S.Ea,  From: Thel Law Office of Christopher Denton aspCbmtosorgane  Sent: Wednesday, April 03, 20193:20PM  To: Mullany, Sean (DPS) Sean.Mulany@dpsny.gov;Saviola, Michael (AGRICULTURE) Michae.Savola@agiiculure.nygov,; mayewli@gmal.com; hansepsiein@gmal.com: lugrad@milennumppelne.com; Miatinelasur@yhoocom: Tylutki, Kathleen AGRICULTURE) <Kahen.lyuh@agncuenygpe,arger@rouchwhle.com, Domyea@yoirgommarcom: wisinebasur@yaro.com, Thomas1, Richard (HEALTH) RehardTnonasi@neatnnygop,Wels, Tara (AGRICULTURE) swanOlyouepPe, Macfee, RyanF R( (HEALTH) syanmadee@reatihygozame@ypencnenwchenvwrommental.com: Article10@aceny. .org; valalmngcaymecmrgamsmmegpaticom: Gaidasz, KarenM( (DEC) Karen.gadasz@.ecngoeDDeyeagegawoices.com,; atnornzs@gmal.com,wrdsonsupersor@ecnoes.net. epsteincaro.@gmal.com; Cerbin, Andrea OPS)-AndreaCetingepanygpeaa-yem.janis@cap.hne.om; amosonpe@gmal.com, andymason@earhingringnet.drose@yano.om,an@youngsommer.com; Binder, JonathanA(DEC) PaMnaAbrale@cacnygoeBat2veaslcom. hwakins@nysiotorg;: Csaso@cgewopricescom: Subject: Re: 16-F-0559, Bluestone' Wind, LLC-F PSL Article 10117 Treatment ofF Protected Information  muscato@youngsommer.com; hezyonka@gmal.com Cc: O'Connell, Daniel P (DEC) dameoometgoAenygPe  3April2019  Honorable Sean Mullany Administrative Law. Judge Office ofH Hearings and Alternative Dispute Resolution Department ofF Public! Service 3E Empire State! Plaza Albany, NY 12223  Re: Application to orderv waiver of confidentiality in Documents attached tot thel letter, dated April 1, 2019 and for other relief.  Dear. Judge Mullany:  lapologize for not recognizing yout this morning wheny you telephoned my office, ex parte. Idor not knowy your voice, andy you did not identify yourself to my secretary ast the Administrative Law Judgei int this case, nor tor me until half wayt through the  conversation.  Iwas surprised when! received ane email from youl lateri iny whichy youi informedt the recipients oft the email that BCCR's filing had been removed summarily and that youy were informing all of us that wer must treat thisi information: as' "Protected Information". No opportunity" was afforded my clientst tob be heard ont the matter and the Letter from Young/Somers LLCf failedto showt that the documents tov which they objected had been previously submitted. They gave neither page number nor document title where said documents might! have been! located, nor did they give the date and document filingr number where they might have been filed. Additionally, ifthec documents arei ins some secret file, BCCRI has no notice oft the existence of ort the contents ofs such  secret file.  The Ruling Adopting Protective Orderi issued October 24th, 2018 defines' Protected! Information": "Protected Information! is information that iss submitted tot thel New' York State Board on Electric Generation Siting and Environment (Siting Board) ort the Department ofF Public Service (DPS) by a party tot this proceeding under cover ofac claim thati its should be protected from public disclosure undert thel Freedom ofl Information Law (FOIL), Pubic Officers Law (POL) sections 846 et seq.    Thel burden clearly is ont the Applicant tor have submittedi ina advance anyi information! that it believes justifies al Protected Information order. NO such document was submitted nor shown tol have beens submitted. Information can onlyb bep protected ifitis part oft the record. Not having madei it part oft the record by submitingi itii ina advance, the Applicant cannot now attempt tos suppress it. Without the submission, thei information cannot be deemed Protected Information". Indeed, the information! has to originate fromi the Applicant, asi it must bes submitted' "under cover of claim that its should be protected". No submission and no cover ofc claim Thef fact that thei information embarrasses the Applicant bye exposing tactics which discourage public and community participation is not a criteriai that the court cand consider when nos submission has been made. Anda as submission after the information! is already publici is moot. Ifa reporter asks aj politiciana a question and the politician answers it,t then says' "byt the way that was offt the record", itist tool late. My office couldr not findi int the record, usingt the DPS's searche engine, wheret the lease and the Therefore, my clients object toy your pre-emptive rulingt thatt the Letter and its contents are' protected Information" and ask  means itis not' "protected Information".  'purchase ofs silence and promotion' road agreements had been submitted.  thaty your rescinds said rulingi immediately. iremain,  Very" Truly Yours,  Your Honor, this ist my reply toy your email ofe earlier today, stating that we need tot treat the attachments tor my letter as" Protected  Information". Christopher Denton, Esq. The Law Office of Christopher Denton 311 Lake Street Elmira, NY 14901 607-734-0661 o 607-734-0953 f antpiemetiadicanet