J ! ~ACKSONICLW y, ,% d ATTORNEYS AT LAW PLLC \\- - .- 500 LEE STREET €kT SlJlTE 1600 PO. BOX 553 CHARLESTON, WEST VIRGINIA 25322 TELEPHONE: 304-340-tO0O TELECOPIER: 304-340-1 I30 www.pcksonkelly.com DIRECT TELEPHONE: (304) 340-1214 DIRECT TELECOPIER (304) 340-1080 E-Mail: snchambask2iacksonkellv.com State Bar No. 694 August 18,2009 L (33 VIA HAND DELIVERY Ms. Sandra Squire Executive Secretary Public Service Commission 201 Brooks Street Post Office Box 8 12 Charleston, West Virginia 25323 Re: Case No. 09-0360-E-CS Pinnacle Wind Force, LLC Dear Ms. Squire: Enclosed is a copy of the Response of Pinnacle Wind Force, LLC to Allegheny Front Alliance's First Set of Discovery Requests to Pinnacle Wind Force, LLC in the above- referenced matter. Please note that attachments to the Responses are two-sided copies. The original of the Answer is being forwarded to Bradley W. Stephens, Counsel for Allegheny Front Alliance. Copies of the Answer are also being mailed to the parties of record today. Please advise if you have any questions. Sincerely, SNC/cimb Enclosure cc: John Auville, Esq. (w/enc.) Bradley W. Stephens, Esq. (w/enc.) Vincent Trivelli, Esq. (w/enc.) James M. Cookman (w/o enc.) David K. Friend (w/o enc.) 1583295.1) Ctarksburg, WV Martinsburg, W Morgantown, WV Wheelmg. WV J Denver, CO Lexington, KY Pittsburgh, PA Washington, DC PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON Q Case No. 09-0360-E-CS cb P 33 Pinnacle Wind Force, LLC 5 m 0 Application for a Siting Certificate to Authorize the Construction and Operation of an Electric Wholesale Generating Facility and Related Transmission Support Line of Less than 200 kV and Associated Interconnection Facilities in Mineral County, West Virginia Response of Pinnacle Wind Force, LLC to Allegheny Front Alliance’s First Set of Discovery Requests to Pinnacle Wind Force, LLC TO: Bradley W. Stephens, Esq. Stephens Law Office, PLLC 235 High Street #5 18 Monongahela Building Morgantown, WV 26505 Pinnacle Wind Force, LLC (“Pinnacle”) submits the following response to Allegheny Front Alliance’s First Set of Discovery Requests to Pinnacle Wind Force, LLC filed with the Public Service Commission of West Virginia (“Commission”) on July 29, 2009. (CIS83 182.1 } PINNACLE WIND FORCE, LLC CASE NO. 09-0360-E-CS ALLEGHENY FRONT ALLIANCE’S FIRST SET OF DISCOVERY REQUESTS Prepared by: David K. Friend Responsible Witness for this Material: Each witness identified in this response is responsible for the materials pertaining to that witness Response Date: August 18,2009 REQUEST: 1.1 For each person providing prejled testimony on behalf of Pinnacle filed in this matter on May 26, 2009, please identifj by tribunal and case style or other comparable designation each civil action, regulatory proceeding, or administrative docket in which each person has opined (including summaries prepared by counsel) or testiped (including in prefiled testimony, whether or not ultimately sponsored) on (i) the specipc subject areas identified in each respective prejled testimony, or (ii) any other aspect of wind power siting or development. Please provide a copy of each document memorializing or otherwise containing a transcript of the testimony of each person currently providing prejled testimony on behalf of Pinnacle, in each civil action, regulatory proceeding, and administrative docket identiped in your response to this request. RESPONSE: James D. Barnes Mr. Barnes provided testimony on the subject areas identified in his prefiled testimony in the following proceedings: 1. West Virginia Public Service Commission: (a) Case No. 05-1740-E-CS Liberty Gap Wind Force, LLC (b) Case No. 05-1 590-E-CS Beech Ridge Energy LLC Copies of the testimonies provided by Mr. Barnes in each of the above described cases are available on the West Virginia Public Service Commission’s website at http://www.psc.state.wv.us/webdocket/default.htm. PINNACLE WIND FORCE, LLC CASE NO. 09-0360-E-CS ALLEGHENY FRONT ALLIANCE’S FIRST SET OF DISCOVERY REQUESTS 2. Maryland Public Service Commission: Case No. 9164 Dans Mountain Wind Force, LLC Mr. Barnes was co-author of an Acoustical Study of Proposed Dans Mountain Wind Farm Allegheny County, MD, dated October, 2008, prepared by Acentech Incorporated, which was included as Appendix “E” to an Environmental Review Report submitted in the above described case. This study is available on the Maryland Public Service Commission’s website at http://webapp.psc.state.md.us/Intranet/home.cfm. In addition to these proceedings, Mr. Barnes has offered reports for four other wind power projects: 0 Cohasset Wind Project (Cohasset, MA) Fox Islands Wind Project (Vinalhaven, ME) 0 Moresville Energy Center (Moresville, NY) Sheldon Wind Project (Wyoming County, NY) Mr. Barnes does not have copies of the final reports for these projects or the case numbers for any regulatory or administrative proceedings where the reports have been submitted. He is working with his clients for these projects to assemble this information, and these answers will be supplemented once this information becomes available. Randall A. Childs Mr. Childs provided testimony on the subject areas identified in his prefiled testimony in the following proceeding: West Virginia Public Service Commission: Case No. 05-1740-E-CS Liberty Gap Wind Force, LLC A copy of Mr. Childs’ testimony in the above described case is available on the West Virginia Public Service Commission’s website at http://www.psc.state.wv.us/webdocket/default.htm. Terrence J. De Wan Mr. DeWan submitted a report or reports and/or provided testimony on the subject areas identified in his prefiled testimony in the following proceedings: {C1583182. I} PINNACLE WIND FORCE, LLC CASE NO. 09-0360-E-CS ALLEGHENY FRONT ALLIANCE’S FIRST SET OF DISCOVERY REQUESTS 1. Maine Land Use Regulation Commission (“LURC”): (a) LURC Zoning Permit (“ZP”) #536A. Application by Kenetech Windpower for permit to construct New England Wind Energy Station. A copy of Mr. DeWan’s expert report is provided in Attachment AFA- 1.1.a. (b) LURC ZP #702. Application by Maine Mountain Power for permit to construct Redington Wind Farm. A copy of Mr. DeWan’s expert report is provided in Attachment AFA-1.1 .b. (c) Application by Evergreen Wind Power V, LLC for permit to construct Stetson Mountain Wind Farm (also known as Black Nubble Wind Farm). A copy of Mr. DeWan’s expert report is provided in Attachment AFA-1.l.c. A copy of the transcript of Mr. DeWan’s testimony is provided in Attachment AFA-1.1 .d. (d) Application by Stetson Wind 11, LLC for permit to construct Stetson I1 Wind Farm. A copy of Mr. DeWan’s expert report is provided in Attachment AFA- 1.l.e. Additional information on these proceedings may be available from the Maine Land Use Regulation Commission 22 State House Station Augusta, Maine 04333-0022 Telephone (207)287-263 1 2. Maine Department of Environmental Protection, Bureau of Land & Water Quality: Application by Record Hill Wind, LLC for permit to construct Record Hill Wind Project. Terrence J. DeWan & Associates prepared the visual impact assessment set forth in Section 30 of the permit application, which is provided in Attachment 1.1 .f. 3. Cape Wind Project, Nantucket Sound, Massachusetts. Client: Save our Sound, An Alliance to Protect Nantucket Sound. In 2008, TJD&A performed a Peer Review of the Draft Environmental Impact Statement prepared by Minerals Management Services (MMS) of the U. S. Department of the Interior. A copy of this document is provided in Attachment 1.1.g Paul Kerlinger Dr. Kerlinger provided testimony on the subject areas identified in his prefiled testimony in the following proceedings: (ClS83 182.1 } PINNACLE WIND FORCE, LLC CASE NO. 09-0360-E-CS ALLEGHENY FRONT ALLIANCE’S FIRST SET OF DISCOVERY REQUESTS 1. West Virginia Public Service Commission: (a) Case No. 00- 1209-E-CN Backbone Mountain Windpower LLC (no prefiled testimony) (b) Case No. 05-1740-E-CS Liberty Gap Wind Force, LLC Copies of Dr. Kerlinger’s testimonies in each of the above described cases are available on the West Virginia Public Service Commission’s website at http://www.psc.state.wv.us/webdocket/default.htm. 2. Maryland Public Service Commission: (a) CaseNo. 8938 Clipper Windpower, Inc. (b) CaseNo. 8939 Savage Mtn. Wind Force, LLC (c) CaseNo. 9008 Synergics Wind Energy, LLC Copies of the testimony provided by Dr. Kerlinger in each of the above described cases are available on the Maryland Public Service Commission’s website at http://webapp.psc.state.rnd.us/Intranet/home.cfm. 3. In 2002, Dr. Kerlinger gave testimony before the Zoning Board of Appeals (“ZBA”) of Bureau County, Illinois with regard to the Midwest Wind Energy project. However, no prefiled testimony was submitted by Dr. Kerlinger, and to the best of his knowledge, no transcript of the proceeding was made. Dr. Kerlinger does not have a docket or case number for the proceeding. Further information regarding this proceeding may be available from: Bureau County Zoning and ESDA Kristine Donarski 700 South Main Street Princeton, IL 6 1356 (815) 875-2077 {C1583182.1) PINNACLE WIND FORCE, LLC CASE NO. 09-0360-E-CS ALLEGHENY FRONT ALLIANCE’S FIRST SET OF DISCOVERY REQUESTS 4. In 2007/2008, Dr. Kerlinger gave testimony before the ZBA of McLean County, Illinois with regard to the White Oak Energy, LLC project. Dr. Kerlinger does not have a docket or case number for the proceeding. Dr. Kerlinger does not possess a copy of his testimony as submitted to the ZBA, but it may be available from: McLean County Building and Zoning Government Center 115 E Washington Street, Rm M102, PO Box 2400 Bloomington, IL 6 1702-2400 Phone (309) 888-5 160 [email protected] 5.