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FOIL Appeal Determination 2 for 05-04-0A (Joseph F. Castiglione)

August 24, 2005

New York State Department of Environmental Conservation
Assistant Commissioner
Office of Hearings and Mediation Services, 14th Floor
625 Broadway, Albany, New York 12233-1550
Phone: (518) 402-8537 FAX: (518) 402-9037
Website: www.dec.state.ny.us

August 24, 2005

Joseph F. Castiglione, Esq.
Young, Sommer . . . LLC
Executive Woods
5 Palisades Drive
Albany, New York 12205

Re: Freedom of Information Law ("FOIL") Appeal No. 05-04-0A

Dear Mr. Castiglione:

As you may recall, in our determination dated August 11, 2005 on the above-referenced FOIL appeal, I noted that the Department of Environmental Conservation ("Department") was awaiting clarification from LFR and Metcalf & Eddy as to whether those two companies were raising claims of trade secret or confidential business information with respect to their responses to the Requests for Proposals for Standby Consulting Engineering Services for Investigation and Design ("Investigation and Design RFP") and Standby Consulting Engineering Services for Design and Construction ("Design and Construction RFP").

Pursuant to Department inquiries, neither company raised claims of trade secret or confidential business information with respect to their responses. Accordingly, the response of LFR to the Investigation and Design RFP and Metcalf & Eddy to the Investigation and Design RFP and the Design and Construction RFP are being made available for your review pursuant to your FOIL appeal.

Please contact Meta R. Murray, Esq. at (518) 402-9188 to schedule an appointment if you wish to review these materials. If you would like copies, please contact Ms. Murray regarding a cost estimate.

Sincerely yours,


/s/
Louis A. Alexander
Assistant Commissioner

cc: Robert Freeman, Executive Director,
Committee on Open Government
Ruth Earl, Records Access Officer
Meta R. Murray, Esq., Associate Attorney
Shekhar Melkote, LFR
Steve Biuso, Metcalf & Eddy, Inc.

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