February 13, 2018 Jake Zuckerman 1001 Virginia Street, East Charleston, WV 25301 Dear Mr. Zuckerman, The Office of the Governor received on February 6, 2018, your email, in which you requested, pursuant to the Freedom of Information Act W. Va. Code 2913-14, et seq, access to and copies of the following records: inbound and outbound emails from Bray Cary regarding state business, whether conducted via a state email account or a'personal account between the current date and Oct. 12, 2017. This office has completed its search for and review of the public records in its custody that fall within the scope of your request. Enclosed please find copies of the records that are responsive under FOIA. Please note that some of the records falling within the scope of your request contain certain ?advice, opinions, and recommendations,? which reflect the ?deliberative, decisionmaking process" of the Office of the Governor. The advice, Opinions, and recommendations are specifically exempt from disclosure under the deliberative process exemption within the ?internai memorandum or letters received or prepared by any public body? exemption to See W. Va. Code see' also Syl. Pt. 4, Daily Gazette Co., inc. v. West Virginia Development Office, 482 180 (W. Va. 1996). Your FOIA request is denied to the extent it implicates this category of records reflecting the deliberative, decision?making process of the Office of the Governor. The responsibilities of this office in connection with your request are now at an end. You are advised that FOIA affords you the opportunity to seek injunctive or declaratory relief in the Circuit Court of Kanawha' County, West Virginia. Please let us know if we can be of further assistance. The fee for reproducing the enclosed materials is hereby waived. Brian Abraham General Counsel State Capitol 1900 Kanawha Blvd, East, Charleston, WV 25305 1 (304) 558-2000 From: Shannon, Vicki Sent: Friday, February 9, 2018 1:31 PM To: Bickoff, Manda Subject: FW: Communities in Schools i Manda, Regarding the recent request, please see two emails below which referenced on our phone cali today. One sent to Bray Cary Dec. 22, 2017, i am copied on. The second email i sent to Michele Blatt, Donnie Adkins, Bray Cary and copied Dr. Paine. If you need further information, please advise. Vicki L. Shannon Director of the Governor?s Mansion Executive Assistant to First Lady Cathy Justice West Virginia Governor?s Mansion 1716 Kanawha Bouleyard, East Charleston, WV 25305 304-558?3588 (office) 304-558-0066 (fax) Emaii correspondence to and from this emai! address is subject to the West Virginia Freedom of Information Act and may be disciosed, in whoie or in part, to third parties by an authorized State official. It may also be priyiieged or otherwise protected by work product immunity or other iegal rules. Unauthorized disclosure of heaith, legally privileged, or otherwise confidential information, is prohibited by law. If you have received this email in error, please notify the sender immediately and delete ail records of this email. From: Shannon, Vicki Sent: Thursday, December 28, 2017 6:14 PM To: ?Micheie Blatt' Adkins, Donnie bcary@wymh.com Cc: Steve Paine Subject: RE: Communities in Schools Thank you for this, Michele. The First Lady and just chatted about "hitting the ground-running? come 2018 with her (35 initiative. Dr. Paine and you have been wonderful in championing this cause for the First Lady. The First Lady appreciates the good heip from the Governor?s staff, too. Thank you all. Vicki L. Shannon Director of the Go vernar?s Mansion Executive Assistant to First Lady Cathy Justice West Virginia Governor?s Mansion 1716 Kanawha Boulevard, East Charleston, wv 25305 304-558-3588 (office) 304-558-0066 (fax) Email correspondence to and from this email address is subject to the West Virginia Freedom of information Act and may be disclosed, in whole or in part, to third parties by an authorized State official. it may also be privileged or otherwise protected by work product immunity or other legal rules. Unauthorized disclosure of health, legally privileged, or otherwise co nfidentiai information, is prohibited by law. If you have received this email in error, please notify the sender immediately and delete all records of this email. From: Michele Blatt Sent: Friday, December 22, 2017 3:15 PM To: Adkins, Donnie bcary@wvmh.com Cc: Steve Paine Shannon, Vicki Subject: Communities in Schools Good afternoon Mr. Cary, I am following up on our discussion with Dr. Paine with some details regarding the Community in Schools initiative of the First Lady. a First Lady Justice was aware of the success of the program from her experiences in Greenbrier County Case-managed students in Greenbrler County had 67% improved attendance 80% improved academics 100% graduation 6 Expanding to McDowell County this year with support from the Governor?s Salary and WVDE money and resources in collaboration with Nelson Spencer, Superintendent of McDowell County Schools 9 Further expansion of Community in Schools to Wyoming County next year. Additional funding request through Secretary Hardy to include $400,000 in Governor?s FY 18 budget. Also met with Jim Denova of the Benedum Foundation to apply for $500,000 to expand to Wyoming and beyond. a initiative focuses on at-risk students and ensuring they have the supports needed, through mentorships, to be successful and graduate. If additional information is needed, please let me know. Thank you and Merry Christmas, Michele Blatt Assistant State Superintendent Division of Support and Accountability YE ESE 5?1! m1 or 1900 Kanawha Boulevard, East Charieston, WV 25305?0330 304.558.0200 304.558.6268 wvde.state.wv.us The information contained in this e-maii message may be confidentiai information, and may also be privileged. If you are not the intended recipient, any use, interference with, disclosure or copying of this material is unauthorized and prohibited. if you have received this message in error, piease notify us by return emaii and deiete the originai message. Adkins, Donnie From: Adkins, Donnie Sent: Monday, November 6, 2017 2:20 PM To: Burdette, Gary Cc: Caperton, Austin; bcary@wvmh.com Subject: RE: EC RCPP LETTER Attachments: 11-6 Chesapeake Bay Program Letterpdf All, Please find attached a copy of the Chesapeake Bay letter signed by the Governor. Also, we have a signed hard copy of the letter at our reception area out front addressed to Secretary Caperton ready for pick up. Thanks, Donnie From: Burdette, Gary - Sent: Monday, November 6, 2017 10:38 AM To: Adkins, Donnie Cc: Caperton, Austin Subject: EC RCPP LETTER Per Secretary Caperton?s text, I am attaching a letter for the Governor?s signature to Senator Van Hollen regarding support for the Chesapeake Bay Farm Bill Enhancements Act of 2017. Once signed, please scan and email back to me, and also send the original back to me via interdepartmental mail. Thank you. Gary C. DEP Executive Office (304) 926-0499, ext. 1545 (304) 926-0446 (fax) 410 Severn Avon LE6, 511 its 109 Annapolis, MD 21433 Phone: 1 BAY fax: {410) 267-577? Ci . eke Bay Program A. Watershed Partnership November 6, 2017 The Honorable Christopher Van Hollen, Jr. United States Senate 110 Hart Senate Office Bniiding Washington, DC 20510 Dear Senator Van Hoilen: We write to offer our for the Chesapeake Bav Farm Bill Enhancements Act of 20 1 7. Our farmers have been critical to the recent improvements in Chesapeake Bay water quality. Both dissolved oxygen and clarity of the waters is the best we have seen in decades. Programs offered by the US. Department of Agriculture (USDA) such as the Environmental Quality Incentives Program (EQIP), the Conservation Reserve Program (CRP), and the Regional Conservation Partnership Program (RCPP) provide critical ?nancial and technical assistance to the agricultural community and are vital to our efforts to clean up the Chesapeake Bay. Given the constructive feedback we have received from stakeholders, we believe the Regional Conservation Partnership Program (RCPP) would bene?t from some adjustments that would improve funding availability, build new partnerships and provide for adequate technical assistance. On behalf of the members of the Chesapeake Executive Council, we support your efforts and those of your cosponsors to improve the program by introducing the Chesapeake Bay Farm Bill Enhancements Act of 2017. This legisiation would amend RCPP in ways that would support agricultural efforts to implement the state Watershed Implementation Plans, intended to meet the shared water quality goals in the Chesapeake Bay region. We look forward to continuing to work with you on this legislation. Signed: For the State of Maryland (Executive Council Chair) For the Chesapeake Bay Commission For the State of Delaware For the District of Colombia For the Commonwealth of For the State of New York For the Commonwealth of Virginia For the State of West Virginia *0ne Chesapeake Executive Council member, the Environmental Protection Agency (EPA) Administrator on behalf of the United States, has not signed this letter. Federal law and practice prohibit federal of?cials ?om adopting advocacy statements contained herein. The EPA did not participate in the drafting of this letter and its contents do not indicate Agency Opposition to, or support for, any of the speci?c actions outlined in this letter. Adkins, Donnie From: Adkins, Donnie on behalf of Hall, Mike Sent: Tuesday, October 31, 2017 3:28 PM To: 'bcary@wvmh.com? Subject: FW: Microsoft White Space Issue From: Joe Parsons Sent: Tuesday, October 31, 2017 1:20 PM To: Hail, Mike Subject: Microsoft White Space Issue Mike, Hope you are doing well. i am writing to you asking you to urge the Governor to NOT sign onto the Microsoft White Space issue. As you are aware, this would not benefit West Virginia and they (Microsoft) are notorious for promising the. moon and not delivering. This could ultimately hurt broadcasters in our great state, so again, i ask you to urge Governor Justice to not sign on. Thank you for listening and thank you for your service to West Virginia. Joe Parsons President West Virginia Broadcasters Association Vice President GM MetroNews Networks 1111 Virginia Street East Charleston, WV 25301 (304) 346-7055 office (304) 741?1361 mobile {304) 346-8262 facsimile . if?iCE SF WELaffv?i-?i .PIKEWQDD diggimi mar-ire: #23; striations Adkins, Donnie From: Adkins, Donnie on behalf of Hall, Mike Sent: Monday, November 13, 2017 4:19 PM To: Rhodes, Pamela bcary@wvmh.com Subject: FW: Message from Attachments: From: Damron, Randy Sent: Monday, November 13, 2017 3:37 PM To: Hall, Mike Subject: FW: Message from Hello Chief Hall, The attachment includes a draft of the program, a letter from Tom Smith to Secretary Chao and Ohio Transportation Director Jerry Wray, along with the Communications department with Ohio DOT. The most important request is securing Governor Justice for the event and if you or he could reach out to Governor Kasich for his attendance. The city is planning a pre- reception before the event at the River Museum with the program attendees and city/ county leaders at 9:45 and a public reception after the event at Trinity United Methodist Church. They would like both you and the Governor to attend if possible. i will fill you in as plans progress, let me know if you have any questions. Thanks for the help, Randy From: 10956@wv.gov Sent: Monday, November 13, 2017 3:09 PM To: Damron, Randy Subject: Message from 11-7-17 program draft . 50th Anniversary Silver Bridge Remembrance Ceremony Welcome-Randy Damron WV DOT lnvocation- Mike Hall Chief of Staff Posting of Colors? WV National Guard I National Anthem-WV National Guard Evan Jenkins- United States Congress The Honorable Shelley Moore Capito-United States Senate The Honorable Joe Manchin United States Senate Edward Steven- West Virginia Division Administrator FHWA Remembering The Ones Lost- Mayor Brian Billings, Martha Feet, Ruth Fout Music? The Great Silver Bridge, Steve Chapman Tom Smith- Secretary West Virginia Department of Transportation The Honorable John Kasich- Governor of Ohio The Honorable Jim Justice- Governor of West Virginia The Honorable Elain Chao- US Secretary of Transportation Unveiling Muriel Rendering? Commissioner Doolittle, Mayor Billings Retiring of Colors- WV National Guard Benediction? James Keliy,Pastor Trinity United Methodist Church -. h, WEST VIRGINIA DEPARTMENT 0F TRANSPORTATION 1900 Kanawha Boulevard East - Building Five - Room 109 Jim Justice- Charteston, West Virginia 25305-0440 4' (304) 558-0444 Thomas J. Smith, P. E. Governor Cabinet Secretary November 1, 2817 Ms. Elaine L. .{Z'hao Secretary United States Department of Transportation 1200 New Jersey Avenue, Southeast Washington, District of Columbia 28596 Dear Secretary Chao: On December 15, 1967, the Silver Bridge in Point Pleasant, West Virginia, collapsed into the lOhio River, and 46 lives were lost that night. This was a terrible tragedy for Point Pleasant, West Virginia, for Gailipolis, Ohio, and for a number of surrounding communities. However, this horrific tragedy directiy led to the creation of the National Bridge Inspection Standards, a system that, no doubt, has saved hundreds of lives nationwide. This December will mark 59 years since the Silver Bridge disaster, and the signi?cance of this catastrophe and subseqoently the impact on our nation?s public safety are immeasurable. The West Virginia Department of Transportation will be hosting a memorial event on December 15, 2.017, at 11:00 to honor those lives that were test and recognize the signi?cance of the development of the bridge inspection program. While we understand. that your schedule is full and your time is valuable, we would be honored to have you speak at the memorial ceremony. Thank you for your time and consideration. if you have any questions concerning the event, please do not hesitate to contact myself or Ms. Sarah Runyon, P. E., at 304?558- 9443 or sarah.l.runyon@wv.gov. Best regards, Thomas J. Smith, P. E. Secretary of TransPortation/ Commissioner of Highways bcc: AC, CH, HO, 0M, DEXSR) geomeszamnve ACTION EMPLOYER I turn 9 WEST DEPARTMENT OF TRANSPORTATION 1900 Kanawha Boulevard East . Building Five - Room 109 Jim Justice Charleston, West Virginia 25305-0440 a (304) 558-0444 Thomas J. Smith, P. E. Governor Cabinet Secretary November 9, 20.17 Mr. Jerry Wray Director Ohio Department of Transportation 1980 West Broad Street Columbus, Ohio 43223 Dear Mr. Wray: On December 15, 1967, the Silver Bridge in Point Pleasant, West Virginia, collapsed into the ()hi0 River, and 46 lives were lost that night. This. was a terrible tragedy for Point Pleasant, West Virginia, for Gallipolis, Ohio, and for a number of surrounding communities. However, this horri?c tragedy directly led to the creation of the National Bridge Inspection Standards, a system that, no doubt, has saved hundreds of lives nationwide. This December will mark 50 years since the Silver Bridge disaster, and the signi?cance of this catastrophe and subsequently the impact on our nation?s public safety are immeasurable. The West Virginia Department of Transgaortation will be hosting a memorial event on December 15, 2017, at 11:00 to honor those lives that were lost and recognize the signi?cance of the development of the bridge inSpection program. While we understand that your schedule is full and your time is valuable, we would be honored to have you speak at the memorial ceremony. Thank you for your time and consideration. If you have any questions concerning the: event, please do not hesitate to contact myself or Ms. Sarah Runyon, P. E., at 304?558- 9443 or sarah.l.runyon@wv.gov. Best regards, Thomas J. Smith, P. E. Secretary of Transportation! Commissioner of Highways bcc: AC, CH, HO, 0M, ACTION EMPLOYER .. .- .. .. .. - .. . .. .. Also, Randy, here?s the contact information you request for-the Silver'Bridge ceremony next month. ODOT Director Jerry Wray/Terri Barnhart, executive assistant to the director ODOT Director of Communications Erica Hawkins - - Press Secretary Matt Bruning~ ~61? ?466- -6906(o) ODOT District 10 Deputy Director Daria Miller/Marianna Krone a mIrIistratiIre assistant to the deputy director 740 568- 3902 ODOT District 10 Public information Officer Ashiey Rittenhouse? 740- 568 3904 Office of Governbr John Kasich/Anna Hoarde, scheduiing assistant?? .. (This is the number i have, but I?m not sure if this is the right number for her. If you contact EriCa or Matt at ODOT, they can provide additional contact information too.) . Adkins, Donnie From: Adkins, Donnie Sent: Wednesday, October 25, 2017 9:40 AM To: Rhodes, Pamela 'bcary@wvmh.com' Subject: FW: Educator Award Ceremony Attachments: Governor Justice invitationpdf; MEA Fact Sheet 2017?18.pdf; West Virginia State Fact Sheet From: Pagliaro, Melanie A Sent: Wednesday, October 25, 2017 9:37 AM To: Adkins, Donnie Urling, Ann Cc: Hall, Mike Subject: FW: Educator Award Ceremony Good Morning: lam sharing this with you since the Chief is out of the office. Please let me know if you have any questions or if i can be of assistance. Thank you, Melanie From: Sarah Stewart lmailto:sa Sent: Wednesday, October 25, 2017 9:17 AM To: Pagliaro, Melanie A Subject: Educator Award Ceremony Hi Melanie, Would you please see that this invitation gets to the appropriate person in the Governor?s office? i believe Superintendent Paine has spoken with someone over there, but i wanted to make sure the Governor received a formal invitation with the details. Thanks! Sarah Sarah Stewart Director of Policy and Government Reiations Superintendent?s Office infest Virginia 3.900 Kanawha Bouievard, East Charleston, WV 25305-0330 304.558.3762 304.558.0048 wvdestatewmus I The information contained in this e-mail message may be confidentiai information, and may also be privileged. if you are not the intended recipient, any use, interference with, disclosure or copying of this materiai is unauthorized and prohibited. if you have received this message in error, please notify us by return email and delete the original message. 1900 Kanawha Boulevard, East, Building 6 Charieston, WV 25305 Steven L. Paine, State Superintendent of Schools wvde.state.m.tis October 23, 2017 The Honorable Jim Justice, Governor West Virginia State Capitol 1900 Kanawha Boulevard, East Charleston, WV 25305 Dear GovernorJusticez As an advocate for our state's schoolchildren and teachers, we know you share the West Virginia Department of Education?s commitment in recognizing the outstanding work of our K-?lz educators. For 30 years, the Milken Educator Awards an initiative of the Milken Family Foundation have rewarded and inspired excellence in the world of education by honoring top educators around the country with $25,000 unrestricted awards. Not an accolade for ?lifetime achievement? or the proverbial gold watch at the exit door, the Milken Educator Awards targets earty-to-mid career education professionals for their already impressive achievements and, more signi?cantly, for the promise of what they will accomplish in the future. West Virginia jointed the Milken Educator Awards program in 1990 and since that time, 70 West Virginia educators? have been the recipient of what Teacher magazines calls the ?Oscars of Teaching." While the celebrity treatment is well-deserved, the Awards aren?t about the glitz and glamour. They?re about bringing attention to these classroom heroes; serving at once as validation, motivation and inspiration to current and future quality educators. The message: We recognize you. We value you. We thank you. Each fall, selected outstanding professionals receive their awards in a surprise ceremony attended by education officials, students, peers, community leaders and the media. invite you to join me and representatives from the Milken Family Foundation, in making a surprise announcement to a West Virginia recipient in Win?eld (11883 Win?eld Road, Win?eld, WV 25213) at 10 am. on Monday, October 30, 2017. As part of the surprise awards presentation, we would invite you to comment about the importance of great educators and to publicly congratulate the recipient. i hope you will join me as we honor one of West Virginia's ?nest teachers. For questions about logistics, please contact Jessica Hall at iessica.hail@k12.wv.us. Sincerely, Steven L. Paine, Edi). State Superintendent of Schools iim instinct: 'i'iiumas it". Campbell tantrum?. Stale oi" \i?cst Virginia i?i?csiticm. \i?cst Virginia Board of Education About the Initiative: 0 The future eiongs to the educated MILKEN EDUCATOR AWARDS FACTS The Milken Family Foundation (MFF), headquartered in Santa Monica, California, presented the first Milken Educator Award 30 years ago in 1987. The initiative provides public recognition and unrestricted financial awards of $25,000 to outstanding teachers, principals and specialists who are furthering excellence in education. The Milken Educator Awards, coined the ?Oscars of Teaching? by Teacher magazine, alternates yearly between elementary and secondary educators. MFF has directed more than $138 million to the initiative, including awards and professional deveiopment opportunities. $68 million has specifically gone to individual financial prizes to more than 2,700 of America?s top educators. Recipients are selected in early to mid-career for what they have achieved and for the promise of what they will accomplish. Unlike most teacher recognition programs, the Milken Educator Award is completely unique: educators cannot apply for this recognition and do not even know they are under consideration. Candidates are sourced through a confidential selection process and then reviewed by blue ribbon panels appointed by state departments of education. Those most exceptional are recommended for the Award, with final approval by the Milken Family Foundation. Surprise notifications take place during schoolwide assemblies filled with students, colleagues, education officials, community leaders and media. Recipientsjoin the Milken Educator Network, a group of distinguished educators fostering effective leadership and education reform. Our motto is ?The future belongs to the educated.? Frequently Asked Questions: What-are the criteria for selection? a Exceptional educational talent as evidenced by effective instructional practices and student learning results in the classroom and school,- Exemplary educational accomplishments beyond the classroom that provide models of excellence for the profession; individuals whose contributions to education are largely unheralded yet worthy of the spotlight; Early to mid-career educators who offer strong long-range potential for professional and policy leadership; and Engaging and inspiring presence that motivates and impacts students, colleagues and the community. How are the Milken Awards announced? The main eiement is surprise! Each year, new recipients are taken completely by surprise at schooiwide assemblies. With an entourage of media and distinguished officials, an MFF representative along with the state chief of education typically notifies the recipient, often accompanied by the governor and other state and federal leaders. Are the recipients required to do anything specific with their monetary awards? Milken Educators may use their unrestricted $25,000 cash Awards however they wish. Are there other bene?ts associated with the Award? The initiative provides powerqu professional development oppOrtunities, such as networking with leading education stakeholders, for Milken Educators to impact education at local, state and national levels. New recipients are invited to join the Milken Educator Network, a group of more than 2,700 distinguished educators and leaders from across the country, whose expertise serves as a valuable resource to feilow educators, legislators, school boards and others shaping the future of education. Why does the initiative put such an emphasis on educator effectiveness? Recognizing and rewarding excellent educators has been a hallmark of the Milken Educator Awards. Due to the iack of opportunities for educators to thrive, more classroom teachers are leaving the profession and fewer young people are pursuing careers in teaching. The Milken Educator Awards aims to reverse this trend by focusing public attention on the need for able, caring and creative people to join the teaching profession in order to improve achievement for all students. What are other areas of interest for the Milken Family Foundation? The Milken Family Foundation was established by Michael and Lowell Milken in 1982 with the mission to discover and advance inventive and effective ways of helping people help themselves and those around them lead productive and satisfying lives. The means most conducive to achieving these goals is through education. in addition to the Milken Educator Awards, affiliated initiatives include the National Institute for Excellence in Teaching and the Lowell Milken Center for Unsung Heroes, among many. What is the best way to contact the Milken Educator Awards? For media inquiries: Sabrina Skacan, media reiations manager, sskacan@mff.org, office (310) 570?4773; cell (310) 989-5875 For general inquiries: Milken Family Foundation 1250 Fourth Street, Santa Monica, CA 90401-1353 Phone: (310) 570-4781, email: iennyieemeforg For more information, visit and connect with us on social media: Facebook: milkeneducatorawards Twitter: milken YouTube: milkenaward instagram: The Awards Na?onal No??ca?ons Key Statistics History Milken Family Founda?on Contacts The future beiongs to th educated MILKEN FAMILY FOUNDATION 2017-18 MILKEN EDUCATOR AWARDS FACT SHEET -- WEST VIRGINIA The Milken Educator Awards provide recognition and unrestricted ?nancial awards of $25,000 to exceptional elementary and secondary school teachers, principals, and specialists who are furthering excellence in our nation?s schools. This year, up to 45 of America?s finest educators will be honored. Each year exceptional educators?considered without their knowledge by a blue- ribbon panel appointed by each state?s department of education?are surprised with the news of their $25,000 Awards, which they can use in any way they choose. These announcements are made during emotional assemblies held at each recipient?s school, and are attended by students and peers, as well as federai, state and local of?cials, and the media. National West Virginia 0 Up to 45 recipients across 0 $25,000 to be awarded in West Virginia the country 0 ?l recipient in 2017-18 0 More than 2,700 recipients 72 recipients since program began in West since inception (including Virginia new recipients) a $1,825,000 awarded in West Virginia since a $68 million in awards since program began incep?on The Milken Educator Awards West Virginia joined the Milken Educator Awards were first presented by the program in 1990. Milken Family Foundation in 1987. The Milken Family Foundation (MFF) was established in 1982 to discover and advance inventive and effective ways of helping people help themselves and those around them lead productive and satisfying lives. MFF advances this mission through groundbreaking initiatives that elevate education in America and around the world. Jana Rausch Sabrina Skacan (310) 570-4774 (31 0) 570-4773 jrausch@niet.org sskacan@mff.org Adkins, Donnie From: Adkins, Donnie on behalf of Hali, Mike Sent: Wednesday, October 25 2017 8:30 AM To: com' Subject: FW: Road Bond Campaign Celebration October 30 at 3 PM Attachments: Road Bond Celebration invitationpdf From: Michael Clowser Sent: Tuesday, October 24, 2017 5:40 PM To: Antolini, Butch Smith, Thomas] Hall, Mike Cc: Hodges, Lorrie A Rhodes, Pamela Harry 'chamilton@wvcoal.com? Subject: Road Bond Campaign Celebration October 30 at 3 PM Chief/Butch/Mr. Secretary: Congratulations again on a great victory on the Roads to Prosperity bond amendment! It was a pleasure and honor working with you guys. WVBT is hosting a reception for those involved in the campaign, including contributors to the campaign. WVBT will take care of inviting them. Could you please distribute this to everyone on your respective staffs so they will know about it? Hopefully, all of you will all be available to attend. Chief, everyone would be honored if the Governor could attend. Please call if you have any questions or need additional information. We look forward to seeing everyone Monday! Thx. Mike Mike Clowser, Executive Director Contractors Association of West Virginia 2114 Kanawha Boulevard, East Charieston, West Virginia 25311 Phone: (304) 342-1166 Fax: (304) 3424074 I OIN US IN CELEB TING WEST VIRGINIANS FOR BETTER TRANSPORTATION CORDIALLY INVITES SUPPORTERS AND CONTRIBUTORS OF THE T0 PROSPERITY ROAD BOND TO A RECEPTION CELEBRATING THE SUCCESSFUL CAMPAIGN LEADING TO THE PASSAGE DATE: MONDAY, OCTOBER 30? 2017 3:00 PM 5:00 PM HERE: AT ARKET DRINKS AND HORS PLEASE SHARE WITH OTHERS IN YOUR ORGANIZATION WHO WORKED FOR THE AMENDMENT OR OTHER HIGHWAY FUNDING INITIATIVES Adkins, Donnie From: Sent: To: Subject: Attachments: Adkins, Donnie i. Wednesday, December 20, 2017 7:47 PM bcary@wvmh.com Fwd: WV industrial Rate Proposal 12-20?17 Final image001.gif; ATT00001.htm; WV Industrial Rate Proposai 12?20-17 Final.docx; ATT00002.htm; WV industrial Rate PrOposaI 12-20-17 Finaldocx; ATT00003.htm Sent from my iPhone Begin forwarded message: From: "Hopkins, Kris Date: December 20, 2017 at 6:38:48 PM EST To: "Adkins, Donnie Cc: "Jarrell, Joshua Subject: Fwd: WV Industrial Rate Proposal 12-20-17 Final Sent from a mobile device KRISTOPHER N. HOPKENS Executive Director West Virginia Development Office West Virginia Department of Commerce (304)558-2234 Kris.n.hopkins@wv.gov Begin forwarded message: From: "Browning, Debbie Date: December 20, 2017 at 5:00:44 PM EST To: "cbeam@aep.com" "medempsev@aep.com" ?shferguson@aep.com? Dianne Anderson "Bray Cary (bcarv@wvmh.coml" ?Jarrell, Joshua "Hopkins, Kris "Smith, Samantha" ?McLaughlin, Alex "ctbeam@aeb.com" "waallen@aep.com" ?White, Wesley "Brian Anderson Derrick Price Williamson "Thrasher, Subject: FW: WV industrial Rate Proposal 12?20?17 Final From: Gray, Sammy Sent: Wednesday, December 20, 2017 4:32 PM To: Browning, Debbie A Cc: Mikkelsen, Eileen M. Subject: WV Industrial Rate Proposal 12-20-17 Final Debbie, Attached is a joint document that Eileen Mikkelsen from FE will walk through during the 1pm meeting tomorrow. Thanks! Sammy Gray Director, State Affairs FirstEnergy 7 Greenbrier St, Charleston, WV 2531?! (304) 345-4695 of?ce (304) 550-5916 cell The information contained in this message is intended only for the personal and con?dential use of the recipient(s) named above. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby noti?ed that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately, and delete the original message. Page 1 of 1 1/17/2018 West Virginia Economic Development Proposal for Reduction of industrial Electric Rates At the request of Secretary of Commerce, Woody Thrasher, a team of utility representatives from FirstEnergy and AEP offer the following proposal for both short?term and long?term implementation to address the upward trend in industrial rates in West Virginia and provide proactive, targeted support for economic development in West Virginia. it is important from an economic development/retention perspective to have multiple ?tools in the tool box" that allow for nimble, targeted, strategic and timely responses as growth opportunities are identified. Eligibility for any of the economic development tools should be assessed against the ?but for? criteria, meaning that ?but for" the support from the economic development tool the project would not move forward in West Virginia. Extraction industries, because they are located or locating in West Virginia because of its natural resources, would not be eligible for economic development/retention support under this proposal. in the near term, there are several actions that could be implemented to assist economic development in West Virginia. Since the WV utilities are not similarly situated and economic development opportunities are varied, suggested actions may be appropriate for one utility but not another or in certain circumstances but not another. Nevertheless, with enabling legislation, there would be economic development tools available for, use across West Virginia. Please note all values contained herein are for illustrative purposes only. 1. Legislative amendment ?This amendment would clarify in statute the authority to utilize special contracts and/or tariffs and surcharges in order to foster economic development and to retain large sophisticated existing customers in West Virginia. The legislation would also mandate that the utilities providing service under these special contracts or tariffs recover the difference between the revenue that would otherwise have been collected under the approved tariffs and the revenues collected pursuant to the special contract and/or ta riff/surcharge (?delta revenue?). Delta revenue would be recovered through an automatic adjustable surcharge such as the ENEC and then, if necessary or applicable, rolled into base rates when the Company has its next base rate case. This amendment should be introduced at the onset of the 2018 legislative session to incent new industry expansion and retention in West Virginia by enabling implementation of special contracts and/or tariffs and assuring full and timely cost recovery for the utilities. (The utilities and industrials are working on a draft legislative amendment for use in the upcoming legislative session.) 2. Special Contracts Once legislation is enacted, the utilities will be more receptive to enter into special contracts Rule 39) with customers to support economic development and retention and there will beclear regulatory direction for approval of special contracts. The legislation will allow for review and approval of the accounting treatment prior to execution of these special contracts to reduce rates for electric service for economic development and retention purposes. Once approved, the customer would receive service under the terms of the special contract and the utility would fully and timely recover the associated delta revenue. Special contracts can be tailored to customer specific needs instead of creating a one-size-fits?all solution that may result in unnecessary discounts. Special Contracts may be suitable for large, sophisticated customers who are willing to accept more price risk associated with their electric service. For Committee Discussion Purposes Only a. Example 1 new customer/data center prospect: Assume WV was competing for a 100MW data center with an 85% load factor in a specific utility?s service area. The West Virginia Development Office of Commerce advises that an electric rate of $0.052 per is needed to effectively compete for the load and the existing tariff rate for this load would otherwise be approximately $0.06 per kWh. The utility would seek approval under a special contract rate for the prospect of $0.052 per with approval of full recovery of the associated delta revenue. Execution of the special contract would be contingent upon approval. Upon the utility receiving approval, the prospect could be offered the rate of 50.052 and if the data center elects to locate in WV they would execute the special contract and receive electric service at the special contract rate for the specified term. In this example, the delta revenue would be approximately per year which could be recovered fully and timely from all other customers or from certain classes of customers. Potential rate impact to other customers would be approximately b. Example 2 existing customer/load retention or expansion: An existing large customer could cause the risk of a significant reduction of load on the utility system because it is considering relocating outside of West Virginia or is competing within its corporate family for load expansion at a West Virginia facility versus another corporate facility in a different state. The WVDO/Department of Commerce advises that an electric rate of $0.052 per is needed to retain this load or support expansion of the load at that customer site and the existing ta riff rate for this load would otherwise be approximately $0.06 per kWh. The utility and the customer would enter into a special contract to provide a special contract rate for the prospect of $0.052 per with approval of full recovery of associated delta revenue. Execution of the special contract would be contingent upon approval. Upon approval, the customer would receive electric service at the special contract rate for the specified term. In this example, the delta revenue for a 100 MW load with a load factor of 85% would be approximately per year which would be recovered fully and timely from all other customers or from certain classes of customers. Potential rate impact to other customers would be approximately 3. Economic Development Tariff ?The utilities would work with the WV PSC staff, Department of Commerce and others to develop an economic development tariff for creation of new and/or retention of existing load greater than 10MWs), employment greater than XX new employees), average wage 150% of minimum wage) and/or capital investment (invested dollars greater than SXX). The eligibility criteria would be set forth in the tariff. All delta revenue associated with the ta riff would be fully recovered from other customers. a. Example 1 Eligibility could be based on predetermined new load levels, expansion of load for current customers, or retention of existing load above certain levels, new employment, capital investment above certain levels, or some other preestablished criteria. b. Example 2 Eligibility would be at the discretion of the Department of Commerce, excluding extraction industries. 1 1 Exhibit No.1: FirstEnergy proposal for Economic Development Tariff. For Committee Discussion Purposes Only 4. Interruptible or Demand Response Tariff: By June 1, 2018, the utilities would file for approval an optional tariff for customers who would elect to take interruptibIe/curtailable service in exchange for a credit on their electric bill. Participation in the tariff should be limited and each eligible customer KW would be credited at 5x per KW per month. Participating load would be subject to interruptions/curtallments called by PJM or the utility. Penalties would exist for failure to perform and the utilities would use best efforts to offer for sale the interruptible/curtailable demand response resources into the PJM capacity markets, or within an FRR plan, in a manner that does not create undue risk for the utility or its customers but could create revenue to offset the cost of the program. All costs incurred associated with this program would be recovered fully and timely from other customers, net of associated PJM sales revenues, through the ENEC. Estimated annual costs using an estimated credit of SS/kW/month (excluding PJM revenue offset) would be about $4.5 million. Participating customers credits vs PJM capacity payments: 2311:2313 "argue; 2323:2521 . Mimi-9:325:33? . . .. .. Net toad Price Preliminary Zena? 'Preiiminar?r zonai' End Zone"; Net after is: Encr Ne: Load Price Net Load Price LoadPrice Auction after BRA afterBRa enema saltwater 153.52 152,39 3 95,27 35.33 WMC?ps?i?f 5.. 55.65265 .s 32232-52:- 3232235.. .5 _.22=32292_ pit-=1 Based 22.5? . 2-92 5 2322 cases slaw-Mantra .s 533 5.33 .33 5.33 5. Identified Utility Rate Expert: Each utility would identify a resource that would be available to the Department of Commerce to advise on technical utility rate related matters. 6. Implement 3 Cost Based Green tariff: Each utility would make available renewable energy resources and or RECs to customers voluntarily electing such a supply option. 7. Advocate and Support for Approval of Pending Industrial Rate Reductions and the Elimination of Industrial Subsidies That May Exist for Residential or Commercial Rates. Implementation of the above recommendations will have an immediate positive impact in 2018 to improve existing industrial rates and to advance economic development within West Virginia. Having a near term impact allows the collective Commerce team to focus forward on attracting new industry and optimizing the shale gas opportunities of the region. In parallel to the implementation of the near-term proposal, there are longer term actions that should be explored to further assist economic development in West Virginia. 1. in future base rate cases, utilities could propose elimination of any industrial subsidies that may exist for residential or commercial rates. Utilities will work with WVDO to promote advanced manufacturing operations to potential developers. Assistance could include, but is not limited to, GIS mapping assistance to identify nexus of electric transmission voltage lines with available fiber optics, site identification, and site certification. For Committee Discussion Purposes Only 3. Utilities will provide a dedicated economic development representative who will work directly with shale?related companies. 4. FirstEnergy will be an active member and financial supporter of the Tri?State Shale Coalition. 5. First Energy will be an active member of the Tri?State infrastructure Council, helping to build out pipelines, storage, and other necessary infrastructure to support the development of an energy cluster that can compete against the Gulf Coast for investment opportunities. 6. Utility economic development staff will explore hosting educational meetings and will partner with other economic development organizations to support development of an energy economy in West Virginia. 7. Utilities will work with interested parties to reach mutually agreeable outcomes for cogeneration opportunities and file for approval under the special contract process. 8. Utilities will work with interested parties to explore if an opportunity exists for stand?alone blue sky microgrid/enterprise zone in West Virginia. For Committee Discussion Purposes Only Exhibit No. 1 Mon Power and Potomac Edison could agree to make available to the Department of Commerce up to 150MWs of generation from the Pleasants Power Station (contingent upon WV PSC and FERC approval of the pending capacity cases and closing of the transaction) for creation of new and/or retention of existing load with an assumed capacity factor equivalent to the class average load factor of Rate Schedules and PP. At least 75 MWs would be reserved to be used for new load. Service under the Economic Development tariff would be at a fixed bundled rate (including distribution, transmission, generation and surcharges excluding local taxes and optional services) at rates based on a customer?s annual load factor. Annual Load Factor Rite, Up to 40% $56 per Greater than 40% up to 60% $54 per Greater than 60% up to 80% $52 per Greater than 80% $50 per Dollars collected would be credited in the following priority order: 1) distribution and transmission charges and non-Pleasants related surcharges; 2) the Pleasants surcharge (or the equivalent value in base rates); and 3) the ENEC. For purposes of the economic development tariff only, a value will be deemed for distribution and transmission rates and non?Pleasants related surcharges. The Pleasants surcharge will be deemed to be equal to its approved value, whether as a separate surcharge or as part of base rates. All ENEC revenue shall be included in and reconciled annually as part of the ENEC. For Committee Discussion Purposes Only Adkins, Donnie From: Adkins, Donnie Sent: Friday, November 3, 2017 3:23 PM To: Hardy, Dave Cc: McVey, Allan bcary@wvmh.com Subject: RE: Meeting With Bray Cary I talked to Bray. Could we meet on Thursday, November 9th at 1:30? From: Hardy, Dave Sent: Friday, November 3, 2017 3:12 PM To: Adkins, Donnie Cc: McVey, Allan bcary@wvmh.Com Subject: RE: Meeting With Bray Cary Any time on Thursday 11/9 From: Adkins, Donnie Sent: Friday, November 3, 2017 2:52 PM To: Hardy, Dave Cc: McVey, Allan bcarv@wvmh.com Subject: RE: Meeting With Bray Cary I provided Bray with your e-mail. I?ve copied him on this e?mail. What would work best for you and Allan? From: Hardy, Dave Sent: Friday, November 3, 2017 1:45 PM To: Adkins, Donnie Cc: McVey, Allan Subject: Meeting With Bray Cary I spoke with Allan McVey. He and are available to meet with you and Bray any time after 1 pm on 11/8 and anytime on 11/9. Dave Hardy Secretary of Revenue West Virginia Department of Revenue 304658-0755 I The information contained in this communication may be con?dential, and is intended only for the use of the recipientls) named above. if the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication or any of its contents, is strictly prohibited. if you have received this message in error, piease return it to the sender immediately and delete the original message and any copy of it from your computer system. it you have any question about this message, please contact the sender. ?kins' Donnie From: Adkins, Donnie Sent: Friday, November 3, 2017 2:52 PM . To: Hardy, Dave Cc: McVey, Allan ?bcary@wvmh.com' Subject: RE: Meeting With Bray Cary I provided Bray with your e-mail. We copied him on this e?mail. What would work best for you and Allan? From: Hardy, Dave Sent: Friday, November 3, 2017 1:45 PM To: Adkins, Donnie Cc: McVey, Allan i. Subject: Meeting With Bray Cary spoke with Allan McVey. He and I are available to meet with you and Bray any time after 1 pm on 11/8 and anytime on I 11/9. Dave Hardy I Secretary of Revenue West Virginia Department of Revenue 304658-0755 Dave.Hardy@wv.gov The information contained in this communication may be con?dential, and is intended only for the use of the recipient(s) named above. if the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication or any of its contents, is strictly prohibited. If you have received this message in error, please return it to the sender immediately and deiete the originai message and any copy of it from your computer system. if you have any question about this message, piease contact the sender. Adkins, Donnie From: Adkins, Donnie on behalf of Hall, Mike Sent: Wednesday, November 8, 2017 11:46 AM To: bcary@wvmh.com Subject: FW: Interview Request for Austrian Documentary Fiim From: Amoroso, Lisa Sent: Wednesday, November 8, 2017 11:41 AM To: Antolini, Butch Rhodes, Kirsten Cc: Hall, Mike Subject: FW: interview Request for Austrian Documentary Film Hello I received this call today and ask Ms. Hardy to put her request in email form so i could send it to you Lisa From: Jane Hardy Sent: Wednesday, November 8, 2017 11:36 AM To: Amoroso, Lisa Subject: interview Request for Austrian Documentary Film Hello Lisa, It was a pleasure chatting with you a moment ago. My name is Jane Hardy, and i am a reporter working for ?Quo Vadis Veritas?, an Austrian journalistic platform which focuses on long?form news and documentary films. 5 am currently working on a documentary film on President Trump?s first year in office, and will be traveling to the States in December to interview Republicans and Trump supporters on how they feel the President has performed during his first year of presidency, whether he has followed through with his campaign promises, and whether he has put America on the road to becoming great again. One of President Trump?s campaign promises, was to ?put miners back to work? by repeaiing Obama-era regulations; a promise that he has We will therefore be traveling to West Virginia in order to report on the rebounding coal industry and would be to interview Mr. Justice on this matter. 1 can be contacted via this e?mail address and via phone: +43 664 385 5275 I very much iook forward to hearing back from you. Best, Jane Hardy ia ne Ha rdy Team TV +43 664 385 5275 Jane.hardy@gw.at Quo Vadis Veritas Redaktions Postfach 0037 1070 Wien httg?gwat Adkins, Donnie From: Sent: To: Cc: Subject: Bray i will traveling on Monday. Adkins, Donnie 1. Friday, December 8, 2017 9:13 AM Hailie Mason Foreman, Sherri Re: $250k imagine Academy Request We?ll call you whiie we?re on the road. Sent from my iPhone On Dec 8, 2017, at 9:09 AM, Hallie Mason wrote: Donnie and Bray, Good morning! I am following up to see if you received the request below sent on Tuesday. i understand the stop and start action of the budget process, and don?t want to miss a timely opportunity to speak to you. Thank you. Hallie S. Mason State Budget and Policy Consulting in West Virginia ConsultinoWV.com From: Hallie Mason Sent: Tuesday, December S, 2017 3:11 PM To: Donnie Adkins Bray Cary Subject: $250k imagine Academy Request Gentlemen, Per our call last week, i would like to take you up on your offer to meet about the information I dropped by the office on technology education. I hope we can meet prior to your finalization if the Governor?s proposed budget. This is a high priority to my client, so i can meet almost anytime. Thank you for your consideration. Hallie Mason Consulting State Policy Budget Consulting in WV 304.539.2742 Adkins, Donnie From: Bray Cary Sent: Friday, December 8, 2017 10:51 AM To: Hallie Mason Cc: Adkins, Donnie Foreman, Sherri Subject: imagine Academy Request lie lie Bray Cary West Virginia Media On Dec 8, 2017, at 10:50 AM, Hallie Mason wrote: Thank you. iwili be there! Hallie S. Mason State Budget and Policy Consuiting in West Virginia ConsultinoWV.com From: Bray Cary Sent: Friday, December 8, 2017 10:23 AM To: Mason Cc: Donnie Adkins Subject: Re: $250k imagine Academy Request Haliie i couid meet you today at 4:30 Bray Cary West Virginia Media On Dec 8, 2017, at 9:09 AM, Mason wrote: Donnie and Bray, Good morning! I am following up to see if you received the request below sent on Tuesday. i understand the stop and start action of the budget process, and don?t want to miss a timely opportunity to speak to you. Thank you. Hallie S. Mason State Budget and Policy Consulting in West Virginia ConsultinoWV.com From: Hallie Mason Sent: Tuesday, December 5, 2017 3:11 PM To: Donnie Adkins Bray Cary Subject: $250k Imagine Academy Request Gentlemen, Per our call last week, I would like to take you up on your offer to meet about the information i dropped by the office on technology education. 1 hope we can meet prior to your finalization if the Governor?s proposed budget. This is a high priority to my client, so i can meet almost anytime. Thank you for your consideration. Hallie Mason Consulting State Policy Budget Consulting in WV 304.539.2742