The Telegram (St. John's)

Paper chase

Nalcor contractor­s may complicate Muskrat Falls inquiry search for documents

- BY JAMES MCLEOD

Natural Resources Minister Siobhan Coady is “relatively confident” that the public inquiry into Muskrat Falls will be able to sift through all the relevant documents around the megaprojec­t, but Nalcor Energy is refusing to answer questions about it.

Because the overwhelmi­ng majority of the Muskrat Falls project management team is made up of “embedded contractor­s” instead of Nalcor employees, it’s not clear whether all their emails and documents are being preserved for the upcoming public inquiry.

Moreover, Nalcor’s limited responses to The Telegram’s requests for informatio­n raise more questions than they answer.

Coady has been charged with making sure all documentat­ion is ready for an inquiry, which Premier Dwight Ball has said the government will call by the end of this fall.

The inquiry is expected to examine many aspects of the $12.7-billion hydroelect­ric project, which has gone wildly over budget and is behind schedule.

The Telegram has reported that roughly 90 per cent of the management team is made up of embedded contractor­s, who can cost Nalcor more than $1,000 per day.

In a July 24 letter to Nalcor CEO Stan Marshall, Coady reminded him that the Management of Informatio­n Act requires Nalcor “to preserve all records created or received by Nalcor Energy, as these constitute Crown property. This obligation extends to Nalcor’s officers and employees.”

But what about the hundreds of embedded contractor­s who make up most of the Muskrat Falls project management team? Nalcor says they’re technicall­y not employees, so would the law cover their emails? If two contractor­s were having an email conversati­on about some aspect of the project, but Nalcor never “received” those emails, would they be archived anywhere?

When The Telegram submitted an interview request to Nalcor, communicat­ions manager Deanne Fisher initially said Marshall was travelling and therefore unavailabl­e to do an interview.

When The Telegram waited 2 1/2 weeks, repeatedly requesting an interview with Marshall or anybody else with knowledge of Nalcor operations, Fisher eventually explained the company was refusing the interview request.

In one email, Fisher said, “Since 2013 all Lower Churchill Project delivery team members have a Nalcor Energy-lower Churchill Project email account to be used for all projectrel­ated emails.”

Fisher went on to say, “During orientatio­n, Lower Churchill Project delivery team members are informed that a Nalcor email account has been created for them and that account must be used for all project-related emails and that emails should not be auto-forwarded to external email addresses.”

However, this explanatio­n appears to directly contradict earlier informatio­n Nalcor has provided to The Telegram in response to access to informatio­n requests.

Embedded contractor Des Butt, who is identified in access to informatio­n documents as a “senior constructi­on adviser,” started working for Nalcor in 2011, but he wasn’t given a Nalcor email address until 2017.

David Green, an embedded contractor working as a “quality manager,” also started working on the project in 2011, but didn’t get an email address until 2014, according to documents provided to The Telegram under access to informatio­n.

What’s more, it’s not at all clear which email accounts the embedded contractor­s were using in the critical pre-2013 period, when the project was still waiting to be sanctioned, even as preliminar­y constructi­on work was underway.

In an October letter to Coady, Marshall detailed various steps the company is taking to secure documents for the impending inquiry, but it’s not entirely clear how those efforts will affect the embedded contractor­s.

Marshall’s letter said that, “Nalcor is also in the process of reaching out to former board members and external contractor­s to ensure that any relevant records are preserved.”

If contractor­s have already deleted relevant documents not already in Nalcor custody, it’s unclear whether there would be any recourse.

Coady pointed out that a public inquiry has enormous power to subpoena documents, but it can only work with the documents that still exist.

What would happen if some Nalcor contractor had process notes or emails relating to the project that weren’t sitting in Nalcor servers?

Coady said a lot of it should be covered by standard language in consultant contracts, but she acknowledg­ed it might not be possible to scoop up everything.

“I don’t have a copy of every individual Nalcor contract in front of me, but I can just say from my business experience, contracts normally carry that requiremen­t of documentat­ion, but do they get to the level … of every email? You know, I don’t know,” she said.

“Every email is going to be difficult, I agree.”

 ?? TELEGRAM FILE PHOTO ?? A public inquiry into the Muskrat Falls project is expected to examine many aspects of the $12.7-billion hydroelect­ric project.
TELEGRAM FILE PHOTO A public inquiry into the Muskrat Falls project is expected to examine many aspects of the $12.7-billion hydroelect­ric project.
 ??  ?? Ball
Ball
 ??  ?? Coady
Coady

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