Nixon Peabody Acknowledgement of Additional Clipper Problems

Dear Records Access Officer

On June 2, 2009, representatives of First Wind Energy, LLC (Michael Alvarez, President and Chief Operating Officer) and Clipper Windpower, Inc. ("Clipper")(Robert Gates, Senior Vice President, Commercial Operations), met with Staff of the Department of Public Service. During that meeting, we provided to Department Staff a presentation labelled "Confidential", providing an overview of the root cause analysis undertaken by Clipper regarding the blade skin crack, an update of the resolution relating to gearbox timing, structural blade remediation, as well as other data regarding Clipper's Liberty turbine. A copy of this document was left with members of Department Staff present at the meeting, including Steve Blow, Edward Schrom, Richard Quimby, Andrew Davis and James Austin. An electronic version of the document is attached.

Please accept this e-mail as a confirmatory request that this document be protected from disclosure as a confidential document. The information contained in this document is highly confidential, commercially sensitive information relating to equipment design and testing of major components of the Clipper Liberty turbine, including the turbine blades, the drivetrain, and other information which is protected by Clipper, the manufacturer. This information is not publicly available, and would, if disclosed, cause Clipper substantial competitive injury. As a result, we would ask that this information be treated as a trade secret or information which, if disclosed, could cause injury to Clipper's competitive position pursuant to Public Officer's Law Sections 87.2(d) and 89(5) and 16 NYCRR Section 6-1.

Thank you for your consideration in this matter, and please confirm receipt of this e-mail.

Please note new address effective June 23, 2008
Ruth E. Leistensnider, Esq.
Partner
Nixon Peabody LLP
677 Broadway, 10th Floor
Albany, New York 12207
Tel: (518) 427-2655
Fax: (866) 947-1299
Cell: (518) 461-3368
e-mail: RLeistensnider@nixonpeabody.com

NYS Source document http://documents.dps.state.ny.us/public/Common/ViewDoc.aspx?DocRefId={33FA561C-ACE8-4F21-BEB3-D6DBF37F4892}