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

September 6, 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

September 6, 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 MACTEC (formerly Harding Lawson Associates) had asserted that its responses to the Requests for Proposals for the Standby Consulting Engineering Services for Investigation and Design and the Standby Consulting Engineering Services for Design and Construction ("RFPs") contained trade secrets and/or confidential business information. Accordingly, its responses were withheld at that time.

By letter dated August 30, 2005, MACTEC has provided the Department of Environmental Conservation ("Department") with redacted copies of its responses to the RFPs, removing information that MACTEC has determined to be trade secrets and/or confidential business information. Although the Department has not yet had the opportunity to evaluate MACTEC's claims as to those portions of the responses that MACTEC has indicated should be withheld, the Department will make available at this time the redacted responses which do not contain any MACTEC-claimed trade secret and/or confidential business information material.

Please contact Meta R. Murray, Esq. at (518) 402-9188 to schedule an appointment if you wish to review this material. If you would like copies, please contact Ms. Murray regarding photocopying arrangements.

Sincerely yours,

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

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