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[STATE OF NEWYORK. EXECUTIVE CHAMBER ‘Awwany 12224 ANDREW M. CUOMO. ALPHONSO B. DAVID Governor ‘CoUNsEL. TO THe GovERNOR May 2, 2016 Mr. Gil Quiniones Chief Executive Officer New York Power Authority 123 Main St. Mail Stop 10 - H White Plains, NY 10601-3170 Ms. Audrey Zibelman ‘Commissioner, New York State Department of Public Service Chair, New York State Public Service Commission Empire State Plaza Agency Building 3 Albany, NY 12223-1350 Mr. Basil Seggos Acting Commissioner New York State Department of Environmental Conservation 625 Broadway Albany, New York 12233-0001 Dear Mr. Quiniones, Commissioner Zibelman, and Acting Commissioner Seggos, ‘As you may be aware, there is an ongoing investigation by the US. Attomey's Office for the Southern District of New York focused on several matters related to Upstate New York {commonly referred to as the Buffalo Billion and Nano investigation). This investigation has recently raised questions of improper lobbying and undisclosed conflicts of interest by some persons and entities. One entity that has been mentioned is Competitive Power Ventures (CPV) and CPV Valley LLC (CPV Valley). We understand that CPV or CPV Valley is constructing a 650 megawatt power plant in Wawayanda, Orange County, NY, with a proposed connection to the New York Power Authority's (NYPA) Marcy South tine. ‘Out of an abundance of caution, during the course of this investigation or until such time that ‘you are otherwise instructed, we are directing NYPA, the Department of Public Service, the We Work For THE PEOPLE, PERFORMANCE * INTEGRITY * PRIDE Cb presen syetpaper Public Service Commission, and the Department of Environmental Conservation, to immediately suspend or discontinue all communications with CPV or CPV Valley, activities in support of any regulatory approvals for CPV or CPV Valley, any ongoing regulatory proceedings related to CPV or CPV Valley, or any other discussions of projects, proposals, lobbying, transactions, or other matters concerning New York State, its Executive Agencies or Authorities that pertain to CPV or CPV Valley. In the event communications are necessary to ensure the secutity of the State's energy supply or infrastructure, we instruct you to consult and coordinate with the Office of Counsel to the Governor. We are taking these measures because we value the public trust and must take all actions necessary to avoid any actual or perceived violation of that trust. Should you have any questions, please contact my office.

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