Young / Sommer LLC

JEFFREYS. BAKER Senior Counsel

DAVID C. BRENNAN COUNSELORS AT LAW MICHAEL J.MOORE

JOSEPH F. CASTIGLIONE KENNETH S.RITZENBERG
JAMES A. MUSCATO II Executive Woods, Five Palisades Drive, Albany, NY12205 DOUGLAS H. WARD

J.MICHAEL NAUGHTON Phone: 518-438-9907 Fax:518-438-9914

ROBERTA. PANASCI OF COUNSEL

ALLYSON M.PHILLIPS www.youngsommer.com SUEH.R. ADLER

DEANS.SOMMER LAUREN L. Hunt
KEVIN M. YOUNG Elizabeth M. Morss
Scott P. Olson
LAURA K. BOMYEA Stephen C.PRUDENTE

E. HYDE CLARKE Kristin Carter Rowe

JESSICA ANSERTKLAMI
KRISHNA M.MAGNE Paralegals

KRISTIN LAVIOLETTE PRATT AllyssaT, Moody

AMYS. YOUNG

Writer's Telephone Extension: 243

jmuscato(a)vounQSommer.com

October 4, 2017
Via Email
Hon. Ashley Moreno
Hon. Michael Caruso
New York State Public Service Commission
Three Empire State Plaza
Albany, NY 12223-1350

Re: Case No. J5-F-0327: Application of Galloo Island Wind, LLC, for a Certificate
of Environmental Compatibility and Public Need Pursuant to Article 10 to
Construct a Wind Electric Generating Facility in the Town of Hounsfield,
County of Jefferson, New York

Dear Judges Moreno and Caruso:

As you know, we represent Galloo Island Wind, LLC ("Applicant") in the above
referenced proceeding. On September 25, 2017, the Applicant filed with the Board on Electric
Generation Siting and the Environment ("Siting Board") an Application pursuant to N.Y. Public
Service Law 164 (the "Application"). On September 27, 2017, we received a request from Clif
Schneider for party status in this proceeding. This letter responds to Mr. Schneider's notice of
intent to become a party in this proceeding.

Generally, Article 10 affords broad rights of participation and public outreach and
involvement in the Article 10 proceedings on a proposed Facility. Article 10 recognizes the
permissive nature of involvement and robust public participation by setting forth different
requirements to participate and monitor a proceeding. As compared with formal party status
under PSL 166[1], Article 10 also allows any individual the right to make limited appearances in
the proceeding and file statements and papers which shall become part of the record. (See PSL
i-Ion. Ashley Moreno
Hon. Michael Caruso
New York State Public Service Commission
October 4, 2017
Page 2 of3

166[3]. Similarly, Article 10 allows any persons interested in a proceeding to submit written
comments and oral statements at the public statement hearing. See PSL 167[l][b].

Formal "party" status under PSL 166[1], on the other hand, is more limited and allows
parties to participate by filing discovery requests, issues statements, testimony and affords
"parties" the right to cross examination at an evidentiary hearing. (See PSL 167[l][b]; 16
NYCRR 4.3[a]). As such, there is a higher "burden" for an individual seeking formal party
status under PSL 166.

Pursuant to PSL 166, the formal parties to a certification proceeding are limited to the
parlies set forth in the enumerated sections in subdivision (1). (See PSL 166[1]). This list
includes certain entities which are deemed "parties" automatically by virtue of their status or
existence (i.e. the applicant, state agencies, authorities or offices) or if they have filed a notice of
intent to be a party within 45 days after filing of the Application (i.e. host municipalities,
residents of the host municipalities, certain non-profit corporations or associations and
municipalities and residents of municipalities within 5 miles of the Facility)(See PSL
166(l)[a]-[m]). If any other municipality or resident provides notice of its intent to become a
party, prior to that entity becoming a party, the Siting Board must first find that the municipality
or resident has an interest in the proceeding ''because of the potential environmental effects on
such municipality or person."" (See PSL 166[l][n]). Finally, PSL 166[I][o] states that such
other persons or entities as the Siting Board may at any time deem appropriate may also become
parties to the proceeding. In his notice of intent to become a party, Mr. Schneider identifies that
he resides in in Wellesley Island, New York over 30 miles from the Facility. According to the
request, Mr. Schneider states that he has been an active participant during the pre-application
phase and is requesting party status to "help the Siting Board determine if the applicant's
assessment of avian and bat risks are adequate and reasonable, or if additional study effort is
required." Further he states he "will also help provide options for how the applicant can avoid
and mitigate these risks." (See Schneider Motion for Party Status, dated September 27, 2017, at
page 2).

While the Applicant does not disagree that Mr. Schneider has submitted a number of
comments to the Secretary regarding the Faeility, the Schneider Motion does not set forth a basis
for why the Siting Board should determine Mr. Schneider to be a "party" in this proceeding. On
its thee, Mr. Schneider does not qualify for "automatic" party status pursuant to PSL 166[l][a]-
[m] because he does not live in the host municipality (in this case the Town of Hounsfield) or
within 5 miles of the Facility. Mr. Schneider has listed his address as Wellesley Island, New
York and no portion of the proposed Facility is to be located on Wellesley Island, nor is
Wellesley Island located within 5 miles of the proposed Facility. Mr. Schneider also does not
qualify pursuant to PSL 166[l][n] because Mr. Schneider's notice of intent does not identify
any potential environmental effects of the proposed Facility on Wellesley Island or himself. In
lact, the only impact that could serve as a basis of an environmental "effect" on Mr. Schneider or
Wellesley Island is potential visual impacts and based on Exhibit 24 of the Application, the
Facility will not be visible from Wellesley Island. Moreover, Mr. Sclineider's stated interest in
avian and bat studies for the Facility does not qualify him for party status in this proceeding.
Hon. Ashley Moreno
Hon. Michael Caruso
New York State Public Service Commission
October 4, 2017
Page 3 of3

Even assuming these issues were not already addressed by other parties to this proceeding,
including the New York State Department of Environmental Conservation, Mr. Schneider's
request fails to allege how the Facility will have a unique effect on Mr. Schneider from an avian
and bat perspective. In short, the Schneider Motion does not provide a basis for the Siting Board
to find that Mr. Schneider has sufficiently established the potential environmental effects to him
of the proposed Facility as required by PSL 166 to obtain party status.

Finally, and in the alternative, Mr. Schneider has not argued that he meets the
requirement set forth in PSL 166[l][o], but in the event that he does, the party status request
does not provide a basis for the Siting Board to consider Mr. Schneider an appropriate party
given that he has not presented any specific or unique involvement in this proceeding.

By his own statement, Mr. Schneider's interest in the proposed Facility is limited to avian
and bat risks. However, Mr. Schneider has not provided any expertise or background in this
subject matter or area, nor has he indicated, other than generically, how he will contribute to the
development of a complete record. In fact, the subject matter of Mr. Schneider's interest, as
mentioned above, is being addressed by other statutory parties to the proceeding. The
Department of Environmental Conservation (DEC) and the Department of Public Service (DPS)
will each review the Applicant's assessment of avian and bat risks. Simply, there is nothing in
Mr. Schneider's request which establishes he would be an appropriate party to this proceeding.

As slated at the outset. Article 10 provides a number of mechanisms for individuals

interested in a proceeding to participate and make submissions for the record. Upon following
the appropriate procedures, Mr. Schneider can continue to submit comments and statements to
this proceeding, as he has done throughout the pre-application phase. But, in order to ensure a
fair and orderly proceeding, the PSL places limits on formal "party" status and the
accompanying rights to discovery, introduce testimony, cross examine witnesses and participate
in the evidentiary hearings. In this instance, the Siting Board should be wary of establishing a
precedent that any individual, simply by filing for party status, is granted the rights afforded by
PSL 166[1].

Thank you.
Respectfully submitted,

Jesaca Ansert Klami

les A. Muscato II
Young/Sommer LLC
Attorneys for Galloo Island Wind, LLC

cc: DMM Party List (via email)

Secretary Burgess (via email)