Document JNJaknLyLGJxr9wydq7jJGm8K

John W. Dax Partner Direct Dial: 518.433.2414 jdaxhodgsonnas.com Alicia R. Legland Associate Direct Dial: 518.433.2416 aleglandhodgsonruss.com HodgsTOonsRuss ,, April 3, 2025 Via Electronic Mail Jason Zehr, Chief Environmental Certification and Compliance Office of Energy System Planning and Performance NYS Department of Public Service Three Empire State Plaza Albany, NY 12223 Re: Case 17-F-0282 -- Alle-Catt Wind Energy LLC Request for Notice to Proceed with Construction -- Access Roads and Collection Lines Dear Mr. Zehr: Pursuant to the Order Granting Certificate of Environmental Compatibility and Public Need, with Conditions dated June 3, 2020 in Case 17-F-0282, Alle-Catt Wind Energy LLC (ACWE) requests permission to proceed with construction of access roads, and the necessary topsoil stripping and earth work related thereto (Access Road Construction), and installation of collection lines throughout the Article 10 Wind Facility site. All notifications required by Conditions 20 through 23 of the Article 10 Certificate of Environmental Compatibility and Public Need (Article 10 CECPN) have been provided, as affirmed in the letter submitted to Secretary Phillips on April 2, 2025 (Case 17-F-0282, DMM Docket No. 697). ACWE is requesting permission to commence Access Road Construction and installation of collection lines on or about April 7, 2025. ACWE seeks permission to proceed with Access Road Construction and installation of collection lines throughout the Article 10 Wind Facility site as described in the compliance filings listed below, which were filed in compliance with the Article 10 CECPN and approved by the New York State Public Service Commission (Commission): The Commission issued an Order on June 25, 2024 in Case 17-F-0282 approving the Stormwater Package (No. 8) (DMM No. 573). The Commission issued an Order on December 24, 2024 in Case 17-F-0282 conditionally approving the Construction Notice to Proceed (CNTP Package) (Nos. 1, 2, 3, 5, 8, 10, 11, 12, 13, 14, 18, 28, and 31) and finding that the CNTP Package assures compliance with Certificate Conditions 46, 49, 56(b), and 57 (DMM No. 666). 677 Broadway, Suite 401, Albany, New York 12207 I 518.465.2333 I HodgsonRuss.com Albany Buffalo New Jersey New York Palm Beach Rochester Saratoga Springs Toronto OST-2025-1200 Page 01435 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0024622 Page 2 Since there are no further compliance filings required for this phase of construction, ACWE respectfully requests issuance of the Notice to Proceed with Construction for Access Road Construction and installation of collection lines throughout the Article 10 Wind Facility site as soon as possible. Please contact me with any questions. Respectfully submitted, /s/ John W. Dax John W. Dax Hodgson Russ LLP Attorneysfor Alle-Catt Wind Energy LLC JWD:arl cc: DMM Party List (via DMM and e-mail) Administrative Law Judge Dakin Lecakes (via e-mail) Administrative Law Judge Tara Kersey (via e-mail) Hon. Michelle L. Phillips, Secretary (via DMM) 66889890O OST-2025-1200 Page 01436 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0024623