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1 ~ ~~ N"ew{9 dland Labrador Government of Newfoundland and Labrador Department of Natural Resources August 21, 2018 Dear-: Re: Your request for access to information under Part II of the Access to Information and Protection of Privacy Act (File# NR ) On July 24, 2018 the Department of Natural Resources received your request for access to the following records/information: In Ashley Fitzpatrick's article in the July 24 edition of The Telegram re NL Hydro's rate increase application she mentioned a "RATE MITIGATION COMMITTEE" inside the Department of Natural Resources. When was this committee established? Who is on this committee? How often have they met? Are minutes of the meetings kept or reports generated? The article also referenced NL Hydro providing information to this committee, please provide copies of the information received from NL Hydro along with any minutes or reports generated by this committee and any briefing notes related to this committee. I am pleased to inform you that a decision has been made by the Department of Natural Resources, confirmed by the Deputy Minister, to provide access to the requested records. The records are attached. The first attachment are answers to all your questions, followed by the minutes and reports. We are providing access to the most information possible but have made redactions in accordance with Sections 29(1) (a), 35(1)(d), 35 (1)(g) and 35(1)(f) of ATIPPA, 2015 as follows: 29. (1)(a) The head of a public body may refuse to disclose to an applicant information that would reveal advice, proposals, recommendations, analyses or policy options developed by or for a public body or minister. P.O. Box 8700, St. John's, NL, Canada A1B 4J6 t
2 35. (1) (d) The head of a public body may refuse to disclose to an applicant information which could reasonably be expected to disclose information, the disclosure of which could reasonably be expected to result in the premature disclosure of a proposal or project or in significant loss or gain to a third party; 35. (1) (f) The head of a public body may refuse to disclose to an applicant information which could reasonably be expected to disclose positions, plans, procedures, criteria or instructions developed for the purpose of contractual or other negotiations by or on behalf of the government of the province or a public body, or considerations which relate to those negotiations 35. (1) (g) The head of a public body may refuse to disclose to an applicant information which could reasonably be expected to disclose information, the disclosure of which could reasonably be expected to prejudice the financial or economic interest of the government of the province or a public body. We have also redacted in full using the codes referenced above the following pages of Rate Mitigation Updated Presentation to Province July 20, 2017: 9, 10, 11, 13, 14, 15, 19, 20, 21, 23, 24, 25, 26, 27, 28, 31, 32, 34 and 35. Please note that while the Department of Natural Resources have custody and control of the minutes of most meetings we are not in possession of minutes from: October 19, 2017, December 14, 2017 February 1, 2018 March 29, 2018 April 12, 2018 April May 24, 2018 As set out in section 42 of the Act you may ask the Information and Privacy Commissioner to review the department s decision to provide access to the requested information. A request to the Commissioner must be made in writing within 15 business days of the date of this letter or within a longer period that may be allowed by the Commissioner. Your request should identify your concerns with the department s response and why you are requesting a review.
3 The request for review may be addressed to the Information and Privacy Commissioner is as follows: Office of the Information and Privacy Commissioner 2 Canada Drive P.O. Box 13004, Stn. A St. John s, NL. A1B 3V8 Telephone: (709) Toll-Free: Facsimile: (709) Pursuant to section 52 of the Act, you may also appeal directly to the Supreme Court Trial Division within 15 business days after receiving the department s decision. Please be advised that responsive records will be published following a 72 hour period after the response is sent electronically to you or five business days in the case where records are mailed to you. It is the goal to have the responsive records posted to the Completed Access to Information Requests website within one business day following the applicable period of time. Please note that requests for personal information will not be posted online. For further details about how an access to information request is processed, please refer to the Access to Information Policy and Procedures Manual at If you have any questions, please feel free to contact me at or rhynes@gov.nl.ca. Sincerely, RHynes Rod Hynes ATIPP Coordinator
4 When was this committee established? Established: July 20, 2017 How often have they met? Rate Mitigation Committee Meetings: August 10, 2017 (minutes to meeting available) August 24, 2017 (minutes to meeting available) Sept 7, 2017 (minutes to meeting available) Sept 21, 2017 (minutes to meeting available) October 5, 2017 (minutes to meeting available) October 19, 2017 (minutes to meeting not available) Nov 2, 2017 (minutes to meeting available) Nov 16, 2017 (minutes to meeting available) November 30, 2017 (minutes to meeting available) Dec 14, 2017 (minutes to meeting not available) January 4, 2018 (minutes to meeting available) January 18, 2018 (minutes to meeting available) February 1, 2018 (minutes to meeting not available) February 15, 2018 (minutes to meeting available) March 1, 2018 (minutes to meeting available) March 15, 2018 (minutes to meeting available) March 29, 2018 (minutes to meeting not available) April 12, 2018 (minutes to meeting not available) April 26, 2018 (minutes to meeting not available) May 10, 2018 (minutes to meeting available) May 24, 2018 (minutes to meeting not available)
5 Who is on this committee? Members of the Rate Mitigation Committee John Cowan- Assistant Deputy Minister, Energy Policy DNR Corey Snook- Director, Electricity and Alternative Energy DNR Craig Martin- Assistant Deputy Minister, Economic, Fiscal and Statistics FIN (Alternate: Dennis Sharpe) Jim Hayes- President, Newfoundland and Labrador Hydro Rob Hull- General Manager, Commercial Management and Integration Nalcor (Alternate: Jeannine Fitzgerald- Manager, Business Development Strategic Planning and Business Development Nalcor) Elizabeth Lewis- Manager, Financial Planning and Investment Analysis Nalcor (Alternate: Dave Jones- Manager Investment Evaluation Nalcor) Auburn Warren- General Manager, Commercial, Treasury and Risk Management at Nalcor Are minutes of the meetings kept or reports generated? See attached records for minutes of meetings. The committee has produced no reports.
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