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STATE OF NEW YORKSUPREME COURTOUNTY OF JEFFERSONWIND POWER ETHICS GROUP,

Petitioner-Plaintiff,- VS -

PLANNING BOARD OF THE TOWN OF CAPEVINCENT, and RICHARD EDSALL, TOM RIENBECK,GEORGE MINGLE, ANDREW BINSLEY and KARENBO UR CY , in their capacities as planning board members

VERIFIED ANSWERAND OBJECTIONSIN POINT OFLAW/AFFIRMATIVE

DEFENSES OFRESPONDENT-DEFENDANT ST.

LAWRENCEWINDPOWER, LLCRespondents-Defendants,- and -ST. LAWR ENCE WINDPOW ER, LLC,

Respondent-Defendant.

Index No. 10-2882

Respondent-Defendant, St. Lawrence Windpower, LLC (hereinafter"SLW "), as and for its Verified Answ er to the Petition and C omplaint, states as follows:

1. Neither admits nor denies the allegations set forth in paragraph 1which purports to characterize the nature of this proceeding and do not contain factualcontentions to which a responsive pleading is required.

2. Denies the allegations contained in paragraphs 2, 3, 5, 6 and 7 of thePetition and Complaint.

3. Denies knowledge or information sufficient to form a belief as to theallegations contained in paragraph 4 of the Petition and C omplaint.

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- 2 -PARTIES

4. Denies knowledge or information sufficient to form a belief as to theallegations contained in paragraph 8 of the Petition and Co mplaint.

5. Denies the allegations contained in paragraphs 9 and 12 of thePetition and Complaint.

6. Adm its the allegations contained in paragraphs 10 and 13.7. Admits the allegations contained in paragraph 11 to the extent it

alleges that the listed parties were planning board members at the time of the actionscomplained of in the Petition and Complaint, and otherwise denies knowledge oinformation sufficient to form a belief as to the remaining allegations contained therein.

VENUE8. Neither admits nor denies the allegations contained in paragraph 14

to the extent it attempts to allege the legal basis for the venue of the within combinedArticle 78/Declaratory Judgment proceeding.

EXHAUSTION OF ADMINISTRATIVE REMEDIES9. Admits the allegations contained in paragraphs 15, 16 and 17 of the

Petition and Complaint.10. Admits the allegations contained in paragraph 18 to the extent it

alleges WPEG and other individuals, agencies and members of the public submittedcomments during the relevant comment periods, and otherwise denies the remainingallegations co ntained therein.

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- 3 -I I .dmits the allegations contained in paragraph 19 of the Petition andComplaint to the extent it alleges that the Cape Vincent Planning board adopted a

Findings Statement pursuant to the provisions of the State Environmental Quality ReviewAct ("SEQ R"), and otherwise denies the remaining allegations contained therein.

12. Denies knowledge or information sufficient to form a belief as to thallegations contained in paragraph 20 of the Petition and Com plaint.

13. Neither admits nor denies the allegations contained in paragraph 21of the Petition and Complaint to the extent it purports to characterize the contents ofdocuments, and respectfully refers this Court to those documents and/or materials uponwhich such allegations are purportedly based for the full terms and effects thereof.

14. Denies the allegations contained in paragraph 22 of the Petition andComplaint.

FACTU AL BACKGRO UN D15. Neither admits nor denies the allegations contained in paragraph 23

of the Petition and Complaint, as there are no factual allegations to which a responsivepleading is required.

16. Denies knowledge or information sufficient to form a belief as to theallegations contained in paragraphs 24, 25, 28, 30, 34, 38, 39, 40, 53, and 56 of thePetition and Complaint.

17. Denies the allegations contained in paragraphs 26, 46 and 50 of thePetition and Complaint.

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- 4 -18. Denies knowledge or information sufficient to form a belief as to the

allegations contained in paragraph 27 of the Petition and Complaint, as "industrial" is anundefined term.

19. Admits the allegations contained in paragraphs 29, 31, 35, 43, 44and 51 of the Petition and Com plaint.

20. Neither admits nor denies the allegations contained in paragraph 32of the Petition and Co mplaint to the extent that paragraph characterizes provisions of law,rules, regulations and/or court decisions and their effect in this matter, and respectfiillyrefers all issues of law to this Court.

21. Admit the allegations contained in paragraph 33 of the Petition andComplaint to the extent it alleges that the SLW project is sited in an Agricultural District,but neither admits nor denies the remaining allegations contained therein to the extent itcharacterizes provisions of law, rules, regulations and/or court decisions and their effectin this ma tter, and respectfully refers all issues of law to this Cou rt.

22. Admits the allegations contained in paragraph 36 of the Petition andComplaint to the extent it alleges that the SLW may be required to allow collocation ofthe transmission line for the Project, but otherwise denies the allegations contained inparagraph 36 of the Petition and Com plaint.

23. Admits the allegations contained in paragraph 37 of the Petition andComplaint, but neither admits nor denies the remaining allegations contained therein tothe extent it characterizes the contents of documents, and respectfully refers this Court to

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- 5 -those documents and/or materials upon which such allegations are purportedly based forthe full terms and effects thereof.

24. Admits the allegations contained in paragraph 41 of the Petition andComplaint to the extent it alleges SLW prepared and submitted a Supplemental DrafEnvironmental Impact Statement to the Planning Board, but neither admits nor denies theremaining allegations contained therein to the extent it characterizes the contents ofdocuments, and respectfully refers this Court to those documents and/or materials uponwhich such allegations are purportedly based for the full terms and effects thereof.

25. Neither adm its nor denies the allegations contained in paragraphs 4245, 47, 48, 49, 52, and 54 of the Petition and Complaint as they characterize the contentsof documents, and respectfully refers this Court to those documents and/or materialsupon w hich such allegations are purportedly based for the full terms and effects thereof.

26. Admits the allegations contained in paragraph 45 of the Petition andComplaint to the extent it alleges that comments were submitted by agencies and thepublic during the comment period, but neither admits nor denies the remainingallegations contained therein to the extent it characterizes the contents of documents, andrespectfully refers this Court to those documents and/or materials upon which suchallegations are p urportedly based for the full terms and effects thereof.

27. Admits the allegations contained in paragraph 55 of the Petition andCom plaint to the extent it alleges that the Planning Bo ard accepted a Final EnvironmentalImpact Statement submitted by SLW .

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- 6 -28. Admits the allegations contained in paragraph 57 of the Petition and

Complaint to the extent it alleges that the Planning Board adopted a Findings Statemenfor the Project in compliance with the requirements of SEQR at its meeting of Septembe15, 2010, but otherwise denies the allegations contained therein.

FIRST CAUSE OF ACTION29. Repeats and realleges the responses interposed to the allegations

contained to paragraphs 1 through 57 of the Petition and Complaint as if fully set forth atlength herein.

30. Denies the allegations contained in paragraphs 59, 63, 64 and 65 othe Petition and Co mplaint.

31. Neither admits nor den ies the allegations contained in paragraphs 60,61 and 62 of the Petition and Complaint to the extent those paragraphs characterizeprovisions of law, rules, regulations and/or court decisions and their effect in this matter,and respectffilly refers all issues of law to this Court.

SECOND CAUSE OF ACTION32. Repeats and realleges the responses interposed to the allegations

contained to paragraphs 1 through 65 as if fully set forth at length herein.33. Neither adm its nor denies the allegations contained in paragraphs 67,

68, 69 and 70 of the Petition and Complaint to the extent those paragraphs characterizeprovisions of law, rules, regulations and/or court decisions and their effect in this matter,and respectfully refers all issues of law to this Court.

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734. Admits the allegations contained in paragraphs 71 and 72 of the

Petition and C omp laint.35. Neither admits nor denies the allegations contained in paragraph 73

of the Petition and Complaint as they characterize the contents of documents, andrespectfully refers this Court to those documents and/or materials upon which suchallegations are p urportedly based for theerms and effects thereof.36. Denies the allegations contained in paragraphs 74, 76 and 78 of thePetition and C omp laint.

37. Admits the allegations contained in paragraph 75 of the Petition andComplaint to the extent it alleges that the Notice of Acceptance of the FEIS appeared inthe September 1, 2010 issue of the E nvironmental Notice Bu lletin.

38. Denies knowledge or information sufficient to form a belief as to theallegations contained in paragraph 77 of the Petition and Co mplaint.

THIRD CAUSE OF ACTION39. Repeats and realleges the responses interposed to the allegations

contained to paragraphs 1 through 78 as if fully set forth at length herein.40. Denies knowledge or information sufficient to form a belief as to the

allegations contained in paragraphs 79, 80, 82 and 83 o f the Petition and Com plaint.41. Neither admit nor deny the allegations contained in paragraph 81 of

the Petition and Complaint to the extent it characterizes provisions of law, rules,regulations and/or court decisions and their effect in this matter, and respectfully refersall issues of law to this Court.13257148 2

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- 8 -42. Deny the allegations contained in paragraph 84 of the Petition of the

Petition and Co mplaint.FOURTH CAUSE OF ACTION

43. Repeats and realleges the responses interposed to the allegationcontained to paragraphs 1 through 84 as if fully set forth at length herein.

44. Denies lcnow ledge or information sufficient to form a belief as to theallegations contained in paragraph 86 of the Petition and Co mplaint.

45. Neither admit nor deny the allegations contained in paragraph 87 othe Petition and Complaint to the extent that paragraph characterizes provisions of law,rules, regulations and/or court decisions and their effect in this matter, and respectfullyrefers all issues of law to this Court.

46. Neither admits nor denies the allegations contained in paragraph 88of the Petition and Co mplaint to the extent it characterizes the contents of documents, andrespectfully refers this Court to those documents and/or materials upon which suchallegations are pu rportedly based for the full terms a nd effects thereof.

47. Denies the allegations contained in paragraph 89 of the Petition andComplaint.

FIFTH CAUSE OF ACTION48. Repeats and realleges the responses interposed to the allegations

contained to paragraphs 1 through 89 as if fully set forth at length herein.49. Neither admits nor denies the allegations contained in paragraphs 91

and 92 of the Petition and Complaint to the extent those paragraphs characterize13257148.2

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9 -provisions of law, rules, regulations and/or court decisions and their effect in this matterand respectfiilly refers all issues of law to this Court.

50. Denies the allegations contained in paragraph 93 of the Petition andComplaint.

SIXTH CAUSE OF ACTION51. Repeats and realleges the responses interposed to the allegations

contained to paragraphs 1 through 93 as if fully set forth at length herein.52. Neither admits nor denies the allegations contained in paragraphs 94

and 95 of the Petition and Complaint to the extent those paragraphs characterizeprovisions of law, rules, regulations and/or court decisions and their effect in this matter,and respectfully refers all issues of law to this Court.

53. Denies the allegations contained in paragraph 96 and 97 of thePetition and Complaint.

54. Denies each an d every other allegation in the Petition and Com plaintnot specifically admitted, controverted or denied.

AS AND FOR A FIRSTOBJECTION IN POINT OFLAW /AFFIR1VIATIVE DEFENSE55. The Petition and Complaint fails to state a cause of action upon

which relief can be granted.

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- 10 -AS AND FOR A SECONDOBJECTION IN POINT OFLAW/AFFIRMATIVE DEFENSE

56. The determination sought to be reviewed has substantial basis in therecord, does not constitute an abuse of discretion, nor was it affected by an error of law,or arbitrary and capricious.

AS AND FOR A THIRDOBJECTION IN POINT OFLAW/AFFIRMATIVE DEFENSE

57. The Court lacks jurisdiction as to the Declaratory Judgment portionsof the Action/Proceeding.

AS AND FOR A FOURTHOBJECTION IN POINT OFLAW/AFFIRMATIVE DEFENSE58. Petitioner-Plaintiff lacks capacity to sue.

AS AND FOR A FIFTHOBJECTION IN POINT OFLAW/AFFIRMATIVE DEFENSE

59. The Petition and Complaint fails to establish Petitioner-Plaintiff sstanding to maintain this Action/Proceeding.

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- 11 -WHEREFORE, Respondent-Defendant St. Lawrence Windpower, LLC

respectfully request an Order dismissing the Petition and Complaint in this proceeding,together with costs and disbursements, and such other and further relief as to this Courtseems just and proper.Dated:ecember 9, 2010IXON PEABODY , LLP

Office and Post Office Address677 Broadway, 10 t h FloorAlbany, New York 12207Tel: (518) 427-2650Attorneys for Respondent-DefendantSt. Lawrence Windpower, LLC

TO: GARY A. ABRAHAM, ESQ.Attorneys for Petitioner-PlaintiffOffice and Post Office Address170 N orth Second StreetAllegany, New York 14706Tel: (716) 372-1913WHITEMAN, OSTERMAN & HANNA LLPTodd M . Mathes, Esq., of counselAttorneys for Respondents-Defendants Planning

Board of the Tow n of Cape Vincent, et al.Office and Post Office AddressOne Com merce PlazaAlbany, New York 12260Tel: (518) 487-7600

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. LEISTENSNIDER

VERIFICATION

STATE OF NEW YORK )COUNTY OF ALBANY )ss:

RUTH E. LEISTENSNIDER, being duly sworn, deposes and says:1. I am a member of Nixon Peabody, LLP, attorneys for Respondent

Defendant St. Lawrence W indpower, LLC in the within matter.2. I have read the foregoing Verified Answer and know the contents

thereof, and the same is true to my own lcnowledge, except to those matters stated to beupon information and b elief, and as to those matters, I believe them to be true.

3. The reason why this verification is made by me and not byRespondent-Defendant St. Lawrence Windpower, LLC is that Respondent-Defendantdoes not have its principal place of business in the County of A lbany.

Sworn to before me this gykday of December, 2010.

N tary bliKATHY J. DEYONotary Public:, State of New YorkQualified in Greene CountyNo. 01DE4711583Commission Expires Dec. 31 , az