[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.© STATE OF New YORK EXECUTIVE CHAMBER Ateany 12224 ANDREW M. CUOMO ALPHONSO B. DAVID ‘Governor ‘CoUNSELTO THE GOVERNOR May 2, 2016 H. Carl McCall Chairman SUNY Board of Trustees 353 Broadway Albany, New York 12246 Nancy Zimpher Chancellor State University of New York 353 Broadway, 4" Floor Albany, New York 12246 Dr, Alexander Cartwright Interim President ‘The Research Foundation for The State University of New York P.O. Box 9 Albany, New York 12201-0009 Dear Chairman McCall, Chancellor Zimpher and Interim President Cartwright, Due to ongoing legal matters related to the Buffalo Billion and Nano economic development programs, please be advised that all decisions to be made by the SUNY Polytechnic Institute and The Research Foundation for The State University of New York regarding the Buffalo Billion and Nano programs shall be subject to review and approval pursuant to guidelines to be established by Bart Schwartz, vio is leading the current investigation on behalf of Governor Cuomo. We Work For tHe People PERFORMANCE * INTEGRITY * PRIDE 1 ronac neyoThis directive shall be effective immediately and continue until further notice, Sincerely Alphonso B. David cc: Joseph Porter, General Counsel, State University of New York Board of Trustees, State University of New York Board of Directors, The Research Foundation for The State University of New YorkSTATE OF New YorK. EXECUTIVE CHAMBER: Aveany 12224 ANDREW M. Cuomo, ALPHONSO B, DAVID ‘Governon courses Toe GoveRNOn To: All Executive Agencies > From: Alphonso David, Counsel to the Govern Date: May 2, 2016 Re: Notice In light of ongoing investigations, please be advised that all policy makers at executive agencies and authorities are directed not to engage in “lobbying communications" with Mr. Todd Howe, his staff, and agents as well as any representative of WOH Government Solutions, without advance approval from the Office of Counsel to the Governor. "Lobbying communications" includes any telephone calls, emails, written correspondence, or in-person meetings pertaining to any item covered by the Section 1-A of the Legislative Law, Specifically, this directive requests that Agency Leadership refrain from communications with the parties referenced above that constitute any “attempt to influence” pending or proposed legislation, regulation, executive action, resolution, procurement or ratemaking action, whether on the state or local level. Thank you for your prompt attention to this matter and please do not hesitate to contact my office with any questions regarding implementing this direction. We Work For THE PEoPLe PerroRMaNce * INTEGRITY * PRIDE 5 ri on acy paper