Lack of NYSERDA enforcement of the New York Sun Program rules with respect to the National Electric Code results in life endangerment and violation. Electrical failures reported to NYSERDA/PSEGLI associates has yet to be properly addressed for the benefit of our safety in Long Island, NY. NYSERDA also has yet to enforce the solar equipment's 10 year warranty as required by New York Sun Program Rules. Until NYSERDA President Barton initiates the appropriate investigation promised by her Deputy Counsel Keane on February 8, 2017, the facts below will remain posted. The careless and blatant disregard for our safety stands in stark contrast to the public service NYSERDA and PSEGLI associates are employed to protect. In the event a death occurs from lack of a NYSERDA investigation, the email below may serve to support prosecutorial initiatives launched against NYSERDA and PSEGLI. To: New York State Energy Research and Development Authority (NYSERDA) Alicia Barton, President and Chief Executive Officer 17 Columbia Circle Albany, NY 12203 Dear President Barton, Attached email shows NYSERDA sponsored contractor (aka Solar EU2 Llc/Solar Town Llc/Eastern Energy Systems Llc, of 7470 Sound Avenue, Mattituck, New York) required Ms. Franzetti to assist with recovering NYSERDA solar rebate before completing restoration or replacement of its 10 year warrantied solar generating equipment i.e. as per New York Sun Program rules. Until you initiate the appropriate investigation promised by your Deputy Counsel Keane on February 8, 2017, correspondence below will continue to be updated. Additionally, NYSERDA’s unsatisfactory response to the electrical failures and danger reported to NYSERDA/PSEGLI associates has yet to be properly addressed for the benefit of our public safety in Long Island. Sincerely, Nora Franzetti and Andrew Steinke From: Andy Steinke [mailto:harborprotection@***.com] Sent: Friday, November 2, 2018 6:13 PM To: 'Barton, Alicia (NYSERDA)' Subject: RE: NYSERDA solar installation at 25 Pocahontas Lane, Montauk, NY To: New York State Energy Research and Development Authority (NYSERDA) Alicia Barton, President and Chief Executive Officer 17 Columbia Circle Albany, NY 12203 Dear President Barton, NYSERDA’s consideration for a 3rd inspection was previously made in 2017 and has yet to occur, however the 2nd inspection of 2016 already confirmed the fraud surrounding this NY Sun Program solar installation. NYSERDA then promised an investigation after the 2nd inspection though we are still waiting for that to happen. Reneging on that NYSERDA investigation has likely enabled its installer and preferred state inspector to continue compromising others safety. Instead of NYSERDA attempting to discredit the NY Sun Program documentation, NYSERDA would better serve public safety by applying the NY Sun Program rules to the installer who broke requirements of the National Electric Code. As outlined in prior email, this NYSERDA installer was chosen from NYSERDA’s solar program website. The installer is a licensed electrician with the State of New York and contracted to install and warranty the solar electric system under the NY Sun Program. NYSERDA still lists that installer on its website as approved and in good standing. NYSERDA apparently believes it is ok for Mr. Jamie Minnick to install NYSERDA sponsored solar electric systems and represent itself under various names like Eastern Energy Systems, Repower, Solar Universe, E2SYS, or Element Energy Systems. Despite NYSERDA beliefs, the company installed the system with unlicensed and unsupervised employees who destroyed electrical appliances and could have burned the home. The systems manufacturer has for two (2) years continued to send trouble alerts documenting the poor operating condition of the installed solar equipment. The NYSERDA sponsored installer still waives responsibility toward the warranty until NYSERDA/PSEGLINY pays him the promised NY Sun Program solar incentive. It is clear NYSERDA/PSEGLINY do not care about our public safety with respect to the National Electric Code, however NYSERDA should at the very least, pay its installer the NYS Sun Program incentive and confirm the NYSERDA sponsored installer continues to honor its warranty required by the NY Sun Program. Sincerely, Nora Franzetti and Andrew Steinke From: Main, Sarah (NYSERDA) [mailto:Sarah.Main@***.ny.gov] Sent: Monday, October 15, 2018 11:02 AM To: harborprotection@***.com Cc: Keane, Pete R (NYSERDA) Subject: Solar PV System at 25 Talkhouse Lane, Montauk Dear Mr. Steinke, Please find the attached correspondence on behalf of my colleague, Mr. Keane. Physical copy to follow by mail. Sincerely, Sarah Main, Esq. Excelsior Fellow NYSERDA 17 Columbia Circle | Albany, NY 12203-**** P: 518-862-**** x 3609 | F: 518-862-**** | E: sarah.main@***.ny.gov nyserda.ny.gov follow : friend : connect with NYSERDA From: Andy Steinke [mailto:harborprotection@***.com] Sent: Wednesday, September 12, 2018 2:15 PM To: 'info@***.org'; 'info@***.org'; 'tips@***.com'; 'tips@***.com'; 'info@***.org'; 'letters@***.com'; 'aacosta@***.com'; 'opa@***.gov'; 'antitrust@***.gov'; 'secretary@***.gov'; 'info@***.org'; 'dmccaleb@***.org'; 'bfinkel@***.org'; 'press@***.org'; 'contact@***.org'; 'maritza@***.org'; 'media@***.org'; 'info@***.org'; 'support@***.org'; 'cnycitizenaction@***.com'; 'aianys@***.org'; 'office@***.org'; 'lwvny@***.org' Cc: 'Barton, Alicia (NYSERDA)'; 'john.vanvoris@***.ny.gov'; 'jbr@***.ny.gov'; 'Kendall, Jill R (NYSERDA)'; 'erda.sm.records.access.officer'; 'Keane, Pete R (NYSERDA)'; 'Office of Governor Andrew M Cuomo'; 'gov.cuomo@***.state.ny.us.'; 'nysconnects@***.gov'; 'IT Service Desk'; 'Lenihan, Kim A (NYSERDA)'; 'Mangione, Jason D (NYSERDA)'; 'Robert.Boerner@***.COM'; 'Linda.Cavalluzzi@***.COM'; 'John.Pratnicki@***.com'; 'Mace, Frank W (NYSERDA)'; 'Lynch, Thomas J (NYSERDA)'; norafranzetti@***.com Subject: NYSERDA solar installation at 25 Pocahontas Lane, Montauk, NY To: New York State Energy Research and Development Authority (NYSERDA) Alicia Barton, President and Chief Executive Officer 17 Columbia Circle Albany, NY 12203 Dear President Barton, This NYSERDA sponsored solar installation still remains non-functional since July 2016. Unsafe electrical violations have also been ignored by NYSERDA, PSEGLINY, and Eastern Energy Systems after the falsified electrical report was reviewed by the 2nd approved electrical inspector. Frank Mace of NYSERDA and Robert Boerner of PSEGLINY have yet to acknowledge these facts. Please advise when you will be addressing same in accordance with the NY-SUN program. Sincerely, Nora Franzetti and Andrew Steinke From: Andy Steinke [mailto:harborprotection@***.com] Sent: Friday, September 7, 2018 6:15 PM To: 'Barton, Alicia (NYSERDA)' Cc: 'john.vanvoris@***.ny.gov'; 'jbr@***.ny.gov'; 'Kendall, Jill R (NYSERDA)'; 'erda.sm.records.access.officer'; 'Keane, Pete R (NYSERDA)'; 'Office of Governor Andrew M Cuomo'; 'gov.cuomo@***.state.ny.us.'; 'nysconnects@***.gov'; 'IT Service Desk'; 'Lenihan, Kim A (NYSERDA)'; 'Mangione, Jason D (NYSERDA)'; 'Robert.Boerner@***.COM'; 'Linda.Cavalluzzi@***.COM'; 'John.Pratnicki@***.com'; 'Mace, Frank W (NYSERDA)'; 'Lynch, Thomas J (NYSERDA)'; norafranzetti@***.com Subject: NYSERDA solar installation at 25 Pocahontas Lane, Montauk, NY To: New York State Energy Research and Development Authority (NYSERDA) Alicia Barton, President and Chief Executive Officer 17 Columbia Circle Albany, NY 12203 Dear President Barton, Associates of New York State Energy Research and Development Authority (NYSERDA) and Public Service Enterprise Group Incorporated of Long Island, New York (PSEGLINY) ignored electrical violations and concern for our physical safety we reported over two years ago. Email below refers to proof that NYSERDA relied on a false report from a third party electrical inspector on behalf of the NYSERDA sponsored solar installer Eastern Energy Systems. Once proof of this negligent installer and its inspector were brought to the attention of NYSERDA and PSEGLINY, NYSERDA refused to enforce Sun Program rules in accordance with New York State and National Electric Codes. Lack of enforcement is a dereliction of public duty and threat to public safety. Although Ms. Franzetti removed the personal threat to our lives, NYSERDA associates and affiliates involved should also be removed from public office. Hopefully this occurs before the next Sun Program electrocution is determined to be a preventable death. To add insult to injury, attached is installer indicating NYSERDA is withholding the solar installation incentive which caused Eastern Energy Systems to disregard its contractual warranty obligation in accordance with Sun program rules. Unless NYSERDA and PSEGLINY correct their approach toward the economics of this solar installation, corresponding proof will be shared with consumer organizations dedicated to protect New York State consumers from NYSERDA’s gross negligence toward the public’s physical and economic safety. Sincerely, Nora Franzetti and Andrew Steinke From: Andy Steinke [mailto:harborprotection@***.com] Sent: Friday, June 1, 2018 1:25 PM To: 'Barton, Alicia (NYSERDA)' Cc: norafranzetti@***.com Subject: RE: FOIL Response 201*-103 Dear President Barton, Employees of the NYSERDA sponsored installer indicated it will no longer respond to its contractual obligation until NYSERDA makes certain the monetary solar incentive is paid. Please advise of the meeting date requested below and where you prefer to conduct same to resolve the incentive and electrical safety concerns brought to the attention of your NYSERDA associates in 2016. Sincerely, Andrew Steinke From: Andy Steinke [mailto:harborprotection@***.com] Sent: Monday, May 21, 2018 10:46 AM To: 'Barton, Alicia (NYSERDA)' Cc: norafranzetti@***.com Subject: RE: FOIL Response 201*-103 Dear President Barton, Your email last February 16, 2018 requested Mr. Lynch schedule a time to meet with Ms. Franzetti and I. We both look forward to that meeting with you. Please advise of your availability within the month of June 2018. Sincerely, Andrew Steinke From: Andy Steinke [mailto:harborprotection@***.com] Sent: Tuesday, April 10, 2018 3:08 PM To: 'Barton, Alicia (NYSERDA)' Cc: norafranzetti@***.com Subject: RE: FOIL Response 201*-103 Dear President Barton, Based on Attorney Keane understanding, NYSERDA is ignoring its obligation to protect the welfare of NY Sun solar program recipients. Mr. Keane refuses to place the solar installer on probation until the fraud and public safety violations are properly addressed and resolved. Mr. Keane’s blatant disregard for enacting the solar installer probation in accordance with NY Sun program rules and guidelines, will result in continued fraud and electrical violation. Ultimately, injury or death by electrocution or fire may also be the result for NYSERDA solar program recipients. Rather than Mr. Keane focusing on the unlicensed employees illegally installing electrical components of NYSERDA sponsored solar installations, Mr. Keane instead concerns himself with how these illegally licensed employees are identified under different Limited Liability Corporations (Llc’s). Regarding recovery of NYSERDA incentives, Mr. Keane indicates our solar installations related incentives were NYSERDA approved on June 1, 2016. Now after two years, Mr. Keane feels that applications were not completed correctly and has yet to offer a solution. As mentioned, Ms. Franzetti and I are willing to help with all concerns when you accept our offer to visit your office in Albany, or when you choose to visit this NYSERDA installation. Regards, Andrew Steinke From: Keane, Pete R (NYSERDA) [mailto:Pete.Keane@***.ny.gov] Sent: Monday, April 9, 2018 3:33 PM To: NORAFRANZETTI@***.com; harborprotection@***.com Subject: NYSERDA RE: Solar Project at 25 Talkhouse Lane Dear Mr. Steinke: I am advised that Mr. Steinke wrote to NYSERDA’s President and CEO, Alicia Barton, on February 5, 2018 regarding the solar photovoltaic project at the Four Oaks Motel, LLC located at 25 Talkhouse Lane, Montauk, New York (the “Project”). I write on President Barton’s behalf to respond to the concerns raised in his letter and that each of you have raised over the course of the last approximately 18 months. In your communication to Ms. Barton, I understand that you have requested “recovery” of $10,206 of program incentives that you say should be associated with the solar installation at Ms. Franzetti’s establishment. Before responding to your statements and requests, and given the number of interactions that have been had over the past 18 months on this topic, I would like to both recount the facts as we understand them and also describe the rules of NYSERDA’s NY-Sun program (Program). Our files indicate that an application for incentives regarding the Project was filed by Eastern Energy Systems (Eastern) on May 11, 2016, and was approved by NYSERDA on June 1, 2016. This application listed Nora Franzetti as the customer, who, we understand, is the owner of the subject property. Based on information provided by PSEG Long Island, the system received approval to operate on August 1, 2016. On July 29, 2016 Mr. Steinke contacted Frank Mace, a NY-Sun project manager. At that time, Mr. Steinke stated that the installation was done in an unsafe manner, and that the installing company had damaged or destroyed appliances. He also expressed concern about the installation of a backup generator.i Following that communication, our files include numerous e-mails On July 29, 2016 Mr. Steinke contacted Frank Mace, a NY-Sun project manager. At that time, Mr. Steinke stated that the installation was done in an unsafe manner, and that the installing company had damaged or destroyed appliances. He also expressed concern about the installation of a backup generator.i Following that communication, our files include numerous e-mails between Mr. Mace, employees of PSEG Long Island, and both of you regarding this matter and your complaints regarding the actions of the installer. I note that I personally e-mailed you offering to discuss this matter on both March 9 and 19, 2018. At the time of the Project Eastern was an eligible contractor under NY-Sun. However, the customer agreement provided to NYSERDA for the Project shows that a company called Solar Universe, not Eastern, actually installed the system. Solar Universe is not an eligible NY-Sun installer. Moreover, the application shows that Ms. Franzetti, the owner of the Project site, is the party named on the electric bills. But the copy of the agreement provided to NYSERDA indicates that at the time of execution Ms. Franzetti’s name was crossed out, by hand, and replaced with the firm, “Harbor Solar LLC,” which Mr. Steinke owns. Moreover, the customer name field was edited to remove Ms. Franzetti’s name and to replace it with Mr. Steinke’s name. Neither Mr. Steinke’s name nor “Harbor Solar, LLC” is listed on the PSEG Long Island electricity bill for the Project premises, and therefore neither qualifies as an eligible customer under NY-Sun program rules. The e-mail you sent to Mr. Mace on July 29, 2016 forwarding a July 26, 2017 e-mail from Andrew Monaco, indicates that you were made aware that the NY-Sun program rules required that in order to be eligible to receive an incentive, the agreement between the installer and customer must be with the utility customer, Ms. Franzetti. In summary, the original application to the Program was made by Eastern, an eligible program installer, naming Ms. Franzetti, the owner of the electric service at the property in question, as the customer. However, the ultimate agreement regarding the installation was apparently between Solar Universe, which is not an eligible installer under NY-Sun’s program rules, and Mr. Steinke’s LLC, “Harbor Solar,” which is not an eligible customer under program rules. As you know, NYSERDA administers the NY-Sun program, the program rules and guidelines of which are designed to protect both a customer that would like to install PV and the ratepayer dollars that fund the program. Among those rules are: (i) to be eligible to apply for and receive incentive payments associated with a particular project, and to ensure quality control and safety, the installing company must be a registered “eligible installer” or “eligible contractor” who has signed an agreement with NYSERDA governing their installation activities and otherwise requiring compliance with the Program guidelines and rules set forth therein; and (ii) the written agreement pursuant to which an incentive is paid must be between the eligible installer or contractor and the customer, who is defined as the owner or inhabitant of the structure or site at which the system is to be installed and the responsible party on the electric meter. In this case, neither of those essential criteria for the payment of an incentive is present. For a full description of the relevant NY-Sun program rules, please review them at Sections 1.2, 1.3 1.4, 5.10 and 5.11 of the NY-Sun Program Manual, which is enclosed. Moreover, as to your request that NYSERDA directly pay your LLC, even if the LLC were the owner or inhabitant of the subject property, the program would never pay any customer directly. NY-Sun program rules are clear that payments may only be made to the installer. This limitation is set by the NY-Sun Operating Plan, which is approved by the New York State Department of Public Service. The relevant Sections of the Operating Planii are sections 2.1.1. and 2.1.3. For this reason, we denied payment of the program incentives to Eastern, and have reviewed with them the Program rules and their responsibilities under their NY-Sun Agreement. We continue to monitor Eastern’s performance through our quality control program. As you know, and in light of the safety concerns you raised in your communications to NYSERDA and even though this installation was performed outside of the NY-Sun program, NYSERDA undertook a number of tasks to ensure the safety and performance of the Project. After Ms. Franzetti provided her consent, NYSERDA arranged and paid for a quality assurance inspection of the system. It is our understanding that any safety or code compliance issues at 25 Talkhouse Lane that may have existed, if any, were remedied, and that the premises are currently safe. That inspector determined that the PV system was properly installed, is interconnected with the electrical grid, and is producing energy. Furthermore, I want to be clear that we take very seriously concerns regarding workmanship. We have forwarded your complaint of property damage by Solar Universe to the Bureau of Consumer Frauds and Protection of the New York State Office of the Attorney General. It is our understanding that you or Ms. Franzetti contacted the Bureau, but that no formal complaint has yet been submitted. Once you submit a complaint regarding the performance of the contractor that installed the system, and that office completes their investigation, we will assess the question of what further actions, if any, might be taken with respect to the contractor Eastern Energy Systems by our program, based on the fact that a project for which they submitted an application was, in fact, performed by a different and ineligible party. I hope this explanation provides clarity with respect to these matters, which I understand have been the subject of long-standing discussion. With this letter, NYSERDA considers this matter resolved. Sincerely, Peter Keane Deputy General Counsel NYSERDA 518.862.1090, ext. 3366 From: Andy Steinke [mailto:harborprotection@***.com] Sent: Monday, March 19, 2018 11:29 AM To: 'Barton, Alicia (NYSERDA)' Cc: norafranzetti@***.com Subject: RE: FOIL Response 201*-103 Dear Ms. Barton, Below find email from Mr. Keane who you referred our NYSERDA sponsored solar installation. •The request to visit you was to share the confirmed fraud associated with the NYSERDA sponsored installer. •The same unlicensed employee who installed the solar project has recently visited in an attempt to remediate equipment which has been malfunctioning since 2016. •This is a portion of the original workmanship overlooked by NYSERDA, PSEGLI, and NYSERDA Electrical Inspector who refused to inspect known electrical failures. •Our electrician and a 3rd NYS licensed inspector confirmed our safety was compromised as a result of unlicensed employees installing electrical components. These are a few of the concerns shared below with NYSERDA representatives, PSEGLI representatives, past NYSERDA President, Senior NYSERDA Counsel, NYS AG, and NYS Governor. From the email below, we are waiting for Mr. Keane’s final investigative report. Upon receipt of the NYSERDA report, we renew our offer to visit and discuss the NYSERDA program rules and requirements which have been ignored. We do this in hopes of avoiding other public deaths by electrocution or fire in the home. Regards, Andrew Steinke From: Keane, Pete R (NYSERDA) [mailto:Pete.Keane@***.ny.gov] Sent: Monday, March 19, 2018 10:07 AM To: Andy Steinke Cc: Lynch, Thomas J (NYSERDA) Subject: RE: NYSERDA Mr. Steinke – renewing my offer to discuss this matter. Please feel free to contact me at your convenience. Thank you. Peter Keane Deputy General Counsel NYSERDA 518.862.1090, ext. 3366 From: Keane, Pete R (NYSERDA) Sent: Friday, March 09, 2018 3:15 PM To: 'Andy Steinke' Cc: Lynch, Thomas J (NYSERDA) Subject: NYSERDA Mr Steinke – let me know when you’d like to discuss the matter of the PV system. Thanks. Peter Keane Deputy General Counsel NYSERDA 518.862.1090, ext. 3366 From: Andy Steinke [mailto:harborprotection@***.com] Sent: Thursday, March 8, 2018 12:08 PM To: 'Barton, Alicia (NYSERDA)' Cc: norafranzetti@***.com Subject: RE: FOIL Response 201*-103 Dear Ms. Barton, Ms. Franzetti and I request an update as to when the NYSERDA incentive can be paid. Thank you, Andrew Steinke From: Barton, Alicia (NYSERDA) [mailto:Alicia.Barton@***.ny.gov] Sent: Friday, February 16, 2018 11:42 AM To: Andy Steinke Cc: Lynch, Thomas J (NYSERDA) Subject: RE: FOIL Response 201*-103 Dear Mr. Steinke and Ms. Franzetti: Thank you for your message and my apologies for the slow response. By this email I am asking my colleague Tom Lynch to be in touch to find a time for you to meet with NYSERDA staff to address your concerns. Tom will follow up with you directly. Thank you, Alicia Barton From: Andy Steinke [mailto:harborprotection@***.com] Sent: Monday, February 5, 2018 1:08 PM To: Barton, Alicia (NYSERDA) Cc: norafranzetti@***.com Subject: FW: FOIL Response 201*-103 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Dear Ms. Barton, I’m writing in regard to the NYSERDA incentive associated with the solar project installed for Nora Franzetti and I. Below email provides some of the experience we’ve had with the NYSERDA sponsored installer. Before inquiring any further into the investigation promised by NYSERDA Attorney Keane, we would like to recover the $10,206.00 program incentive. We would appreciate the opportunity to visit and discuss the matter. Please let us know of your preference. Thank you, Andrew Steinke and Nora Franzetti From: Andy Steinke [mailto:harborprotection@***.com] Sent: Wednesday, November 15, 2017 3:02 PM To: 'Pete.Keane@***.ny.gov' Cc: 'kim.lenihan@***.ny.gov'; 'Frank.Mace@***.ny.gov'; 'Robert.Boerner@***.COM'; 'John.VanVoris@***.ny.gov'; 'Jill.Kendall@***.ny.gov'; 'NORAFRANZETTI@***.com' Subject: RE: FOIL Response 201*-103 Dear Attorney Keane, Your September 8, 2017 mentions NYSERDA is prepared to ‘go forward’ but needed another electrical inspection of the installation. Now that a 3rd inspection has been completed, please advise status of NYSERDA complaint. Thank you, Andrew Steinke From: NORAFRANZETTI@***.com [mailto:NORAFRANZETTI@***.com] Sent: Monday, October 16, 2017 2:46 PM To: Pete.keane@***.ny.gov; kim.lenihan@***.ny.gov; harborprotection@***.com Cc: norafranzetti@***.com Subject: Solar Project at 25 Talkhouse Lane Mr. Keane, Ms. Lenihan I sent a package of information to Ms. Lenihan including some of the emails that I sent to the contractor Eastern Energy Systems, Inc (or as they sometimes go by RePower by Solar Universe) and even though the post office said it was delivered to the proper address (which I confirmed with Ms. Lenihan) she said she never received it. I reassured her that I had no problem in resending it but she wanted to wait for the inspection to be done (by a third party inspector) and then see what that inspector had to say. I know that there has been a lot of correspondence by Mr. Steinke regarding this matter as I felt it would be better to have one voice speak on the matter. But at this point I feel there are a few things I would like to say as the homeowner and the person who personally has been affected by what transpired during the installation of the solar system. Before the crew first arrived I was reassured that the Engineer would be on my property either the first and second day or the second and third day to walk the crew thru all the details that had been discussed and finalized and paid for before starting the project. When the crew arrived they were unsure of the installation specifications and the head man was constantly on the phone with what I thought might be the engineer, but at no time did the engineer ever step foot on my property. There were a lot of promises as to the amount of time it would take to install the entire project which went way over due partially because they did not have all the equipment available when they started (even though the project was finalized contract wise in May and not started until July 2016), complications they ran into that really raised my concerns, and then things that were in the contract which in the end the company decided either not to do or use the cheapest material they could find. All of that being said, the part that concerned me the most was when they were putting in the New Electrical Panel and had burned out several appliances and left me with an uncovered panel box for the evening because that was the only way I would have some power until they came back the next day to try and finish. When they came back the next day they were able to correct the problem and finish. I was extremely alarmed so I called my personal electrician who I have know and trusted for a very long time and he came and check out the set up and said there were some very dangerous things but he needed to have an inspector come and see and write up a report and then he could fix them or else he would be responsible for all the work that he did not do. After the episode with the appliances I was quite concerned about any further work being done by this company. So they had their inspector come to reassure me that this company knew what they were doing. Even thou I asked him at that time if he wanted to check out the circuit breaker box he said he only inspects when the job is finished. When he did come at the end of the job to do the inspection, even thou I asked him a couple of time do you want to see the circuit breaker box which they put in he said NO. He said he was only there to check solar panels, outside boxes and the generator. As for the Generator that was another issue! They installed it right under my dining room window. When they said they could hook it to the propane gas or I could get my gas company to hook it up I choose the latter. When my gas company representative arrived he told me that first the generator was supposed to be at least 5 feet away from any opening and that included the window. Also that there should be two trenches dug one for the gas line and one for the electric wires. Needless to say Eastern Energy Systems was not too happy that they had to now relocate the generator and dig another trench. Call me crazy but I would think that if these people do this all the time wouldn't they know what is required regarding a generator, etc. I was told at one point last year after project was completed, by one of the NYSERDA representatives, that I had NO RIGHT to bring in my own electrician before NYSERDA came to inspect it. Well I have been waiting from July 2016 until just now when you finally sent someone to inspect. In the meantime my house could have burned down or blew up!! You finally sent a Third Party Inspector (who was very pleasant by the way) to inspect something that has been corrected and in operation since last year, what did you really expect him to find?? I am thankful that I took matters into my own hands when I did but I have yet to be compensated for all my expenses that were caused by the company that still remains in business, even though they might be running under yet another new name... I also have a monitoring system called Solar Edge that sends warnings when something is wrong but they send the warnings to Mike Lawton at Eastern Energy Systems and it seems Mr. Lawton just ignores them. I have had to notify him several times about notifications I receive that they are supposed to act on. I just now have all the accounts on the Net Metering program which I gave to Eastern Energy Systems July 2016. After many telephone calls and emails to Mike Lawton for help in fixing this situation and finally turned me over to Billy Goode and when they finally sent me the final copy with all the accounts on it after months of waiting it was still incorrect. I was finally assisted by Dave Limbaugh of PSEG and as of today October 16, 2017 all the accounts are finally on and being credited!! If you need me to resend all the documentation that I sent to Kim Lenihan please let me know I would be more that happy to do so. I do hope you will consider all that I have been through. I can't believe that this is the way customers are supposed to be treated by everyone who has been made aware of my situation?! Thank you Nora Franzetti 25 Talkhouse Lane Montauk, NY 11954 631-553-**** cell 631-668-**** home From: Lenihan, Kim A (NYSERDA) [mailto:Kim.Lenihan@***.ny.gov] Sent: Wednesday, September 13, 2017 5:28 PM To: NORAFRANZETTI@***.com Cc: harborprotection@***.com Subject: RE: Inspection at Franzetti Residence 25 Talkhouse Lane Montauk, NY - Scheduled Oct 5 Good Afternoon Nora, NYSERDA has scheduled a field inspection for your solar installation on Thursday, Oct 5th at 10:30 am – 12:30 pm. Please confirm that this date/time works for you. Regards, Kim Kimberlie A. Lenihan Quality Assurance and Market Standards NYSERDA 17 Columbia Circle | Albany, NY 12203 P: 518-862-**** x3410 | F: 518-862-**** | E: Kim.Lenihan@***.ny.gov From: NORAFRANZETTI@***.com [mailto:NORAFRANZETTI@***.com] Sent: Wednesday, September 13, 2017 8:38 AM To: kim.lenihan@***.ny.gov Cc: harborprotection@***.com; norafranzetti@***.com Subject: Inspection at Franzetti Residence 25 Talkhouse Lane Montauk, NY Ms. Kimberlie Lenihan I have been instructed to contact you regarding an inspection of my home located at 25 Talkhouse Lane, Montauk, NY telephone # 631-553-****. Deputy General Counsel, Peter Keane (518-862-**** ext 3366) asked me to reach out to you in order to set up an inspection of my Solar System installation (PV system). You can reach me at 631-553-**** (cell) to set up a time that is convenient to you. Thank you Nora Franzetti 631-553-**** From: Keane, Pete R (NYSERDA) [mailto:Pete.Keane@***.ny.gov] Sent: Friday, September 8, 2017 2:07 PM To: Andy Steinke Cc: Lenihan, Kim A (NYSERDA); Mace, Frank W (NYSERDA); Robert.Boerner@***.COM; John.VanVoris@***.ny.gov; Kendall, Jill R (NYSERDA); NORAFRANZETTI@***.com Subject: RE: FOIL Response 201*-103 Mr. Steinke – attached is a letter I sent you on February 8 of this year. My understanding is that the property owner, Ms. Franzetti, never contacted NYSERDA regarding the scheduling of an inspection. The “inspection authorization” you may have provided in the past is not sufficient, as the inspector may need inside access to the building, and in any case will want to schedule a date and time. We’re still prepared to go forward, but need consent. I’m asking Kim to propose some dates and times that our inspector can accommodate. Peter Keane Deputy General Counsel NYSERDA 518.862.1090, ext. 3366 From: Andy Steinke [mailto:harborprotection@***.com] Sent: Friday, September 8, 2017 1:10 PM To: 'Pete.Keane@***.ny.gov' Cc: 'kim.lenihan@***.ny.gov'; 'Frank.Mace@***.ny.gov'; 'Robert.Boerner@***.COM'; 'John.VanVoris@***.ny.gov'; 'Jill.Kendall@***.ny.gov'; 'NORAFRANZETTI@***.com' Subject: RE: FOIL Response 201*-103 Dear Mr. Keane, Under the New York Freedom of Information Law, N.Y. Pub. Off. Law sec. 84 et seq., please provide name and email contact for the current President of NYSERDA. The New York Freedom of Information Law requires a response time of five business days. Thank you for your cooperation. Andy Steinke 25 Pocahontas Lane POB 436 Montauk, NY 11954 M508-961-**** From: Andy Steinke [mailto:harborprotection@***.com] Sent: Thursday, August 31, 2017 2:10 PM To: 'erda.sm.records.access.officer' Cc: 'kim.lenihan@***.ny.gov'; 'Frank.Mace@***.ny.gov'; 'Robert.Boerner@***.COM'; 'John.VanVoris@***.ny.gov'; 'jbr@***.ny.gov'; 'Jill.Kendall@***.ny.gov'; 'Pete.Keane@***.ny.gov'; 'NORAFRANZETTI@***.com' Subject: RE: FOIL Response 201*-103 Importance: High Dear Mr. Graven, Please advise whether the NYSERDA emails cc’d above are current, and the name of any new employee who may have replaced a position. Thank you, Andrew Steinke From: NORAFRANZETTI@***.com [mailto:NORAFRANZETTI@***.com] Sent: Saturday, August 26, 2017 7:15 PM To: Pete.Keane@***.ny.gov Cc: foil@***.ny.gov; kim.lenihan@***.ny.gov; Frank.Mace@***.ny.gov; Robert.Boerner@***.COM; harborprotection@***.com; John.VanVoris@***.ny.gov; jbr@***.ny.gov; Jill.Kendall@***.ny.gov Subject: Re: FOIL Response 201*-103 Attorney Keane, Your February 8, 2017 email references complaint against the installer. That complaint must be supported by the inspection report provided by the consulting firm you sub-contract. Ms. Lenihan kim.lenihan@***.ny.gov has the same inspection authorization I provided to Mr. Mace and Mr. Boerner last year during our phone conversation. The NYSERDA evaluation of remaining safety issues, proper installation, connection with PSEGLI, and energy production is appreciated. Once the inspection report is complete, the Bureau of Consumer Fraud will have the information required to address the property damage. Regards, Nora Franzetti In a message dated 5/24/2017 2:52:01 P.M. Eastern Daylight Time, harborprotection@***.com writes: Dear Mr. Van Voris, NYS Governor’s office has been unresponsive to below referenced public safety violation initially overlooked by NYSERDA and PSEGLI representatives. Despite NYSERDA’s Deputy General Counsel’s promises below dated February 8, 2017, there has been no further action by NYSERDA or its NYS Attorney General counterpart. NYSERDA and PSEGLI continue their indifference toward the below referenced solar project and normal electric safety protocol outlined in both the NYS solar installation program guide and the National Electric Code adopted in all 50 states. Fortunately, our federal government has made it clear through the Communications Decency Act that online freedom of speech is in full support of helping promote the use of legislated guidelines for public safety. In lieu of NYSERDA and PSEGLI ignoring the electrical safety inspection guidelines with regard to the below referenced solar installation, all inspection reports, email, and other public documentation to date will be considered for offer to the following consumer complaint websites: 1. http://www.complaints.com/ 2. https://www.pissedconsumer.com/ 3. http://www.ripoffreport.com/ 4. https://www.complaintsboard.com/ As understood through applied examples of the Communications Decency Act, internet web searches associated with any content from within the documentation will return the complaint to the inquiring public consumer within the first webpage search result. The sponsoring companies will then retain the first order complaint until a NYSERDA representative has inspected the installation on behalf of the installer it sponsors on the NYSERDA website. Should the NYS AG have further comment regarding NYSERDA’s internal approach to Section 7 of the NY-Sun program rules, please share with President John B. Rhodes et al. Regards, Andrew Steinke From: Andy Steinke [mailto:harborprotection@***.com] Sent: Wednesday, April 5, 2017 11:10 AM To: 'John VanVoris'; 'jbr@***.ny.gov'; 'Kendall, Jill R (NYSERDA)' Cc: 'erda.sm.records.access.officer'; 'Keane, Pete R (NYSERDA)'; 'norafranzetti@***.com' Subject: RE: FOIL Response 201*-103 Dear Mr. Van Voris, The NYS Governor’s office has confirmed receipt of attached email and it is expected the office will be successful in resolving this public safety matter with NYSERDA’s manager. Sincerely, Andrew Steinke From: Andy Steinke [mailto:harborprotection@***.com] Sent: Monday, March 20, 2017 5:12 PM To: 'gov.cuomo@***.state.ny.us.'; 'John VanVoris'; 'jbr@***.ny.gov'; 'Kendall, Jill R (NYSERDA)' Cc: 'erda.sm.records.access.officer'; 'Keane, Pete R (NYSERDA)'; 'norafranzetti@***.com' Subject: RE: FOIL Response 201*-103 To the Honorable Governor Cuomo, Associates in the offices of New York State Attorneys General (NYS AG), New York State Energy Research and Development Authority (NYSERDA), and Public Service Electric & Gas of Long Island (PSEGLI), have been aware a NYSERDA sponsored contractor has installed a solar electrical system with dangerous violations since 2016. State associates are also aware the contractor’s affiliated electrical inspector refused to report the violations. NYSERDA General Counsel has inferred that violations may have been remedied at homeowner expense, however both contractor and inspector still continue to install and inspect solar systems unabated. NYSERDA solar program uses public funds to install these solar electric systems under the oversight of NYSERDA program manager Frank Mace and PSEGLI counterpart Robert Boerner. These two gentlemen and every state employee in email below have shared expertise surrounding the violations, however none have implemented the resolutions outlined within the NYSERDA solar program manual. Please advise. Sincerely, Andrew Steinke From: Andy Steinke [mailto:harborprotection@***.com] Sent: Friday, March 3, 2017 8:01 PM To: 'John VanVoris'; 'jbr@***.ny.gov'; 'Kendall, Jill R (NYSERDA)' Cc: 'erda.sm.records.access.officer'; 'Keane, Pete R (NYSERDA)'; 'norafranzetti@***.com' Subject: RE: FOIL Response 201*-103 Dear Mr. Van Voris, New York State relies on NYSERDA to administrate solar incentives. NYSERDA and affiliates coordinate so program sponsored installers keep public safety intact. NYSERDA President Rhodes contacted you regarding public safety violations overseen by NYSERDA, PSEGLI, the installer, and electrical inspectors. The Governor would want to know the nature of the NYSERDA email and why public safety has been compromised under state supervision. Please provide contact information for your liaison at the Governor’s office. Regards, Andrew Steinke From: John VanVoris [mailto:John.VanVoris@***.ny.gov] Sent: Friday, March 3, 2017 3:41 PM To: 'Andy Steinke' Subject: RE: FOIL Response 201*-103 Please find the attached complaint form. Best, John Van Voris Senior Consumer Frauds Representative Bureau of Consumer Frauds & Protection New York State Office of the Attorney GeneralThe Capitol |Albany, New York 12224 Tel: (518) 776-**** | Fax: (518) 915-**** | john.vanvoris@***.ny.gov | www.ag.ny.gov From: Andy Steinke [mailto:harborprotection@***.com] Sent: Friday, March 3, 2017 1:52 PM To: 'John VanVoris'; 'jbr@***.ny.gov'; 'Kendall, Jill R (NYSERDA)' Cc: 'erda.sm.records.access.officer'; 'Keane, Pete R (NYSERDA)'; 'norafranzetti@***.com' Subject: RE: FOIL Response 201*-103 Dear Mr. Van Voris, The task NYSERDA President Rhodes requested of you is unclear. Please resurrect the email internally within the NYSAG records department or simply request he resend his email to all addresses above. Sincerely, Andrew Steinke From: John VanVoris [mailto:John.VanVoris@***.ny.gov] Sent: Friday, March 3, 2017 11:30 AM To: 'Andy Steinke'; jbr@***.ny.gov ; 'Kendall, Jill R (NYSERDA)' Cc: 'erda.sm.records.access.officer'; 'Keane, Pete R (NYSERDA)'; norafranzetti@***.com Subject: RE: FOIL Response 201*-103 Dear Mr. Steinke, I think that I’ve made my position clear that we can only be of help of you file a consumer complaint with my office. I don’t have anything else to add. Best, John Van Voris Senior Consumer Frauds Representative Bureau of Consumer Frauds & Protection New York State Office of the Attorney General The Capitol |Albany, New York 12224 Tel: (518) 776-**** | Fax: (518) 915-**** | john.vanvoris@***.ny.gov | www.ag.ny.gov From: Andy Steinke [mailto:harborprotection@***.com] Sent: Friday, March 03, 2017 11:27 AM To: John VanVoris ; jbr@***.ny.gov ; 'Kendall, Jill R (NYSERDA)' Cc: 'erda.sm.records.access.officer' ; 'Keane, Pete R (NYSERDA)' ; norafranzetti@***.com Subject: RE: FOIL Response 201*-103 Dear Mr. Van Voris, Below describes NYSERDA representative Mace and PSEGLI representative Boerner were made aware of the NYSERDA sponsored solar installer responsible for electrical violations. The installer was also affiliated with an electrical inspector who falsified the public safety inspection report. A second inspector requested by the homeowner’s electrician of 40 years verified the violations. All reports and documentation are currently held by NYSERDA and PSEGLI representatives. NYSERDA’s President Rhodes inquiry regarding the violation has merit. Please advise whether the NYSAG will coordinate the internal investigation with Ms. Lenihan, NYSERDA’s Manager of Standards and Quality Assurance. Sincerely, Andrew Steinke From: John VanVoris [mailto:John.VanVoris@***.ny.gov] Sent: Friday, March 3, 2017 9:12 AM To: 'Andy Steinke' Subject: RE: FOIL Response 201*-103 Sorry, but I didn’t save it. I sent you the complaint form instead. John Van Voris Senior Consumer Frauds Representative Bureau of Consumer Frauds & Protection New York State Office of the Attorney General The Capitol |Albany, New York 12224 Tel: (518) 776-**** | Fax: (518) 915-**** | john.vanvoris@***.ny.gov | www.ag.ny.gov From: Andy Steinke [mailto:harborprotection@***.com] Sent: Thursday, March 2, 2017 2:46 PM To: 'john.vanvoris@***.ny.gov'; 'jbr@***.ny.gov'; 'Kendall, Jill R (NYSERDA)' Cc: 'erda.sm.records.access.officer'; 'Keane, Pete R (NYSERDA)'; 'norafranzetti@***.com' Subject: RE: FOIL Response 201*-103 Dear Mr. Van Voris, I have not seen the email inquiry you received from NYSERDA, so in the spirit of the NYSERDA FOIL request, please forward. The basis for NYSERDA’s inquiry can also be found within below email as provided by NYSERDA records. If after reading you still believe inquiry from Deputy Counsel Keane has ended or has no merit, please share his email reply. Sincerely, Andrew Steinke From: John VanVoris [mailto:John.VanVoris@***.ny.gov] Sent: Thursday, March 2, 2017 2:16 PM To: 'Andy Steinke' Subject: RE: FOIL Response 201*-103 Until I get a complaint, I’ve got nothing to work on. NYSERDA contacted me to say there was an issue with your contractor that they can’t help with. That’s where it ended with them. If you want to file a complaint, I’d be happy to work on it. Until then, I don’t have a complainant to work on their behalf. Best, John Van Voris Senior Consumer Frauds Representative Bureau of Consumer Frauds & Protection New York State Office of the Attorney General The Capitol |Albany, New York 12224 Tel: (518) 776-**** | Fax: (518) 915-**** | john.vanvoris@***.ny.gov | www.ag.ny.gov From: Andy Steinke [mailto:harborprotection@***.com] Sent: Thursday, March 2, 2017 1:59 PM To: 'john.vanvoris@***.ny.gov'; 'jbr@***.ny.gov'; 'Kendall, Jill R (NYSERDA)' Cc: 'erda.sm.records.access.officer'; 'Keane, Pete R (NYSERDA)'; 'norafranzetti@***.com' Subject: RE: FOIL Response 201*-103 Dear Mr. Van Voris, Per NYSERDA Deputy Counsel Keane, the complaint originated on behalf of your brethren office of NYSERDA President Rhodes. NYSERDA believes it will take action in coordination with its own internal investigation as well as yours. If you choose to ignore his concern, please provide the contact info of a NYS AG representative who can respond appropriately on behalf of public safety. Sincerely, Andrew Steinke From: John VanVoris [mailto:John.VanVoris@***.ny.gov] Sent: Thursday, March 2, 2017 1:34 PM To: 'Andy Steinke' Subject: RE: FOIL Response 201*-103 OK, thanks. I won’t get involved until I receive a formal complaint. Best, John Van Voris Senior Consumer Frauds Representative Bureau of Consumer Frauds & Protection New York State Office of the Attorney General The Capitol |Albany, New York 12224 Tel: (518) 776-**** | Fax: (518) 915-**** | john.vanvoris@***.ny.gov | www.ag.ny.gov From: Andy Steinke [mailto:harborprotection@***.com] Sent: Thursday, March 2, 2017 1:12 PM To: john.vanvoris@***.ny.gov ; jbr@***.ny.gov ; 'Kendall, Jill R (NYSERDA)' Cc: 'erda.sm.records.access.officer'; 'Keane, Pete R (NYSERDA)'; norafranzetti@***.com Subject: RE: FOIL Response 201*-103 Importance: High Dear Mr. Van Voris, The workmanship issue is with the contractor chosen from the NYSERDA sponsored website. On behalf of NYSERDA President Rhodes, Deputy Counsel Keane indicates he has coordinated efforts with you at the NY State Attorney General office. Per email below, NYSERDA associate Frank Mace and PSEGLI associate Robert Boerner are quite familiar with questionable activity of the installer and its electrical inspector. The complaint should originate from either of these solar project managers made aware of the electrical violations last year. Per NYSERDA President Rhodes, Deputy General Counsel Keane has initiated internal investigation via NYSERDA associate Kimberlie Lenihan, Manager of Standards and Quality Assurance. The project remains unfinished and the three (3) Solaredge inverters installed last year continue to alert with production as well as electrical grounding deficiencies. Sincerely, Andrew Steinke From: CFA.Comp@***.ny.gov To: norafranzetti@***.com Sent: 2/8/2017 12:45:35 P.M. Eastern Standard Time Subj: Contractor Issue Dear Ms. Franzetti, A gentleman at NYSERDA reached out to our office regarding a workmanship issue that you may be having with a contractor. So that I can get a better sense of whether we can be of help, can you please print, and complete the attached complaint form? Please mail the completed form and any attachments to our office at the address on top of the form. Best wishes, John Van Voris Senior Consumer Frauds Representative Bureau of Consumer Frauds & Protection New York State Office of the Attorney General The Capitol |Albany, New York 12224 Tel: (518) 776-**** | Fax: (518) 915-**** | john.vanvoris@***.ny.gov | February 8, 2017 BY ELECTRONIC MAIL Andy Steinke 25 Pocahontas Lane POB 436 Montauk, New York 11945 Dear Mr. Steinke: I am advised that you have written to NYSERDA’s President and CEO, John B. Rhodes, regarding the solar photovoltaic (“PV”) project at 25 Talkhouse Lane, Montauk, New York. I write on President Rhodes’ behalf to respond to your concerns. First, we propose to schedule a quality assurance inspection of your PV project, to be performed by a consulting firm employed by NYSERDA, in accordance with section 7 of the NY-Sun program rules. We will, of course, need the consent of the property owner, Nora Franzetti, in order to do so. If acceptable to Ms. Franzetti, please have her contact Kimberlie Lenihan, Program Manager, Standards and Quality Assurance, at 518-862-**** ext. 3410 or kim.lenihan@***.ny.gov to schedule the inspection. Second, it is our understanding that any safety or code compliance issues at 25 Talkhouse Lane that may have existed have been remedied, and that the premises are currently safe. Our inspector will determine whether there are any remaining safety issues regarding the PV project, and will also verify that the PV system was properly installed, is interconnected with the electrical grid, and is producing energy. Third, regarding your complaint of property damage against Eastern Energy, we have forwarded the complaint to the Bureau of Consumer Frauds and Protection of the New York State Office of the Attorney General. The Bureau may contact you if they require any additional information. Once that office completes their investigation we will assess the question of what actions, if any, might be taken by our program. Sincerely, Peter Keane Deputy General Counsel 5.8.862.1090, ext. 3366 Pete.keane@***.ny.gov c. Nora Franzetti From: Andy Steinke [mailto:harborprotection@***.com] Sent: Monday, January 30, 2017 7:04 AM To: 'jbr@***.ny.gov'; 'Kendall, Jill R (NYSERDA)' Cc: 'erda.sm.records.access.officer'; 'Keane, Pete R (NYSERDA)'; 'norafranzetti@***.com' Subject: RE: FOIL Response 201*-103 Dear President Rhodes, Below find electric utility customer concern shared directly with Mr. Mace of NYSERDA and Mr. Boerner of PSEGLI. In fact, the public safety issue remains ignored by all NYSERDA associates who’ve subsequently been made aware of the incident. Ongoing complacency with regard to public safety and the falsified electrical inspection report submitted on behalf of the NYSERDA approved solar installer is unacceptable. General Counsel Shaw’s advice continues to delay investigation since a 2nd electrical inspector has confirmed the violations which initially left the PSEGLI customer in a state of fear for life. In the interest of public safety, please provide contact information for an authority qualified to conduct an independent evaluation of the NYSERDA sponsored project. Sincerely, Andrew Steinke From: Kendall, Jill R (NYSERDA) [mailto:Jill.Kendall@***.ny.gov] Sent: Friday, January 27, 2017 4:42 PM To: 'Andy Steinke' Cc: erda.sm.records.access.officer; Keane, Pete R (NYSERDA) Subject: Correspondence from NYSERDA General Counsel Dear Mr. Steinke: Attached please find a letter from Noah Shaw, NYSERDA’s General Counsel, and its accompanying attachment. Sincerely, Jill Kendall Office Manager Counsel’s Office NYSERDA 17 Columbia Circle | Albany, NY 12203-**** P: 518-862-**** x 3321 | F: 518-862-**** | E: jill.kendall@***.ny.gov nyserda.ny.gov follow : friend : connect with NYSERDA From: Andy Steinke [mailto:harborprotection@***.com] Sent: Monday, January 23, 2017 9:55 PM To: 'Keane, Pete R (NYSERDA)'; 'erda.sm.records.access.officer' Cc: 'norafranzetti@***.com' Subject: RE: FOIL Response 201*-103 Dear Attorney Keane, As stated in below, NYSERDA associates have been negligent with regard to public safety by choosing to accept the falsified inspection report from the NYSERDA approved installer Eastern Energy Systems and its electrical inspector. Since you are now intercepting email on behalf of Officer Graven, please provide contact information for NYSERDA General Counsel. Thank you, Andrew Steinke From: Keane, Pete R (NYSERDA) [mailto:Pete.Keane@***.ny.gov] Sent: Monday, January 23, 2017 4:16 PM To: Andy Steinke; erda.sm.records.access.officer Cc: norafranzetti@***.com Subject: RE: FOIL Response 201*-103 Mr. Steinke – please call me at your convenience. I am not sure I understand what the outstanding issue is and thus don’t know how I can be of assistance. Thanks. Peter Keane Deputy General Counsel NYSERDA 518.862.1090, ext. 3366 From: Andy Steinke [mailto:harborprotection@***.com] Sent: Monday, January 23, 2017 2:23 PM To: 'erda.sm.records.access.officer' Cc: 'norafranzetti@***.com' Subject: RE: FOIL Response 201*-103 Dear Officer Graven, NYSERDA Records Department file documents do not support the complacency exhibited by associates Mr. Mace, PSEGLI’s Mr. Boerner, and now Deputy Counsel Keane. Please provide contact information for NYSERDA General Counsel. Thank you, Andrew Steinke From: Andy Steinke [mailto:harborprotection@***.com] Sent: Tuesday, January 17, 2017 7:38 AM To: 'Keane, Pete R (NYSERDA)'; 'erda.sm.records.access.officer' Cc: 'norafranzetti@***.com' Subject: RE: FOIL Response 201*-103 Dear Attorney Keane, In the interest of maintaining the updated NYSERDA records department file, please be sure to include all above email addresses. This NYSERDA sponsored project still remains non-functional with regard to monitoring solar electricity generated at the site since July 2016. Unsafe and deficient electrical conditions were also described to NYSERDA, PSEGLI, and installer associates before and after the falsified electrical inspection. Electrical violations confirmed by the 2nd electrical inspector have yet to be acknowledged by Frank Mace of NYSERDA and Robert Boerner of PSEGLI. Please advise when NYSERDA and PSEGLI will be canceling Eastern Energy Systems NY-SUN program affiliation and the license of the 1st electrical inspector. In the event NYSERDA and PSEGLI rely on external sources to investigate the falsified report and violations promulgated by Eastern Energy Systems and the electrical inspector, please provide contact information for the appropriate New York State authority. Sincerely, Andrew Steinke From: Keane, Pete R (NYSERDA) [mailto:Pete.Keane@***.ny.gov] Sent: Wednesday, December 28, 2016 9:58 AM To: harborprotection@***.com Subject: NYSERDA Mr. Steinke – please give me a call at your convenience. Thanks you. Peter Keane Deputy General Counsel NYSERDA 518.862.1090, ext. 3366 From: erda.sm.records.access.officer [mailto:foil@***.ny.gov] Sent: Tuesday, December 27, 2016 3:38 PM To: 'Andy Steinke' Cc: norafranzetti@***.com Subject: RE: FOIL Response 201*-103 Dear Mr. Steinke: By way of clarification, NYSERDA responded to the following requests: 1. All documents relied upon by NYSERDA in its eligibility determination. 2. All documents regarding the “NYSERDA safety inspection conducted by Eastern Energy Systems”. 3. All documents regarding the “NYSERDA evaluation of the deficient conditions Ms. Franzetti shared with [NYSERDA]”. NYSERDA produced all records in its possession in response to each of these requests in its response dated December 7, 2016. If this does not resolve your inquiry, you may submit a separate FOIL request for documents you have not already requested or an appeal regarding NYSERDA’s response to FOIL request 201*-103, in accordance with the instructions below. Sincerely, Sal Graven Records Access Officer NYSERDA 17 Columbia Circle | Albany, NY 12203-**** P: 518-862-**** x 3331 | F: 518-862-**** | E: foil@***.ny.gov nyserda.ny.gov follow : friend : connect with NYSERDA From: Andy Steinke [mailto:harborprotection@***.com] Sent: Monday, December 12, 2016 6:10 AM To: erda.sm.records.access.officer Cc: norafranzetti@***.com Subject: FW: FOIL Response 201*-103 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Dear Officer Graven, Thank you for sending NYSERDA FOIL response for NY-Sun application number 4594-9****. NYSERDA associate Mr. Frank Mace sent his Records Access Department a partial selection of documents and chosen only from those originating from the NYSERDA installer Eastern Energy Systems. Some are unauthorized, some show different value, however none suggest project ineligibility. Also, there is no FOIL response regarding the 1st NYSERDA inspector who ignored electrical violations. A 2nd inspector confirmed the electrical violations brought to attention of Mr. Frank Mace and his PSEGLI counterpart Robert Boerner, however NYSERDA/PSEGLI completely disregarded concern. Instead, Mr. Mace with Mr. Boerner suggested that a lawsuit be filed by PSEGLI customer Franzetti. According to NY-Sun program rule, public safety is of utmost concern and NYSERDA/PSEGLI have shown complete neglect of safety by offering a legal option versus investigation of 1st NYSERDA inspector. Violations ignored by the 1st NY State inspector, NYSERDA, PSEGLI, and the NYSERDA installer have yet to be acknowledged as requested within FOIL response. NYSERDA continues to ignore the dangerous electrical condition left with PSEGLI customer Franzetti, so the FOIL information is again requested. Below are concerns related to NYSERDA’s partial document response surrounding the NY-Sun incentive. 1. NYSERDA associate Mr. Frank Mace has yet to recognize ‘equality of knowledge’ and continuously imposes disadvantage and additional cost to NY-Sun incentive program, and applicant/taxpayer; 2. Relevancy of the incomplete, miscellaneous, and unexplained documents Mr. Mace provided NYSERDA Records Access Department in preparation for FOIL reply; 3. NYSERDA has the burden of proof and must instruct Mr. Mace to indicate which document(s) would substantiate project ineligibility in accordance with FOIL law; 4. Currently withheld NYSERDA correspondence between PSEGLI and NYSERDA installer Eastern Energy Systems; 5. Given the objectivity of NY-Sun program rules, the NY FOIL law supports disclosure of every communication between NYSERDA, PSEGLI, and NYSERDA installer; Mr. Mace has misunderstood FOIL law, so please advise when he will complete FOIL request with regard to NY-Sun incentive and investigation of electrical violations ignored by NYSERDA affiliates. Sincerely, Andy Steinke From: erda.sm.records.access.officer [mailto:foil@***.ny.gov] Sent: Wednesday, December 7, 2016 3:30 PM To: 'Andy Steinke' Subject: FOIL Response 201*-103 Dear Mr. Steinke: We are responding to your Freedom of Information Law (“FOIL”) request received November 30, 2016, for documents related to NY-Sun application number 4594-9****. Please find the responsive documents attached. If you believe this response improperly denies you access to records, you have the right to appeal within thirty (30) days. Please direct any appeal in writing to: John B. Rhodes President and CEO NYSERDA 17 Columbia Circle Albany, NY 12203 Please copy me on any such correspondence. If you have legal questions about this FOIL request, please feel free to contact Peter Black of our Counsel’s Office at (518) 862-****, extension 3609. If you have any other questions about these records, please do not hesitate to contact me. Sincerely, Sal Graven Records Access Officer NYSERDA 17 Columbia Circle | Albany, NY 12203-**** P: 518-862-**** x 3331 | F: 518-862-**** | E: foil@***.ny.gov nyserda.ny.gov follow : friend : connect with NYSERDA _____ From: Andy Steinke [mailto:harborprotection@***.com] Sent: Wednesday, November 30, 2016 1:44 PM To: Mace, Frank W (NYSERDA) Cc: Mangione, Jason D (NYSERDA) ; Robert.Boerner@***.COM ; Linda.Cavalluzzi@***.COM ; John.Pratnicki@***.com ; Keane, Pete R (NYSERDA) Subject: RE: PV SUN INCENTIVE FORM APPLICATION #4594-9**** ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Dear Mr. Mace, Under the New York Freedom of Information Law, N.Y. Pub. Off. Law sec. 84 et seq., please provide all document(s) submitted by the contractor Eastern Energy Systems or any other entity NYSERDA is using to base the project as ineligible. Also include any document associated with the NYSERDA safety inspection conducted by Eastern Energy Systems as well as NYSERDA evaluation of the deficient conditions Ms. Franzetti shared with you. Further requested is the waiver of NYSERDA copying fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public understanding of NYSERDA/PSEGLI approach to safety. The New York Freedom of Information Law requires a response time of five business days. USPS address is provided below should NYSERDA require. Thank you for your cooperation. Andy Steinke 25 Pocahontas Lane POB 436 Montauk, NY 11954 M508-961-**** From: Mace, Frank W (NYSERDA) [mailto:Frank.Mace@***.ny.gov] Sent: Wednesday, November 30, 2016 12:08 PM To: Andy Steinke Cc: Mangione, Jason D (NYSERDA); Robert.Boerner@***.COM ; Linda.Cavalluzzi@***.COM ; John.Pratnicki@***.com ; Keane, Pete R (NYSERDA) Subject: RE: PV SUN INCENTIVE FORM APPLICATION #4594-9**** I’m not arguing with you, the project as submitted in not eligible for the program. You own the system and have contracted to sell the power to the customer via a PPA agreement. The term “contractor” is not limited to being a builder. I cannot approve this project at this time. Frank Mace Senior Project Manager NYSERDA 17 Columbia Circle | Albany, NY 12203-**** P: 518-862-**** x3433 | F: 518-862-**** | E: mailto:frank.mace@***.ny.gov nyserda.ny.gov follow : friend : connect with NYSERDA From: Andy Steinke [mailto:harborprotection@***.com] Sent: Wednesday, November 30, 2016 11:23 AM To: Mace, Frank W (NYSERDA) Cc: Mangione, Jason D (NYSERDA) ; Robert.Boerner@***.COM ; Linda.Cavalluzzi@***.COM ; John.Pratnicki@***.com ; Keane, Pete R (NYSERDA) Subject: RE: PV SUN INCENTIVE FORM APPLICATION #4594-9**** ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Dear Mr. Mace, Including Mr. Keane is appreciated and your reference to program is assumed to be found here - https://www.nyserda.ny.gov/-/media/NYSun/files/Residental-SC-Program-Manual. pdf. Contrary to below email indicating ‘The NY-Sun QA inspection could only be completed after the project is closed out, this is still an open project,’ Eastern Energy Systems appears to be subject to page 36, Section 7, Quality Assurance ‘NYSERDA QSC or its representatives may make a reasonable number of visits to the customer site before, during and/or after installation of a solar electric system.’ The NYSERDA safety report established by the first inspector and contractor closing out the project ignored the customer request to inspect the interior wiring after the appliances were destroyed. Despite NYSERDA option to inspect anytime, it now appears current focus is instead being placed on customer finance versus safety. Regarding PPA, Eastern Energy Systems only offered to combine NYSERDA incentive with customer funds. I am not now and have never been a contractor in any state, however Eastern Energy Systems did provide receipt to acknowledge installation. Since NYSERDA is looking for Eastern Energy Systems to provide a contractor application and documentation with their customer, please advise if NYSERDA has requested from contractor. Thank you – Andy Steinke From: Mace, Frank W (NYSERDA) [mailto:Frank.Mace@***.ny.gov] Sent: Wednesday, November 30, 2016 8:19 AM To: Andy Steinke Cc: Mangione, Jason D (NYSERDA); Robert.Boerner@***.COM ; Linda.Cavalluzzi@***.COM ; John.Pratnicki@***.com ; Keane, Pete R (NYSERDA) Subject: RE: PV SUN INCENTIVE FORM APPLICATION #4594-9**** Mr. Steinke I am coping Peter Keane our legal counsel for the NY-Sun program. I have explained the program and rules many times already. Ms. Franzetti contracted with your company under a PPA agreement for a PV system. Your company however is not an eligible contractor in the NY-Sun Program. Your company hired (subcontracted) an affiliate of Eastern Energy Systems to do the installation. Eastern Energy Systems is an eligible contractor, but has no contract with Ms. Franzetti. Your company is not eligible to represent the NY-Sun program and offer the customer an incentive. As you are the contractor of record to Ms. Frenetic you may be responsible for the damages, or collecting from your subcontractor. I’m not sure how NYSERDA or NY-Sun can help. The application as submitted misrepresented the relationship between the parties and circumvented the program rules and consumer protections. We have yet to cancel the application in the hope that you could resolve the situation with your subcontractor. The NY-Sun QA inspection could only be completed after the project is closed out, this is still an open project. Frank Mace Senior Project Manager NYSERDA 17 Columbia Circle | Albany, NY 12203-**** P: 518-862-**** x3433 | F: 518-862-**** | E: mailto:frank.mace@***.ny.gov nyserda.ny.gov follow : friend : connect with NYSERDA From: Andy Steinke [mailto:harborprotection@***.com] Sent: Tuesday, November 29, 2016 4:01 PM To: Mace, Frank W (NYSERDA) Cc: Mangione, Jason D (NYSERDA) ; Robert.Boerner@***.COM ; Linda.Cavalluzzi@***.COM ; John.Pratnicki@***.com Subject: RE: PV SUN INCENTIVE FORM APPLICATION #4594-9**** ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Dear Mr. Mace, Eastern Energy Systems hired an electrical inspector to close out the project July 2016. That NY licensed electrical inspector ignored Ms. Franzetti’s request to inspect the residence interior after she informed him of the appliances destroyed by Eastern Energy Systems during the solar installation. Ms. Franzetti had feared for her safety until a second inspector acknowledged the deficiencies to be corrected. This project was initiated with Eastern Energy Systems in accordance with the NYSERDA list of approved contractors and it’s certain that NYSERDA program documents support inspection of an installation at any time. It is uncertain whether Eastern Energy Systems contacted NYSERDA about the emergencies, however once Ms. Franzetti informed NYSERDA and PSEGLI of her experience, an inspection with Eastern Energy Systems would have thought to be in the interest of public safety. Eastern Energy Systems has yet to connect the solar system to the internet so the inverter manufacturer SolarEdge can monitor the individual solar panels as agreed. NYSERDA also has yet to indicate a reasonable timeline their approved contractor should complete this installation. Please advise who NYSERDA expects will provide the contract between Ms. Franzetti and Eastern Energy Systems, and the documents NYSERDA is currently comparing which do not indicate the relationship of the parties correctly. Looking forward to NYSERDA guidance. Thank you – Andy Steinke From: Mace, Frank W (NYSERDA) [mailto:Frank.Mace@***.ny.gov] Sent: Monday, November 28, 2016 8:21 AM To: Andy Steinke Cc: Mangione, Jason D (NYSERDA); Robert.Boerner@***.COM ; Linda.Cavalluzzi@***.COM ; John.Pratnicki@***.com Subject: RE: PV SUN INCENTIVE FORM APPLICATION #4594-9**** There will be no inspection until this becomes a completed project in our system. We have not been provided a contract between Ms. Franzetti and Eastern Energy Systems. To be eligible for participation in the NY Sun incentive program there must be a contract between the eligible contractor and the utility customer. The documents submitted with the application do not indicate the relationship of the parties correctly so we cannot close out the project. Frank Mace Senior Project Manager NYSERDA 17 Columbia Circle | Albany, NY 12203-**** P: 518-862-**** x3433 | F: 518-862-**** | E: mailto:frank.mace@***.ny.gov nyserda.ny.gov follow : friend : connect with NYSERDA From: Andy Steinke [mailto:harborprotection@***.com] Sent: Monday, November 21, 2016 5:48 PM To: Mace, Frank W (NYSERDA) Cc: Mangione, Jason D (NYSERDA) ; Robert.Boerner@***.COM ; Linda.Cavalluzzi@***.COM ; John.Pratnicki@***.com Subject: RE: PV SUN INCENTIVE FORM APPLICATION #4594-9**** Importance: High ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Dear Mr. Mace, First attachment is Ms. Franzetti’s October 2, 2016 damage invoices remaining unresolved since July 2016. Second attachment is complaint requested by PSEGLI though inspection has yet to be conducted by NYSERDA or PSEGLI as agreed. The project is still incomplete and the complacency associated continues to intimidate Ms. Franzetti. Please advise what date the site inspection will be conducted. Thank you – Andy Steinke From: Andy Steinke [mailto:harborprotection@***.com] Sent: Friday, July 29, 2016 10:16 AM To: 'frank.mace@***.ny.gov' Subject: PV SUN INCENTIVE FORM APPLICATION #4594-9**** Dear Mr. Mace, Per discussion, attached find contract and recent PV SUN incentive application 4594-6**** which you mentioned was replaced with #4594-9****. Eastern Energy’s unsupervised employee mistakenly connected 240 volt circuits to outlets at Franzetti residence and destroyed $1,500.00 of 120 volt appliances. In lieu of Eastern Energy refusal to reimburse Ms. Franzetti, I’ll reach out to East Hampton inspector to try and obtain contractor insurance certificate so she can resubmit bills. Ms. Franzetti also indicated electrical inspector has since approved system despite egregious design difference from what the Town of East Hampton permitted. Thank you – Andy Steinke M508-961-**** From: Andrew Monaco [mailto:amonaco@***.com] Sent: Tuesday, July 26, 2016 3:55 PM To: harborprotection Subject: Harbor Solar LLC She is the name on the bill. As far as NYSERDA & PSEG is concerned she is the necessary signature needed for anything pertaining to her electric account. T he owner mentioned on the form is the owner of the property and the person named on the bill so it was required that Nora sign this form. This in no way suggests that you are not the owner of the system. Any forms requiring your signature or pertaining to your direct ownership will be issued to you and only you for signautre. - Andrew Andrew Monaco Senior Sales Representative and Project Manager B.P.I. Field Technician REPOWER EAST END LI amonaco@***.com Office: 631.240.0999, Ext:109 Mobile: 631.697.1634 www.REPOWER.com On Jul 26, 2016 3:44 PM, "Andy Steinke" wrote: Andrew, NY-SUN form requires signature from the owner of system equipment identified. Ms. Franzetti is not the owner of the system and was not authorized to sign on my behalf.