SE9  BINGHAMTON BAINBRIDGE CORTLAND HANCOCK ITHACA MONTROSE OWEGO WALTON www.eglawolices.com 990 Corporate Drive Binghamton, Now" York1 13904 MalingA Address: POE Box 2039 Binghamton, NY 13902-2039 (607)723-9511 (877)COUGHLIN Fax: (607)723-1530 e-mail: pegealgegawolceicom  & LLP  CCeehin  ATTORNEYS AND COUNSELORS  April 9, 2019 Via Email  Hon. Kathleen H. Burgess Secretary to the Board 3 Empire State Plaza Albany, NY 12223 Hon, Sean Mullany Presiding Examiner NYS Dept. ofl Public Service 3 Empire State Plaza Albany, NY 12223  NYS Board of] Electric Generation Siting and the Environment  Hon. Daniel O'Connell Associate Examiner NYS Dept. ofl Environmental Conservation 625 Broadway, First Floor Albany, NY 12223  RE: Signed Protective Order, Town Sanford for Case 16-F-0559 (Bluestone WindLLC)  Dear Secretary Burgess and Examiners:  Our office represents the Town of Sanford in the above referenced Article 10 proceeding.  Enclosed for filing please find the signed protective order for the Town of Sanford.  Please do not hesitate to contact me with any questions or concerns.  Respectfully: S submitted,  COUGHLIN & GERHART,LLP  2 Brady L. Begeal Partner  2 2  BLB/cmh Enclosure  cc: Party List (via DMM)    Exhibit 2  NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT  CASE 16-F-0559 - Application of Bluestone Wind, LLC for a  Certificate of Environmental Compatibility and Public Noed Pursuant to Article 10 for Construction, of the Bluestone Wind Farm Project Located in the Towns of Windsor and Sanford,  Broome County.  PROTECTIVE ORDER - EXHIBIT 2 STATE AGENCY OR MUNICIPALITY AGREEMENT  On behalf of: lownofSankerd  (Name of Part.y, hereafter referred to as the "State  Agency or Municipality"?  Ia acknowledge receipt. of a copy of the Protective Order adopted in a ruling issued March 26, 2019, in the above-captioned proceeding and affirm that I have read and understand its terms The State Agency or Municipality acknowledges that certain information to which it will be given access is Protected Information (as defined in the Protective Order) and that. the use or disclosure of that Protected Information, other than as permitted by the Protective Order, may cause substantial The State Agency or Municipallty acknowledges that (a) it is granted access to Protected Information only by virtue of its party status in this proceeding and (b) the Protective Order governs the treatment of Protected Information by all parties, including the State Agency or Municipality. The State Agency or Municipality agrees that any substantive determination of the confidential. status of Protected Information pursuant to Article 6 of the Public Officers Law (the Freedom of Information Law (FOIL)) will be made by the Department of Public Service (DPS). The Presiding Examiners will make the determination in the first instance. The State Agency or Municipality agrees that it will maintain as confidential all Protected Information until, at a minimum, 15 days after a Providing Party's claim has been finally denied by the DPS in this proceeding.  and provisions.  commercial harm to a Providing Party.    CASE 16-F-0559  Exhibit 2  State Agency Parties or Municipality Parties are subject to FOIL. As such, the State Agency or Municipality agrees that: 1. Where a FOIL request is received by the State Agency or Municipality seeking Protected Information obtained through that Agency's or Municipality's participation in this proceeding, and where the Presiding Examiners have not made a substantive determination regarding the Protected Information's status as confidential, the records shall not be disclosed by the State Agency or Municipality. The State Agency or Municipality shall deny the request for disclosure, citing to the Protective Order. The State Agency or Municipality may refer the requestor to DPS for a 2. Where any FOIL request is received by the State Agency or Municipality for Protected Information obtained by that State Agency or Municipality through its participation in this proceeding and the Presiding Examiners, or DPS on appeal from the Presiding Examiners, has granted the information confidential. status, the State Agency or Municipality shall deny the request for disclosure, citing to the Examiners' or DPS's determination and the Protective 3. Any appeal of an initial denial of disclosure under FOIL that is received by the State Agency or Municipality shall be denied on the same basis as the initial denial. Where no substantive determinalion as to the confidentiality of the Protected Information has been made by the Presiding Examiners, the State Agency or Municipality may refer the requestor to DPS for a substantive determination. 4. Where the Presiding Examiners have made a substantive determination that Lhe information alleged to be confidential should be made public because it is not exempt from public disclosure uncer FOIL, and any appeals from this determination are fully resolved, with the final decision in favor of public disclosure, the State Agency or Municipality may re.lease the information in response to a FOIL request, citing the DPS determination.  substantive determination.  Order.    CASE 16-P-0559  Exhibit 2  C certify that I am an attorney for or an authorized representative of the State Agency or Municipality identified above and have full authority to execute this document on its  behalf.  NAME AND TITLE (PRINTED): : Duaylckey Supanlisa  SIGNATORE: DATE:  B Subs  A  48,/19  VTELEPHONE: 07- 467-1910  I certify that I an the Records Access orficer/Appeals Officer (circle one) of the State Agency or Municipality identified above and have full authority to execute this document on its  behalf. NAME (Printed): SIGNATURE: DATE:  ALssun Lz  TITLE (circled) RECORDS ACCESS OFFICER or APPEALS OFFICER  Dlaa amg  41919  TELEPTIONE: 607.-467- 2214  The State Agency or Municipality named above elects (check one):  To receive all Protected Information as soon as it is made available pursuant to the Protective Order. To receive notice of the availability of Protected  Information.