Topic:"Regulatory Compliance" in M11927

CI 50518 CA IR-5 Attachment 21 Page 114 of 465 REDACTED (CONFIDENTIAL INFORMATION REMOVED) A B C D E 190 bulrush is: water surface during most of the time water is present. [WBN] 191 <1% of the emergent vegetation, or emergent vegetation i...

AI summary The text contains a table with entries related to wetland assessment criteria, including the presence of bulrush, interspersion of emergent vegetation, and persistent deepwater areas. It includes references to various environmental and aquatic management frameworks and assessments.

REFERENCE DESCRIPTION SEAL DEPARTMENTAL APPROVALS Nova Scotia L SUMPLE DE CONTRICTION DE DIAGNOS AND CONTRICTION DE CONTRICTION OF THE CONTRICTION OF THE CONTRICTION OF THE CONTRICTION OF THE CONTRICTION OF THE CONTRICTION OF THE CONTRICTI...

AI summary The text contains a table with unclear and repeated entries, including a reference to a 'TESTIN G AGENCY' that must be a recognized commercial laboratory. The table also includes fields such as 'REFERENCE DESCRIPTION,' 'SEAL,' and 'DEPARTMENTAL APPROVALS,' suggesting it relates to regulatory or compliance processes.

REDACTED Drawdown monitoring plan Firm pricing by Consultant $55 Updates to the Offsetting Plan Firm Pricing by Consultant $47 Electrical design work for Rubber Dam Controls Building Internal estimate based on judgement $33 Barn Swallow Mo...

AI summary The text presents a table of costs related to various projects and monitoring plans, including drawdown monitoring, offsetting plan updates, electrical design work, and aerial imagery collection. It also references a specific proceeding (CI 50518 - HYD - Ruth Falls Main Dam Refurbishment ATO) and a related NSUARB matter (M11927), with responses from NSPI to information requests by Midgard Consulting.

12.0 CONTINGENCY MEASURES Both upstream and downstream fish passage will be closely monitored throughout construction. Should issues arise, the situation will be immediately assessed and decisions made regarding alternate methods by the Co...

AI summary The document outlines contingency measures for monitoring fish passage during construction. If issues arise, the Contractor, Project Manager, Engineers, Environmental Services, and Hydro Operations will assess and address them. Mitigation measures from Section 10 will be followed, and work will halt if these measures are ineffective. Environmental protocols and monitoring are emphasized to prevent significant issues.

CI 50518 NSUARB IR-12 Attachment 4 Page 15 of 57 REDACTED (CONFIDENTIAL INFORMATION REMOVED) Ruth Falls Dam Refurbishment S 35(2)(b) Fisheries Act Authorization Supporting Information #1 Monitoring Activities All cofferdam material will be...

AI summary NS Power outlines mitigation measures for sedimentation and erosion during the Ruth Falls Dam refurbishment. These include using clean rockfill cofferdams, silt curtains, and monitoring activities. They will also require the contractor to submit a site-specific erosion and sedimentation control plan and conduct regular inspections to ensure compliance and mitigate environmental impacts.

3.3.2 Analysis Given the updated environmental permit requirements and the need for additional regulatory oversight, the increased labour and material costs reflect actions taken to address these challenges. The four staff types associated...

AI summary The analysis discusses increased labour and material costs due to updated environmental permit requirements and regulatory oversight. NS Power explained cost minimization efforts, including the use of internal labour and reducing regulatory delays, to maintain economic efficiency while meeting project requirements.

3.3.3 Conclusion The increased labour and material costs reported by NS Power stem from updated environmental permitting requirements and an extended timeline to meet regulatory conditions. The allocation of costs across regular labour cat...

AI summary NS Power attributes increased labour and material costs to updated environmental permitting requirements and extended timelines. The allocation of costs across various labour categories reflects the complexity of the project and efforts to ensure compliance. Midgard concludes that these cost increases are reasonable.

6.2.3 Labour Cost Increases - The increased labour and material costs reported by NS Power stem from updated environmental permitting - requirements and an extended timeline to meet regulatory conditions. Midgard concludes that the reporte...

AI summary NS Power reports increased labour and material costs due to updated environmental permitting requirements and an extended timeline to meet regulatory conditions. Midgard concludes that these increases are reasonable.

P R O F I L E Mr. Potyok has over 25 years of commercial and technical experience in project permitting, design, construction and operation of hydroelectric project or dams. He has been a project developer, consultant, Independent Engineer...

AI summary Mr. Potyok has extensive experience in the hydroelectric industry, including project development, engineering, and operations. He has evaluated numerous hydro projects and has served as an expert witness and consultant. His background includes both technical and financial expertise, with experience in Power Purchase Agreements and regulatory compliance.

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.

2.1.4 Conclusion - While the Project was initially developed in accordance with earlier frameworks and included mitigation and - offsetting proposals, the 2019 amendments to the Fisheries Act introduced new requirements that triggered - th...

AI summary The conclusion discusses how the 2019 amendments to the Fisheries Act required NS Power to submit more detailed proposals to DFO, leading to delays and increased costs. Midgard acknowledges these costs as necessary for compliance and views NS Power's actions as prudent in responding to evolving regulatory requirements.

5.1.3 Conclusion - The increased labour and material costs reported by NS Power stem from updated environmental permitting - requirements and an extended timeline to meet regulatory conditions. The allocation of costs across regular - labo...

AI summary NS Power's increased labour and material costs are attributed to updated environmental permitting requirements and extended timelines. Midgard concludes that these cost increases are reasonable, given the need to manage project complexity and ensure compliance with regulatory conditions.

- notes that there was significant published public information relating to the potential changes to the - Fisheries Act, and Midgard considers it likely that NS Power would be aware of the potential changes - as a prudent hydroelectric op...

AI summary Midgard Consulting Inc. notes that there was significant public information on potential changes to the Fisheries Act, and NS Power likely was aware of these changes as a prudent hydroelectric operator. Midgard considered the timing of the amendments but notes that the legislative text alone does not provide enough detail for project assessments. NS Power balanced regulatory change assessments with the need to proceed based on its understanding of the law at the time.

NON-CONFIDENTIAL 1 2 3 4 5 b) Midgard cannot determine whether NS Power's approach changed during discussions with DFO, as the details of those conversations are not available. Midgard's assessment is that the phased approach was not impos...

AI summary Midgard assesses that NS Power's phased approach to addressing evolving Fisheries Act requirements was not imposed by DFO but was NS Power's method of mitigating project impacts. While these changes imposed significant costs on NS Power and ratepayers, Midgard considers them a necessary response to regulatory changes and views NS Power's actions as generally prudent.

on in this proceeding be taken, any portions of the record which have been designated or agreed to be confidential shall be forwarded to the court in accordance with applicable laws and procedures but under seal and designated confidential...

AI summary The proceeding outlines procedures for handling designated confidential information, including returning and destroying such information after the Board's final decision, with exceptions for legal counsel. The use of this information is restricted to NS Power regulatory proceedings before the Board.

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.

Midgard Revised Report, pages 54-55. Group would submit that this is also relevant for determining whether the project remains economically justified, or if some other option ought to be considered. Despite the ballooning costs of the proj...

AI summary The document highlights concerns about the economic justification of the Ruth Falls project, noting the lack of detailed decommissioning cost analysis and the delayed submission of required offsetting information to the DFO. These issues raise questions about the project's overall feasibility and regulatory compliance.

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.