.1.1 Fisheries Act Authorization - Midgard's opinion is that despite its best efforts, NS Power had little choice but to invest significant time and - effort in attempting to meet a series of changing and increasingly detailed requests fo...
AI summary Midgard's opinion is that NS Power faced significant challenges in meeting evolving and detailed requests from DFO, which drove the costs of the ATO Application. Midgard believes NS Power acted prudently in responding to these requests despite the challenges.
6.4.1 Considered Alternatives - Despite Project costs increasing by 113% and $8.2M, NS Power has not re-evaluated its decision to not - consider a decommissioning option. Midgard understands the stated justifications for this (that the Pro...
AI summary Midgard argues that despite a 113% increase in project costs and an additional $8.2M, NS Power has not reconsidered its decision to exclude a decommissioning option. Midgard suggests that the NSUARB should have had the opportunity to evaluate whether a decommissioning option would be in the best interest of ratepayers.
P R O F E S S I O N A L E X P E R I E N C E – H Y D R O E L E C T R I C CRANBERRY CREEK HYDROELECTRIC PROJECT ( 2023 to present) – A run-of river project in British Columbia's interior. Asset condition assessment and capital investment pri...
AI summary The text outlines the professional experience of an individual in hydroelectric projects, including advisory roles in asset assessments, project optimization, and technical advisory services in regulatory proceedings across Canada and Sierra Leone.
I N D U S T R Y E X P E R I E N C E MIDGARD CONSULTING INC. 2021 - Present Consultant, Vancouver BC - Conducted comprehensive analyses of solar photovoltaic systems using PSS/E, assessing integration, performance, and grid impact, includin...
AI summary Midgard Consulting Inc. has been conducting analyses of solar photovoltaic systems, feasibility studies, and project management for renewable energy projects. They have also performed audits of Feed-in Tariff contracts and contributed to regulatory filings and technical reports.
N-9Amended Evidence - Midgard - Redacted
9 passages
REVISION CONTROL Revision Description Date 0 Final report submission to the Nova Scotia Utilities and Review Board December 16, 2024 1 Updated report submission to the Nova Scotia Utilities and Review Board January 13, 2025 PERMIT TO PRACT...
AI summary The document outlines the revision control of a final report submitted to the Nova Scotia Utilities and Review Board, with the initial submission on December 16, 2024, and an updated submission on January 13, 2025. It also references a 'Permit to Practice' section, though no details are provided.
ving regulations and interpretations of a 2019 amendment of the Fisheries Act. This change in the Fisheries Act resulted in additional and previously unforeseen environmental permitting requirements. - These included securing authorization...
AI summary The Ruth Falls Main Dam project faced unexpected environmental permitting requirements due to a 2019 amendment to the Fisheries Act. This led to delays, increased costs, and additional studies, including fish passage design and an Environmental Offsetting Program. The project also required enhanced engagement with the Mi'kmaq and archaeological investigations.
1.2 Application Context - NS Power's ACE Plan process, guided by adherence to the Capital Expenditure Justification Criteria (" CEJC "), - ensures that capital expenditures undergo scrutiny and justification within the regulatory framework...
AI summary NS Power submitted an Original Application (M08984) in 2018 for capital expenditures, including the Ruth Falls Main Dam Refurbishment Project, which was approved in 2019. Now, NS Power is seeking an Authorization to Overspend (ATO) to increase the project budget by over $8 million.
Table 1: Relevant Proceeding Documentation Reviewed by Midgard Exhibit # Document N-1 ATO Application N-2 Letter of Comment N-3 NSPI (CA) RIR-1 to 18 N-4 NSPI (IG) RIR-1 to 10 N-5 NSPI (Midgard) RIR-1 to 6 N-6 NSPI (NSUARB) RIR-1 to 13 N-7...
AI summary This section lists the relevant proceeding documentation reviewed by Midgard, including various applications and reports submitted by NSPI to different regulatory bodies. It also references a site visit as part of the review process.
2.1.1 NS Power Submission In the ATO Application, NS Power states: "Subsequent to the approval of the original filing, NS Power was required to obtain a Fisheries Act Authorization (FAA) for the work from DFO, which was not required at the...
AI summary NS Power submitted an ATO application, explaining that post-approval requirements for a Fisheries Act Authorization (FAA) led to additional costs related to fish passage and an Environmental Offsetting Program. The submission details ongoing communications with DFO and the Confederacy of Mainland Mi'kmaq regarding the Ruth Falls Project, including several requests for information and revisions.
ication incomplete, citing the need for detailed offsetting plans and noting challenges due to limited project details and the drawdown's residual impacts: "We understand that NSPI would like to combine offsetting work for Sloane and Ruth...
AI summary The text discusses the delay in approval of offsetting plans for hydroelectric projects by DFO, citing the need for more detailed plans and the impact of project delays. NSPI is encouraged to refine its plans further, as DFO has shifted from accepting conceptual plans to requiring detailed designs.
2.3.1 NS Power Submission - In response to IRs, NS Power stated: - "NS Power applied for a Navigable Waters Authorization on April 30, 2021. This application is - submitted through TC's online Navigation Protection portal. A copy of the em...
AI summary NS Power applied for a Navigable Waters Authorization in April 2021, but it has not yet been received. The analysis notes that the referenced attachment is an automated email response, and Transport Canada's website shows two applications for the Ruth Falls dam, both listed as 'In Progress.' The East River is not a 'Scheduled' waterway, reducing review requirements. Midgard considers the authorization to be an area of low risk and does not believe it contributed to cost overruns.
3.2.1 Analysis In the ATO Application states: "… there have also been increases in the amount of project support labour, technical support labour, and term environmental support labour as a result of the extended construction timeline. " [...
AI summary The ATO Application highlights increased labour and material costs due to extended construction timelines and updated environmental permit requirements. NS Power explained cost minimization strategies, such as using internal labour and applying lessons learned from previous regulatory processes.
I N D U S T R Y E X P E R I E N C E MIDGARD CONSULTING INC. 2021 - Present Consultant, Vancouver BC - Conducted comprehensive analyses of solar photovoltaic systems using PSS/E, assessing integration, performance, and grid impact, includin...
AI summary Midgard Consulting Inc. has been conducting analyses of solar photovoltaic systems, feasibility studies, and project management for renewable energy projects. They have also been involved in regulatory filings, audits of Feed-in Tariff contracts, and providing technical reports for consulting services.
96572IG (Midgard - BCC) IR - 1 to 33
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2 NOVA SCOTIA UTILITY AND REVIEW BOARD 3 IN THE MATTER OF: The Public Utilities Act, RSNS 1989, c.380, as amended 4 - and - 5 IN THE MATTER OF: An application by Nova Scotia Power Incorporated for 6 approval of an Authorization to Overspen...
AI summary The Nova Scotia Utility and Review Board is handling an application by Nova Scotia Power Incorporated for an Authorization to Overspend (ATO) on a capital project related to the Ruth Falls Main Dam Refurbishment. The Industrial Group has submitted information requests to Midgard Consulting Inc., the Board Counsel Consultant, regarding revisions made to their evidence.
1 Request IR-3: 2 Reference: N-9, Revised Report, page 7, lines 20-26. Based on its interpretations of the 2019 Fisheries Act and evolving policies therefrom, DFO concluded that a Fisheries Act Authorization ("FAA") would be required. This...
AI summary The text discusses delays and additional requirements imposed by DFO under the 2019 Fisheries Act, leading to a four-year process for obtaining an FAA and changes in fish passage design and environmental offsetting programs. These changes were not anticipated in the original project budget and caused delays.
1 2 (c) How did this site visit contribute to the observations and conclusions made in Midgard's report? 3 (d) Please provide a copy of any notes or memos generated from this site visit. 4 Request IR-6: 5 Reference: N-9, Revised Report, pa...
AI summary The text outlines a series of information requests related to Midgard's report, including inquiries about the contribution of a site visit, the verification of communications between NSPI and DFO, and the sources of information used in the report regarding Fisheries Act amendments.
3 While subject to debate, it can be argued that the drawdown of the reservoir 4 would have resulted in non-permanent effects. 5 6 Midgard concludes that NS Power was acting reasonably in expecting that, 7 at the time of its original ACE f...
AI summary The text discusses NSPI's original ACE filing and the subsequent DFO response regarding the Ruth Falls project, highlighting the permanent instream footprint and potential impacts on fish habitat. NSPI initially expected no FAA requirement, but the DFO raised concerns about fish habitat disruption.
1 February 27, 2020 and March 2, 2020? If so, please provide. If not, how 2 does Midgard know the context in which the Request for Review was 3 submitted (noted at page 12, lines 6-7)? 4 (c) Can Midgard reconcile this information provided...
AI summary The text raises multiple questions regarding the Ruth Falls project, including the context of a Request for Review, changes in the dam's footprint, implications under the Fisheries Act, and whether NSPI was aware of amendments to the Act prior to the 2019 ACE Plan filing.
rd in evaluating the reasonableness of NSPI's 27 expectations? 28 (h) If not, how has Midgard otherwise satisfied itself that it was reasonable for 29 NSPI not to expect to require an FAA on this hydro project? 30 (i) Given the significant...
AI summary The text raises questions regarding the evaluation of NSPI's expectations and the reasonableness of not requiring an FAA for a hydro project, particularly in light of changes to the Fisheries Act and the proposed refurbishment at Ruth Falls.
- 3 Preamble: Midgard has quoted the DFO's letter from July 8, 2021 referencing NSPI's - 4 communication on July 6, 2021. - 5 (a) Has Midgard had an opportunity to review the communication noted from 6 NSPI to the DFO on July 6, 2021 confi...
AI summary The document references a communication from NSPI to the DFO on July 6, 2021, regarding a change in scope and timeline of a project. It asks whether Midgard had the opportunity to review this communication and whether NSPI should have applied to the Board under the CEJC due to the scope change.
4 Request IR-12: 5 Reference: N-8, Original Report, page 13, lines 26-27, and page 14, lines 1-3. Ultimately, Midgard concludes that the changing context of the Fisheries Act and resulting consequences on NS Power's Project execution proce...
AI summary Midgard's report discusses the significant costs imposed on NS Power due to changes in the Fisheries Act and evolving regulatory requirements. The report initially stated that these changes were the primary driver of costs but later revised this to a 'necessary response'. The report also highlights that NS Power acted 'generally prudent' in responding to DFO's requests, though it does not address whether NSPI acted prudently or how it responded to NSECC's requests.
33 is related to interactions with the DFO, rather than the NSECC? 1 Please elaborate, and explain how this may or may not have impacted the 3 NSECC process as part of this Project should have been foreseeable by 4 NS Power at the time of...
AI summary The text discusses the NSECC process and delays in obtaining a watercourse alteration permit, attributing the delays to issues initiated during the DFO FAA process. Midgard claims NS Power acted reasonably, but the question remains whether the NSECC would typically require such detailed documentation and how the delays may have impacted the process.
1 2 reasonable; what is Midgard's recommendation to the Board on how to proceed? 3 4 (g) Does Midgard have any recommendation on how cost estimates for archeological costs can be improved on future hydro projects? 5 Request IR-20: 6 Refere...
AI summary The document contains requests for clarification regarding cost estimates, confidentiality of contract amounts, and the reasonableness of increased contract costs in a 2019 ACE application. Midgard concludes that the increased costs are reasonable, citing expanded project scope and regulatory delays.
- 33 (d) On what basis has Midgard concluded this would not have "materially 34 affected the outcome" of the original approval of this project? 1 (e) Does Midgard view the estimated engagement costs included in the ATO 2 to be reasonable?...
AI summary The text raises questions about Midgard's reasoning regarding the impact of a project on prior approvals, the reasonableness of engagement costs in an ATO, and the increase in the AO rate. It also references cost management practices by NS Power and asks about lessons learned from previous regulatory applications.
- 28 (f) How are offsetting measurements usually determined on hydro projects 29 such as this? (g) Has Midgard considered the DFO's concerns with respect to "high 24 25 Midgard within that report? (b) 26 27 28 All of the alternatives consi...
AI summary The text discusses hydro project offsetting measurements and asks whether Midgard has reviewed a report by Kleinschmidt Associates Canada Inc. on alternatives considered by NS Power. It also inquires about the drawdown requirements for each option and whether the project aligns with NS Power's plans and its Integrated Resource Plan (IRP).
97079Closing Submission - IG
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Delivered by E-mail Crystal Henwood Regulatory Affairs Officer/Clerk Nova Scotia Utility and Review Board 3rd Floor, 1601 Lower Water Street PO Box 1692, Unit "M" Halifax NS B3J 3S3 Dear Ms. Henwood: Re: M11927 - NSPI - CI 50518 – HYD Ruth...
AI summary The Industrial Group opposes the approval of NSPI's ATO for the Ruth Falls Main Dam Refurbishment, citing a significant cost increase due to delays in environmental permitting and a lack of diligence in the original application. They argue that NSPI should resubmit with a more thorough analysis of alternatives or have the application placed in abeyance.
Test for ATOs In reviewing an application for an ATO, the Board is asked to consider whether the overspend claimed is necessary and prudent. In doing so, the Board must analyze whether the capital project continues to be economically justi...
AI summary The Board reviews ATO applications to ensure overspending is necessary, reasonable, and prudent, emphasizing NSPI's burden to prove economic justification and ratepayer benefit. The 2010 Tufts Cove 6 decision is referenced as a guide for evaluating such applications.
(1) There is insufficient evidence to assess the Project remains economically justified This is a foundational consideration. Having regard to the additional costs, the question is whether the Project remains economical. Here, the Board mu...
AI summary The document argues that there is insufficient evidence to determine if the Ruth Falls Main Dam refurbishment project remains economically justified. While the need for the project is acknowledged, the application lacks updated economic justification, and the ATO's justification section is identical to the original capital application.
is $84.5 million but there are limited details on how this was calculated, and the data used is outdated. There is further reference to the Depreciation Study, which is not yet available for review. The Industrial Group further submits tha...
AI summary The Industrial Group argues that there is insufficient evidence to support that the project remains in the best interest of ratepayers, citing outdated cost data and a lack of updated cost comparisons. NSPI claims that re-evaluation was unnecessary due to uniform cost increases from environmental permitting, but the Industrial Group and Board staff have requested this information, which remains unanswered.
The Fisheries Act amendments were, or ought to have been, contemplated Based on the evidence included in the record of this proceeding, along with concurrent hydro applications of NSPI, NSPI knew or ought to have known about the legislativ...
AI summary The document discusses NSPI's awareness of amendments to the Fisheries Act, particularly the need for a Fisheries Act Authorization (FAA) for the Ruth Falls refurbishment project. It argues that NSPI should have anticipated these legislative changes, even before they received Royal Assent, and incorporated them into its risk assessment and application process.
NSPI did not act diligently in advancing the Applications to the NSECC and DFO With respect to the advancement of the project, the construction has stalled based on the inability to obtain the requisite permits. This is both in respect of...
AI summary NSPI did not act diligently in advancing the Applications to the NSECC and DFO, leading to significant delays in obtaining required permits. The delay was partly due to NSPI submitting insufficient evidence and changing its approach, which required multiple refiles.
(4) The Amounts applied for are not the lowest reasonable cost to ratepayers NSPI has failed to establish that Option 4 remains the lowest cost option for ratepayers, and that it remains in the best interest of customers. As noted above, t...
AI summary NSPI has not demonstrated that Option 4 is the lowest reasonable cost for ratepayers, citing a lack of updated cost comparisons. Midgard also has not evaluated the ATO application for cost reasonableness, relying on outdated justifications.
Conclusion The issue in this ATO is that NSPI failed to account for the need for an FAA in the original application, and the approach to the FAA application and Watercourse Alteration Approval has resulted in significant delays and costs o...
AI summary The ATO application for the Ruth Falls refurbishment project is criticized for significant delays and increased costs due to NSPI's failure to account for the need for an FAA in the original application. The Industrial Group argues that due diligence could have prevented these costs. The submission requests an updated cost analysis to determine if Option 4 remains the least costly and questions whether ratepayers should bear the additional costs.
97234Reply to Closing Submissions NSPI
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April 8, 2025 Ms. Crystal Henwood Regulatory Affairs Officer/Clerk Nova Scotia Energy Board 1601 Lower Water Street, 3rd Floor P.O. Box 1692, Unit "M" Halifax, NS B3J 3S3 Re: M11927 – CI 50518 – HYD – Ruth Falls Main Dam Refurbishment – Cl...
AI summary This document outlines the procedural timeline for the regulatory proceeding concerning the Ruth Falls Main Dam Refurbishment. It includes the submission of an Authorization to Overspend, site visits, information requests, evidence filings, and the submission of closing arguments by various parties involved in the process.
REPLY TO CLOSING SUBMISSIONS OF THE CONSUMER ADVOCATE The CA presented two recommendations to the Board in their submissions, as follows: - 1. That the Board direct Nova Scotia Power to undertake a review of its budgeting processes for arc...
AI summary The Consumer Advocate recommends that Nova Scotia Power review its archaeological budgeting processes and include decommissioning options in future hydro applications. NS Power agrees to review its processes and will include decommissioning costs in future applications, acknowledging the need for evaluation.
Test for ATOs The IG referenced an 'explicit ATO test' in its submissions and outlined the conditions for this test within its evidence.2F 3 However, the submissions of the IG do not accurately represent the established tests for ATO appli...
AI summary The Industrial Group (IG) proposed an explicit ATO test, which NS Power argues is incorrect and prescriptive. NS Power asserts that the existing three-part test, focusing on reasonableness, prudence, and the use of a reasonable standard of care, should be used instead. The Board has historically applied this test, and NS Power believes the IG's approach is overly prescriptive and inappropriate for ATO applications.
Burden of Proof The IG refers to the applicable burden of proof in this proceeding and states its position that "it is NSPI that must produce sufficient evidence that it has acted prudently in its application and execution of the capital p...
AI summary The Industrial Group (IG) argues that Nova Scotia Power (NSPI) must prove prudence in its capital project and refurbishment proposal. However, the IG's position overlooks the base assumption of prudency and the ability of intervenors to challenge it with evidence, shifting the burden back to NSPI in the rebuttal phase. The text emphasizes that stakeholders should raise concerns early in the process to ensure regulatory efficiency.
Scope Changes As discussed in NS Power's Response to Board IR-07, the total cost of any option selected by NS Power to deal with the safety concerns at Ruth Falls would have experienced the same degree of upward cost pressure due to changi...
AI summary NS Power explains that increased costs and delays in the Ruth Falls project are due to DFO requirements and increased archaeology, not changes in project scope. These factors apply equally to all refurbishment options, with drawdown being the primary driver of environmental permitting.
d in a detailed report on its condition. To withhold such an application pending a potential legislative change with unknown impact and timing would not have represented a reasonable standard of care. In addition to this, even if NS Power...
AI summary The text discusses NS Power's reasonable expectation regarding the impact of amendments to the Fisheries Act (FA) on the Ruth Falls project. It argues that the amendments' actual impact was uncertain at the time of the original ACE filing, as DFO's policies and interpretations of the FA were not yet formalized. Midgard concluded that NS Power acted reasonably in not requiring an FAA at that time.
Advancement of Applications to DFO and NSECC The IG submits that NS Power unnecessarily prolonged the FAA permitting process, and points to NS Power's evidence that an updated FAA package was submitted to DFO on February 28, 2025, approxim...
AI summary The Industrial Group (IG) criticizes NS Power for an eight-month delay in updating the FAA package submitted to DFO, but NS Power explains that delays were due to necessary steps like hiring consultants, engaging with the Mi'kmaq, and responding to DFO's new requirements. Midgard Consulting Inc. found NS Power's actions to be prudent despite the delays.
Request for Re-Application The IG has recommended that the ATO not be approved as filed, and that NS Power should re-apply or that the ATO application should be held in abeyance to allow all potential alternative options to be explored. Th...
AI summary The Industrial Group (IG) has recommended that the ATO not be approved as filed and that NS Power should re-apply or that the ATO application be held in abeyance. The IG argues that NS Power still does not know if a FAA permit will be issued and if there will be additional DFO requirements. NS Power has responded that meetings with DFO have been positive and that the FAA application has proceeded.
REPLY TO SUBMISSIONS OF THE SMALL BUSINESS ADVOCATE As noted in its response to the CA Submissions above, and in response to the SBA's submissions, NS Power will commit to providing decommissioning costs in future hydro applications, as ap...
AI summary NS Power will provide decommissioning costs in future hydro applications and has updated its Hydro Asset Study. It will provide regular updates to the Board regarding DFO costs and project plans. NS Power disagrees with pausing the ATO application until the FAA permit is granted, citing progress made with DFO and the Mi'kmaq.
CONCLUSION NS Power submits that the three-part test for ATO's has been met, as follows: 1. Were the utility's decisions reasonable in the context of information which was known (or should have been known) at the time? NS Power's decision...
AI summary NS Power argues that its decision to proceed with the Ruth Falls project was reasonable, prudent, and based on available information at the time, despite higher-than-expected archaeology costs. The company emphasizes that the project was necessary for dam safety and remains the lowest-cost solution for customers.