The Commission of Inquiry Respecting the Muskrat Falls Project (the “Inquiry”) was established by the Government of Newfoundland and Labrador on November 20, 2017, in accordance with Part I of the Public Inquiries Act, 2006. Justice Richard LeBlanc was appointed Commissioner.
The Inquiry’s Terms of Reference require that it inquire into:
- The consideration by Nalcor Energy (“Nalcor”) of options to address the electricity needs of Newfoundland and Labrador’s island interconnected system customers that informed Nalcor’s decision to recommend that the Government of Newfoundland and Labrador (“Government”) sanction the Muskrat Falls Project (“Project”);
- Why there are significant differences between the estimated costs of the Project at the time of sanction (December17, 2012) and the costs incurred by Nalcor during Project execution;
- Whether the determination that the Project should be exempt from oversight by the Board of Commissioners of Public Utilities was justified and reasonable and what was the effect of this exemption, if any, on the development, costs and operation of the Project; and
- Whether the Government was fully informed and was made aware of any risks or problems anticipated with the Project, so that it had sufficient and accurate information upon which to appropriately decide to sanction the Project and whether it employed appropriate measures to oversee the Project, focusing on governance arrangements and decision-making processes associated with the Project.
The final report of the Inquiry is due to be delivered to the Minister of Natural Resources on or before December 31, 2019. Commissioner LeBlanc will make findings and recommendations related to the Inquiry’s Terms of Reference in the final report.
For more information about the Inquiry, please see our FAQ.