Young / Sommer LLC

JEFFREY S. BAKER SENIOR COUNSEL

DAVID C. BRENNAN
JOSEPH F. CASTIGLIONE
JAMES A. MUSCATO II
J. MICHAEL NAUGHTON
ROBERT A. PANASCI
DEAN S. SOMMER
KEVIN M. YOUNG
LAURA K. BOMYEA
E. HYDE CLARKE
JESSICA ANSERT KLAMI
ALLYSON M. PHILLIPS
KRISTIN LAVIOLETTE PRATT
JESSICA R. VIGARS
COUNSELORS AT LAW MICHAEL J. MOORE
KENNETH S. RITZENBERG
EXECUTIVE WOODS, FIVE PALISADES DRIVE, ALBANY, NY 12205 DOUGLAS H. WARD
Phone: 518-438-9907 Fax: 518-438-9914
OF COUNSEL
www.youngsommer.com SUE H.R. ADLER
ELIZABETH M. MORSS
SCOTT P. OLSON
STEPHEN C. PRUDENTE
KRISTIN CARTER ROWE
PARALEGALS
ALLYSSA T. MOODY
AMY S. YOUNG

Writers Telephone Extension: 243

jmuscato@youngsommer.com
November 4, 2016

Via Electronic Filing

Hon. Kathleen H. Burgess, Secretary
New York State Public Service Commission
Empire State Plaza, Agency Building 3
Albany, NY 12223-1350

RE: Case No. 16-F-0268, Atlantic Wind LLCs proposed North Ridge Wind Farm
Project in the Town of Parishville and Hopkinton, St. Lawrence County

Dear Secretary Burgess:

We are writing to request clarification or direction regarding the following situation and
potential need for Atlantic Wind LLC to address a request for party status in the above
referenced proceeding, particularly at this early pre-application stage. There appears to be an
inconsistency with the Article 10 law and regulations and the NY Public Service Commission
and Siting Boards Document and Matter Management (DMM) electronic system regarding
what groups or individuals are considered parties and listed on the party list.

The Siting Board notes on its website that an Article 10 "proceeding" does not commence
until the application date, so there are technically no "parties" before that date. Moreover, the
Article 10 statute requires that notice of party status be filed by an individual or group seeking to
be a statutory party at the time of the filing of the Application. (See NY Public Service Law
166). At the time of the Application filing, a partys qualification under PSL 166 is evaluated
by the Administrative Law Judges or the Siting Board with an opportunity for all parties to be
heard.

Under the DMM system, during the pre-application time period, an individual or group
can request party status, and be listed on the party list by simply filling out an electronic
form. However, the form does not require the requester to meet the requirements of PSL 166
and there is no evaluation of the partys status because no ALJ is assigned until the pre-
application conference. It is not clear whether or not a party who is added to the party list on
DMM during the pre-application phase will be later required to meet the requirements of PSL
166. If the Siting Boards rules were interpreted to enable a requester during the pre-application
phase to become a formal party to an Article 10 proceeding, an assessment of their qualification
for party status under PSL 166 is necessary.

With respect to this proceeding, on Sunday, October 30, 2016, a request was made by
Calvin Luther Martin of Malone, NY, for party status in the North Ridge Wind Farm proceeding
(Case 16-F-0268). Because of the ambiguity noted above, we request clarification or further
direction from the Secretary whether or not Mr. Martins request is being evaluated under PSL
166 or whether or not it will be evaluated at a later time. We suggest it may be more appropriate
for an individual to be granted formal status as a party or intervenor once an application is
filed and a review under PSL 166 can be conducted by the Administrative Law Judges. In the
meantime, Atlantic Wind will include Mr. Martin on the Projects mailing list for informational
and public outreach purposes.

It is important that the individuals involved in this proceeding understand the roles in this
process and the opportunities for participation afforded at each phase. Under Article 10, once an
application is filed, individuals will have the opportunity to file as parties and demonstrate the
showing required by PSL 166 for the proper and efficient conduct of the proceeding. To avoid
any confusion, we request the Secretary clarify whether and when individuals seeking party
status during the early pre-application stage of an Article 10 proceeding are required to meet the
threshold set forth in PSL 166, and whether it is appropriate for individuals, such as Mr. Martin,
to seek party status at this early pre-application stage of the proceeding. Because of the
discrepancy, this letter is submitted with reservation of all rights with respect to Mr. Martins
status as a formal party under Article 10.

Respectfully submitted,

/s/ James A. Muscato

James A. Muscato II
Laura K. Bomyea