CONTACTS 
0201 - Department of Natural Resources    406 444 6699 fax 6721
020101 - Ms. Sarah Bond, Esquire
020102 - Department Counsel =406 444 6660; Legal Division

SUBJECTS
Voith Contract
As built drawings
Close out of contract
Tudor Failure to Perform
As-Builts, failure to obtain
Contract closeouts, Turbine/Generator
Inspection & Approval of the Work
Opinion Contract Requirements,
Industry Standards, 911005
Record of Plant Problems
Submittals, complete review, 911118
Case Study Broadwater

1314 -    ..
1315 - Summary/Objective
1316 -
131601 - I asked Sarah for the as-builts for Voith contract.  She indicated
131602 - these have not been supplied by either Sletten or Voith.
131603 -
131604 - Sarah recalled DNRC has asked Tudor to furnish these documents, but
131605 - Tudor has not done so.
131606 -
131607 - I suggested DNRC could demand these materials directly from the
131608 - contractors, as part of contract close out, and explained that project
131609 - as-builts could be important to DNRC, including to resolve pending
131610 - contract disputes.
131611 -
131612 -  ..
1317 -
1318 -
1319 - Tudor Contract Performance
1320 -
132001 - Sarah's has indicated that Tudor has not performed a considerable
132002 - portion of project closeout, including:
132003 -
132004 -    Furnish construction as-builts.
132005 -
132006 -    Furnish support information for contract close-out recommendations
132007 -    (in particular Clyde's 891005 letter).
132008 -
132009 -    Manage on behalf of DNRC a number of repairs needed by Voith over
132010 -    the past two years.
132011 -
132012 -    Maintain project records insufficient order to enable DNRC to
132013 -    assume management of the completed work.
132014 -
132015 -    Construct a plant that can be run from DNRC offices in Helena with
132016 -    minimal on-site staffing.
132017 -
132018 -
132019 -  ..
132020 - Plant Conform to Contract Requirements
132021 -
132022 - I asked Sarah if, in light of Tudor's failure to perform engineering
132023 - management, which she cites above, ref SDS 0 6912, and in light of
132024 - evident continued difficulties with plant operations, has DNRC
132025 - considered hiring an independent engineer to investigate the project
132026 - and report on whether the work conforms with the plans and specs,
132027 - and/or whether DNRC should hire an engineer to manage completion of
132028 - the contract?  It appears that DNRC may have been doing a considerable
132029 - portion of this work, and is substituting its judgement for a
132030 - professional hydro power engineer.
132031 -
132032 - Sarah said DNRC did this several months ago, and received a report
132033 - that the Broadwater powerplant, as corrected, conforms with the
132034 - specifications and industry standards for this class of work.  She
132035 - advised that the report says that all of the work supervised by DNRC
132036 - as a result of Voith and Tudor being off-site, have been accomplished
132037 - according contract specifications.
132038 -
132039 -     [On 911009 this understanding appears to be incorrect per the
132040 -     record at ref SDS 5 5830; and on 911125, ref SDS 6 0958.]
132041 -
132042 -     [See analysis on 911009. ref SDS 4 3333]
132043 -
132044 - Sarah understands that DNRC has negotiated various repairs with Voith
132045 - such that DNRC has performed some, and/or hired others to do some of
132046 - them, and Voith has sent its own forces to the job to do the
132047 - remainder.  She feels DNRC is entitled to compensation on some repairs
132048 - performed by DNRC, but she is uncertain whether notice of such
132049 - entitlement was given to Voith, or whether the costs have been
132050 - accumulated so that DNRC can make a demand for recovery.
132051 -
132052 - Sarah indicated DNRC should recover its management expense on all
132053 - Voith repairs.
132054 -
132055 -
132056 -
132057 -
1321 -
1322 -

SUBJECTS
Voith Contract Closeout
Punch List
Unit Control (SCACA)

1506 - Failure of Operations Automation
1507 -
150701 - Sarah said so far this feature of the project has not worked as
150702 - promised by Tudor, or expected by DNRC.
150703 -
150704 - It is not clear who might be responsible.  It is likely entirely a
150705 - Voith matter.  Tudor probably should provide an opinion on whether
150706 - this much of the project meets the spec or not.  If they say it does,
150707 - what then was the agreement between Tudor and DNRC.
150708 -
150709 - What did the independent Engineer report on this issue?
150710 -
150711 -
1508 -
1509 -