Exemption Log Records Request of Annette Smith dated 7/6/99 VT Department of Public Service

I, Sarah Hofmann, as Special Counsel for the Department of Public Service hereby certify pursuant to 1 V.S.A. §318 that the following records are exempt from inspection for the reasons given.

Sarah Hofmann, Special Counsel

• Weekly Memos to the Governor from Richard P. Sedano for the following dates: 716199, 6122199, 6/1 5199, 612199, 5/1 7199, 411199, 3/1 3199, 2112199, 1 1124198, 1 1/1 6/98, 10/30/98, 9125198, 913198, 5115198. Exemption: 1 V.S.A. §317(c)(4) Executive Privilege
• Draft Response dated 5/11/99 from Governor to Annette Smith with copies to Richard Sedano and John Kassel. Exemption: 1 V.S.A. §317(c)(4) Executive Privilege
• Handwritten notes and attached typed and handwritten notes by Tom Dunn (DPS) of tasks and questions to answer in preparation for ultimate litigation written on a meeting agenda dated 3/31/99 of an internal Department meeting. The Agenda itself is not privileged and a copy is provided in the materials available for inspection. Exemption: I V.S.A. §31 7(c)(4) Work Product/Trial Preparation
• Memo dated 4/5/99 from Peg Elmer (C&CD) to Aaron Adler, Esq. (DPS) discussing work to be done in anticipation of litigation. Exemption: 1 V.S.A. §317(c)(4) Attorney/Client Privilege, Work Product/Trial Preparation
• Memo dated September 1, 1998 from attorney for DPS, Harvey Reiter, in Washington, DC to Tom Dunn regarding Gas Pipeline Certification Procedures. Exemption: 1 V.S.A. §31 7(c)(4) Attorney/Client Privilege
• Handwritten note by Sarah Hoffman, Esq. dated 5/11/99 of a conversation had with Bill Steinhurst (DPS) over potential modeling and witnesses for anticipated litigation. Exemption: 1 V.S.A. §31 7(c)(4) Attorney/Client Privilege, Work Product/Trial Preparation
• E-mail from Commissioner Sedano to Sarah Hofmann, Esq. reviewing issues brought up by citizen, including potential positions of the DPS, questions to be answered, and work to be done that would contribute to anticipated litigation. Exemption: 1 V.S.A. §317(c)(4) Attorney/Client Privilege, Work Product/Trial Preparation
• E-mail from Aaron Adler, Esq. To Sarah Hofmann, Esq. with responses from Ms. Hofmann to Mr. Adler dated May 3, 1999 regarding various legal issues/strategy. Exemption: 1 V.S.A. §31 7(c)(4) Attorney/Client Privilege
• E-mail from Aaron Adler, Esq. to Rob McIntyre (DPS) in response to McIntyre e-mail, all dated April 22, 1999. Mr. McIntyre was seeking legal advice as to issues that would be included in the anticipated litigation and work that potentially could be done to meet those issues. Exemption: 1 V~S.A. §317(c)(4) Attorney/Client Privilege, Work Product/Trial Preparation
• E-mail from Steve Sease (ANR) to Sarah Hofmann, Esq. and various state agency personnel dated May 6, 1999 involving cost estimates in anticipation of litigation. Exemption: 1 V.S.A. §31 7(c)(4) Work Product/Trial Preparation
• E-mail from Peg Elmer to Sarah Hoffman, Esq. dated May 20, 1999 regarding cost estimates with detail about the way the money would be used in anticipation of litigation. Exemption: 1 V.S.A. §31 7(c)(4) Work Product/Trial Preparation
• E-mail from Jeff Comstock (AG) to Sarah Hofmann, Esq. dated May 20, 1999 seeking legal advice on the language/intent of the proposed MOU. Exemption: 1 V.S.A. §317(c)(4) Attorney/Client Privilege
• E-mail from Sarah Hofmann, Esq. to Jeff Comstock dated May 20, 1999 responding to his e-mail seeking legal advice on the language/intent of the proposed MOU. Exemption: 1 V.S.A. §31 7(c)(4) Attorney/Client Privilege
• E-mail from Steve Sease to Sarah Hofmann, Esq. dated June 11, 1999 requesting legal advice and return e-mail dated June 14, 1999 with Ms. Hofmann's response. Exemption: 1 V.S.A. §31 7(c)(4) Attorney/Client Privilege, Work Product/Trial Preparation
• E-mail dated April 2, 1999 from Peg Elmer to Aaron Adler, Esq. and various other state agency personnel regarding the estimate of costs and what is planned for work in anticipation of litigation. Exemption: 1 V.S.A. §317(c)(4) Attorney/Client Privilege, Work Product/Trial Preparation. Note: This e-mail contained portions from e-mails Ms. Elmer received from Marc Blucher and Dean Pierce. These portions are in the materials available for Ms. Smith's inspection.
• E-mail dated June 28, 1999 to Rob McIntyre (DPS) with copies to Dave Lamont (DPS) and Sean Foley (DPS) from William Steinhurst (DPS), and a response from Rob McIntyre to Dr. Steinhurst dated June 29, 1999. Both communications deal with the Department's potential case
• Presentation and preparation in anticipation of litigation. Exemption: l V.S.A. §31 7(c)(4) \Work Product/Trial Preparation E-mail from Rob Mclntyre to William Steinhurst with copies to Dave Lamont and Sarah Hofmann dated May 7, l999 regarding the Department's preparation for anticipated litigation. Exemption: l V.S.A. §317(c)(4) Work Product/Trial Preparation
• E-mail dated May 12, 1999 from William Steinhurst to Rob McIntyre in response to an e-mail from Rob Mclntyre to Dr. Steinhurst dated May 11, 1999. Both communications were about the Department's plans for the modeling work as preparation in anticipation of litigation. Exemption: I V.S.A~ §317(c)(4) Work Product/Trial Preparation
• E-mail dated May l l, 1999 from William Steinhurst to Rob McIntyre discussing use of models in preparation of anticipated litigation. Exemption: l V.S.A. §317(c)(4) Work Product/Trial Preparation
• Proposal to Provide an Energy Analysis Model and Consulting Services to the Department from Systematic Solutions, lnc. dated June 3, 1999. This proposal outlines what the ENERGY 2020 model can do. That part of the report is provided in the material for review and is not considered exempt. However, the proposal also goes into detail as to the specifics of the work Systematic Solutions will do with the Department in preparation of anticipated litigation. This material is exempt and is withheld as follows: Exemption: l V.S.A. §317(c)(4) Work Product/Trial Preparation
• Schedule of Work - Contract with Systematic Solutions: This document details the work Systematic Solutions Inc. will be doing with and on behalf of the Department in preparation for anticipated litigation. Exemption: l V.S.A. §317(c)(4) Work Product/Trial Preparation
• E-mail dated June 7? 1999 to George Backus (Systematic Solutions) from Rob McIntyre and a reply email from Rob Mclntyre to George Backus with a cc to William Steinhurst. Both communications are detailing the work to be done with and on behalf of the Department in preparation for anticipated litigation. Exemption: l V.S.A. §317(c)(4) Work Product/Trial preparation Note: also contained in these e-mails is information on another project not within the records request presented. If these documents are ever determined not to be exempt, the portion not dealing with Ms. Smith's request will he redacted.
• Series of e-mails as follows: Rob Mclntyre to George Backus dated June 7, 1999; return e-mail from George Backus to Rob McIntyre with cc to Bill Steinhurst and Jeff Amlin (Systematic Solutions' Inc.) dated June 7, 1999; reply from Rob McIntyre to George Backus dated June 7, 1999; reply from George Backus to Rob McIntyre with cc to William Steinhurst dated June 8, 1999. All of these communications deal with the modeling that will be done in preparation for anticipated litigation. Exemption: 1 V.S.A. §317(c)(4) Work Product/Trial Preparation