CONTACTS 
0201 - O-0395 0301 Department of Natural      406 444 6699 fax   406 444 6721SUBJECTS
Sletten/Voith contract
Flood Powerhouse, 890327
Notice Provisions

0605 -    ..
0606 - Sarah called and there were discussions with Wayne and Jeff.
0607 -
060701 - She asked my opinion about a Tudor draft, ref DCT 2  to follow up the
060702 - notice of claim made by Voith, ref DRP 3.
060703 -
060704 - I explained this matter is similar to the DTL and curb ring claims in
060705 - that Voith will make a claim against DNRC and DNRC will make a claim
060706 - against Sletten.
060707 -
060708 - I advised that Tudor's draft to Sletten, ref DCT 2, gets the ball
060709 - rolling so to speak, but is technically incorrect in asking Sletten
060710 - to inform Tudor "...of [Sletten's] settlement with Voith."  Sarah
060711 - said she reviewed this with Hal on the phone, but will draft a
060712 - revised notice to Sletten and fax to Hal tomorrow.
060713 -
060714 -
060715 - Insurance
060716 -
060717 - I recommended that DNRC evaluate the insurance policies that may be
060718 - available to cover these losses.  Specifically the Builder's all risk
060719 - policy and Sletten's general business policy should be scrutinized by
060720 - counsel skilled in this area of the law for an opinion on coverage.
060721 - We should give notice to Sletten where we believe it has coverage to
060722 - make a claim, and if we are an additional insured we should give the
060723 - notice directly.
060724 -
060725 -
060726 - Mitigation
060727 -
060728 - Recommended that Voith be given notice to mitigate damages by offer-
060729 - ing a plan for corrective work and impact on production of power
060730 - date, per my discussion with Ken Carlson yesterday, ref SDS 1 line
060731 - 0512.  Sarah requested a fax of the discussion with Ken, and that I
060732 - send her a draft of a letter that embodies this recommendation.
060733 -
060734 - Drafted ref DCT 1, and JoAnn faxed it to Sarah oa 1810.
060735 -
060736 -
0608 -

SUBJECTS
Sletten/Voith contract
Flood Powerhouse, 890327
Standby power

0906 - Telecon with Sarah
0907 -
090701 - She advised of having sent a notice to Tudor that, since the
090702 - downstream cofferdam is flooded to test the fixed wheel gates, the
090703 - project is relying entirely on the public power system to support the
090704 - Powerhouse dewatering system.  If that fails, as has occurred in the
090705 - past, then further flooding of the Powerhouse may occur causing
090706 - greater damage to Voith work.
090707 -
090708 - Accordingly, standby power provisions should be provided, and a
090709 - determination issued by the Engineer for responsibility on cost.
090710 -
090711 -
090712 -
0908 -