NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT _______________________________________________ In re the Matter of Application of Garnet Energy Center, LLC for a Certificate CASE 20-F-0043 of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct and Operate a Solar Generating Facility and Energy Storage System in the Town of Conquest, Cayuga County. _______________________________________________ Exhibit 4 Engagement Letter, Budget and Qualifications of Chad M. Wade.
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NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT _______________________________________________ In re the Matter of Application of Garnet Energy Center, LLC for a Certificate CASE 20-F-0043 of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct and Operate a Solar Generating Facility and Energy Storage System in the Town of Conquest, Cayuga County. _______________________________________________
Exhibit 4
Engagement Letter, Budget and Qualifications of Chad M. Wade.
300 State Street, Suite 502 Rochester, New York 14614 585.434.0790 phone 585.563.7432 fax www.zoglaw.com
VIA ELECTRONIC MAIL August 18, 2021 Chad M. Wade ([email protected]) 363 N. Montgomery St Newburgh, NY 12550
Re: Contract for Expert Consulting Services between Mr. Chad Wade and The Zoghlin Group PLLC for Expert Consulting Services Related to Article 10 proceeding for Garnet Solar
Dear Mr. Wade,
Please let this letter confirm that you have agreed to provide expert consulting services to The Zoghlin Group, PLLC for the benefit of its client, Rural Preservation and Net Conservation Benefit Coalition (“RPNCBC”). Your expert services will assist The Zoghlin Group (the “Firm”) and its client, RPNCBC, in the state siting proceeding for the proposed Garnet Solar project. The siting proceeding is being conducted through Article 10, DMM Case No. 20-F-0043. Your expert services will assist RPNCBC and this Firm in the application phase of the Article 10 proceeding.
RPNCBC and the firm desire your assistance in assessing the scope and methodology of any visual impact assessment (VIA) conducted by the applicant, assistance in interpreting the results of the VIA and other relevant sources of visual impact data, assist in quantifying the likely impact of proposed solar panels on the viewshed and community character, assistance in reviewing the adequacy of any avoidance or mitigation strategies proposed by the applicant, and assistance in recommending any additional visual impact mitigation that may be required.
The Firm anticipates you will review Exhibit 24 of the Application and all other documents relevant to visual impacts, assist in drafting a issues statement, review any pre-filed testimony submitted by the Applicant, assist attorneys in drafting and reviewing information requests, assist in the development of your own pre-filed testimony and rebuttal testimony, provide live testimony during cross examination if required, assist attorneys with developing issue briefs and reply briefs, and to potentially assist in any confidential settlement conferences between the parties to the above referenced proceedings that might occur.
It is our understanding that you will provide the expert services described above at the following rates and under the following conditions:
1. One on one phone calls (after initial call): $120/hr. 2. Document review, literature review, site visits, interviews, research, analysis, discovery, letters, reports, affidavits, preparation for oral or audio-video presentations, audio or audio-video conference calls: $120 per hour. 3. Depositions, court testimony, oral testimony: $120 per hour. 4. Travel: All applicable expenses for transportation, parking, meals, and lodging; air travel; rental car.
An itemized estimated budget for your work in enclosed to this letter and incorporated herein by reference. The Firm and its client, RPNCBC, acknowledge the costs of your services are estimated as $10,800.00 and that actual cost may be more or less than anticipated. Please be advised that no services should be rendered unless and until funds are awarded to RPNCBC for the Garnet Solar siting proceeding, or unless the Firm specifically approves the commencement of work prior to an award. Furthermore, no services exceeding the estimated cost of $10,800 may be rendered without prior approval of either the Firm or RPNCBC. A draft of this agreement will be filed publicly as part of RPNCBC’s request for intervenor funding. Finally, all communications between you and RPNCBC and/or the Firm are intended to be protected by the attorney-client privilege, and all other applicable privileges. As such, any reports, statements, documents, working papers, and/or other materials prepared for or related to the expert consulting services provided pursuant to this agreement shall not be disclosed to third-parties without the Firm’s or RPNCBC’s consent. The Firm will be your primary point of contact for this engagement. However, RPNCBC, and not the Firm, shall be ultimately responsible for paying your invoices. We look forward to working with you on this matter.
Be well,
Benjamin E. Wisniewski, Esq. READ AND AGREED TO THIS _____ day of August, 2021 ______________________________ Chad M. Wade
