Form RFIF (2/12/13) Page RFIF-1 Request for Intervenor Funds Instructions: Provide all applicable information by filling

in the text boxes as indicated. If necessary, attach additional information in a separate document. This request is to be submitted either electronically (preferred) or by regular mail. To submit this request electronically, save your changes and attach it to an e-mail sent to: secretary@dps.ny.gov To submit this request by regular mail, print it and mail it to: Secretary, NYS Board on Electric Generation Siting and the Environment 3 Empire State Plaza Albany, NY 12223 Copies must also be submitted to the Presiding Examiner and other parties to the proceeding. TO THE SECRETARY: I hereby provide a request for intervenor funds in the following Article 10 case before the NYS Board on Electric Generation Siting and the Environment: Case Number: Case 12-F-0410 Title of Case: Cape Vincent Wind Farm Name of Party: Town of Cape Vincent

Contact Person: Urban Hirschey Town Supervisor Clif Schneider Town Councilman Firm Name: N/A 1964 NYS Rt. 12E Cape Vincent, NY 13618

Contact Address:

Contact Telephone Number: 315-654-3795 Contact E-mail Address: Uhirschey@townofcapevincent.org Clif.schneider@gmail.com Amount of Funds Requested: $20,810

IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN A SEPARATE DOCUMENT. Page RFIF-2 The basis of eligibility for intervenor funds is as follows: (Check one) X _ _ 1(a) Eligible Municipal Party [County, city, town or village located in New York State that may be affected by the proposed major electric generating facility] Eligible Individual Local Party [Person residing in a community who may be individually affected by the proposed major electric generating facility] Eligible Group Local Party [Persons residing in a community who may be collectively affected by the proposed major electric generating facility] Provide a statement of the number of persons the requesting party represents: Represents the Town of Cape Vincent 1(b) Provide a statement of the nature of the interests the requesting party represents: The Town of Cape Vincent is interested in any process that may usurp its laws. 2(a) Provide a statement of the efforts that have been made to obtain funds from other sources: This request for inter intervenor funds is the first attempt to obtain outside funds. Our only other source of funding is the taxpayers of Cape Vincent. 2(b) Provide a statement of the availability of funds from the resources of the requesting party: The Town has already spent significant amounts of money and in-kind services in the Article-10 proceedings. In order for the Town to proceed it is necessary for us to seek assistance in funding the effort. 2(c) Provide a statement of the availability of funds from the resources of sources other than the requesting party: The Town has no other source if funds to underwrite the Towns efforts to protect their interests. 3(a) Indicate the type of funds being sought: (Check one)

X _

Pre-Application Stage Funds [Generally available upon the filing by the Project Applicant of a Preliminary Scoping Statement (PSS)] Application Stage Funds [Generally available upon the filing by the Project Applicant of an Article 10 Application]

IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN A SEPARATE DOCUMENT. Page RFIF-3 3(b) State the amount of funds being sought: $20,810 4(a) If expert witnesses, consultants, attorneys, or others are to be employed, provide to the extent possible, the name and qualifications of each person to be employed: Bernier Carr & Associates associated has been the Towns engineering firm since 1991. Examples of their activities for the Town include: Zoning Law Development Planning Board -Technical Advisor on previous wind farm application Recreational Facilities Engineering Building Engineering Water District Engineering Kris Dimmick, P.E. PWLF Vice President Operations Bernier Carr & Associates 327 Mullin Street Watertown, NY 13601 Education: SUNY College of Environmental Science and Forestry Master of Science Environmental Resource Engineering, 1991 Registration and Certification: Professional Engineer: New York (License No. 067230) Public Works Leadership Fellow Donald C. Stone Center for Leadership Excellence in Public Works (APWA), September 2011 Client Responsibilities: Mr. Dimmick is responsible for all aspects of municipal and public works engineering including water supply, treatment, and distribution; sanitary wastewater collection and treatment; transportation; storm water management; site development; environmental permitting; rate studies; asset management; consulting as Town Engineer to Planning Boards for land use planning; residential subdivision review; commercial site plans; and operational issues. Corporate Responsibilities: Mr. Dimmick is responsible for client relations, new business development, quality control, coordination of client service teams, managing outside business

support consultants, contract consistency, and managing operations consistent with overall corporate goals and objectives. Experience: Mr. Dimmick started his career in 1985, became licensed in 1990, and joined Bernier Carr & Associates in 1991. Mr. Dimmick has specific expertise in community assistance and project development, funding, design, construction, and operations of Public Works. Professional Affiliations: National Society of Professional Engineers American Society of Civil Engineers American Public Works Association American Consulting Engineering Council NYS Chapter Director and Alternate Delegate American Public Works Association Past Chair CNY Branch of the American Public Works Association (2010 & 2011) Evaluator NYS PIE (#M000166-E04) Public Affiliations: Affiliate Member FDRLO Graduate 2005 Tug Hill Leadership Institute Member NYS Board of Electrical Generation Siting and the Environment Member SUNY ESF Environmental Resource Engineering Advisory Council Member Public Management & Finance Program, Environmental Finance Center, Syracuse Center of Excellence Participant Eisenhower Series College Program, March 28, 2008, in Watertown, New York Participant 55th Annual National Security Seminar, US Army War College, June 2009 Publications: Geotextile Edge Drain Design and Specification by Expert System, 1991 Town of LeRay Commercial Corridor Planning How a Small Town in NNY is Getting What They Planned For; APWA REPORTER, June 2011 Integrating Green Infrastructure into a Wastewater Treatment Plant Project in Sackets Harbor, New York; APWA Reporter, January 2012

IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN A SEPARATE DOCUMENT. Page RFIF-4 4(b) If expert witnesses, consultants, attorneys, or others are to be employed and it is not possible to provide the name of each person to be employed, provide for each person that cannot be named a statement of the necessary professional qualifications for the person: N/A 5 6(a) Provide, if known, the name of any other interested person or entity who may, or is intending to, employ any such expert witnesses, consultants, attorneys, or others: For all expert witnesses, consultants, attorneys, or others to be employed, provide a detailed statement of the services to be provided: Bernier Carr Associates's [BCA] basic charge is to: 1. Review and critique the BP's Preliminary Scoping Statement (PSS) for the Cape Vincent Project. 2. Develop a detailed list of safety and setback requirements and propose a study scope and methodology for BP to use in the evaluation of realistic setbacks to insure the health and safety of the community. This review should include California Energy Commission publication CEC-500-2005-184. 3. Develop a scope and methodology for BP to use in their detailed evaluation of the karst geology, that is prevalent in Cape Vincent. This study will include recommendations on pre-construction evaluation as well as precautions during construction. 4. Review Section 7.16.10 - WECS in Towns Zoning Law and comment on the law's efficacy 5. Attend the stipulation phase of the Article 10 process to defend the Town's law and recommendations. The Town is also requesting BCA review the critiques of BP's PSS filed by the Town of Cape Vincent, the New York State Department of Public Service and the New York State Department of Environmental Conservation. Highlights of the Town, DPS and NYSDEC recommendations pertaining to safety setbacks in those reviews are: 1. Town of Cape Vincent review of PSS: a. BP should not put forward any Project layout that does not reference every home existing in the Town at the present time. [p.18] b. Yet, when it comes to setbacks that are designed to protect people from rotor failure, blade, and ice throw, BP's attitude is that these setbacks are unjustifiably restrictive. BP is saying that they will not compromise manufacturer's

recommendations, even if it means putting people at greater risk. [.18] c. BP's setbacks were designed to make money; the Town's setbacks were designed to protect people. [p.18] d. Furthermore, the Towns turbine setback restrictions are keyed to the total height of an industrial wind turbine. Therefore, a 500 ft. turbine would need a 3,000 ft. setback and 2,400 ft. setback for a 400 ft. turbine. BP does need to provide at least two alternatives for their 200 and 290 MW project options. The two options cannot responsibly be located on exactly the same project layout. [p.25] e. The Siting Board should require BP to produce a complete, definitive turbine layout, stating the turbine specific setback used to address rotor failure, ice and blade throw. This layout should be based on the worst case scenario, using the 499 ft. high wind turbines. [p.27] f. BP states 1/4 mile setback is "adequate to address health and safety concerns." If so, then why do BP contracts with leaseholders stipulate reduced setbacks, if they know these reduced setbacks will be less than adequate?

g. Exhibit 31 specifies that until such time that local laws are waived or supplanted that the local laws remain in force. Therefore, the Town's six times total height setback from roads and property lines is the default setback until BP succeeds in waiving this restriction in the Town's Law. [p.28] h. These setbacks were developed based on turbine design operating speeds. They do not take into consideration overspeed operation which would result in greater debris throw if a failure were to occur. 2. New York State Department of Public Service review of PSS: a. The PSS at Section 2.6.1 (a) does not address New York State Public Service Commission (NYS PSC) requirements for wind turbine setback from electric transmission facilities. [p.15] b. The application should include a table of the setbacks (include an explanation of the rationale for the setback distances) for all turbines from roads, public places, occupied and non-occupied structures, electric and gas transmission lines for the previously proposed and the newly proposed wind project, as required or recommended by the manufacturers specifications, the applicant, and any local ordinance or law. If any manufacturers recommended setbacks cannot be achieved, the reasons should be stated in the application. [p.16] c. An analysis of blade throw potential and appropriate setback distances, based on design characteristics and performance history. [p.22] d. Applicant should conduct an evaluation of the health and safety impacts regarding a tower collapse beyond a manufacturers evaluation of turbine collapse based on site specific loads. [p.22]

e. Provide an analysis of icing and accumulation of ice on the wind turbine. Include a calculation and all supporting documentation of ice throw by the blades. [p.23] f. The blade throw analysis the applicant proposes to use will use calculations from the California Energy Commissions Permitting Setback Requirements for Wind Turbines in California. This report was produced using only California counties with operating wind farms. The applicant should consult with Staff and other interested parties to discuss whether other reports should be considered. [p.23]

g. According to the California report rotor fragmentation occurs at a rate of 1% per year, the applicant should consult with Staff and other interested parties to determine whether rotor fragmentation should be addressed. [p.23] h. The PSS states that the results of ice and blade throw analysis will be used to inform the wind turbine layout however no specifics are included regarding how this information will be used. This description should be provided. [p.25] 3. New York State Department of Environmental Conservation review of PSS: a. Proposed setbacks for the SLWF and the CVWEP should use the original manufacturers recommendations as a minimum starting point and take into consideration the unique environmental, cultural, and community resources of this region by consulting with local town, village, state and federal agency personnel who have extensive expert knowledge of the resources in this region. [p.23]

IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN A SEPARATE DOCUMENT. Page RFIF-5 6(b) For all expert witnesses, consultants, attorneys, or others to be employed, provide a detailed basis for the fees requested, including hourly fee, wage rate, and expenses: Rate Basis $160 Principal Engineer $120 Project Engineer $50 Administrative Support $250 $200

Category Hourly Rate Travel Time Travel / Reimbursable Cost

Activity Cost Review PSS Setback Study Scope Karst Geology Scope Review of CV Zoning Law Sect. 7.16.10 Total Activity Cost Attend Stipulation Hearings (3days) Total Project Cost $1,740 $2,980 $5,860 $5,380 $15,960 $4,400 $20,810

IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN A SEPARATE DOCUMENT. Page RFIF-6 6(c) For all expert witnesses, consultants, attorneys, or others to be employed during the Pre-Application Stage, provide a detailed statement specifying how such services and expenses will make an effective contribution to review of the Preliminary Scoping Statement and the development of an adequate scope of appropriate studies for the application to be submitted and thereby provide early and effective public involvement: Mr Dimmicks work will address two major issues brought up by the Town and State agencies in their review comments on BPs PSS. a.1.The turbine setbacks designed to insure the safety of all the Towns residents, both within and outside the proposed project. Blade failure is a real problem and the larger the turbines and blade sweep the more of a problem it becomes. a.2.The karst geological formations with in the Town of Cape Vincent are unique and require special consideration both in the planning phase and the during the actual construction phase. The information obtained from the proposed study developed by Mr. Dimmick will insure that this unique geological condition is properly addressed. a.3.The work requested of Mr. Dimmick will address seventeen (17) of the Towns and State agencys comments. All of which are critical to BPs proper implementation of PSS/Application process. a.4.The case record would be severely lacking if this work is not allowed to proceed.

IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN A SEPARATE DOCUMENT. Page RFIF-7 6(d) For all expert witnesses, consultants, attorneys, or others to be employed during the Application Stage, provide a detailed statement specifying how such services and expenses will contribute to the compilation of a complete record as to the appropriateness of the site and facility and will facilitate broad participation in the proceeding. N/A

IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN A SEPARATE DOCUMENT. Page RFIF-8 7(a) For any study to be performed, a description of the purpose of the study: N/A for pre-application phase 7(b) For any study to be performed, a description of the methodology and a statement of the rationale supporting the methodology: N/A for pre-application phase 7(c) For any study to be performed pursuant to any proposed methodology that is new or original, explaining why pre-existing methodologies are insufficient or inappropriate: N/A for pre-application phase

IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN A SEPARATE DOCUMENT. Page RFIF-9 7(d) For any study to be performed, provide a description of the timing for completion of the study and a statement of the rationale supporting the timing proposed: N/A for pre-application phase 8(a) For any study to be performed, a statement as to the result of any effort made to encourage the applicant to perform the proposed studies or evaluations and the reason it is believed that an independent study is necessary: N/A for pre-application phase 9 For all expert witnesses, consultants, attorneys, or others to be employed, provide a copy of any contract or agreement or proposed contract or agreement with each such expert witness, consultant, attorney, or other person. Will not be available until intervenor funds have been approved for Mr. Dimmick.

IF NECESSARY, ATTACH ADDITIONAL INFORMATION IN A SEPARATE DOCUMENT. Page RFIF-10 10 Provide a statement of any additional justification for the funding request not already addressed.