North Carolina General Assembly
LEGISLATIVE BUILDING
RALEIGH 27601

October I l, 2019

Via Hand Delivery

Governor Roy Cooper
20301 Mail Services Center
Raleigh, NC 27699

Dear Governor Cooper,

The independent oversight investigators retained by the North Carolina General Assembly
to look into the Atlantic Coast Pipeline permitting process have informed us that they have
nearly concluded their witness interviews.

The independent investigators have not yet spoken with you or your ollice despite multiple
calls and voicemails. Based on prior communications with your office, it is our
understanding that you have instructed some employees to not cooperate with the
independent oversight investigators.

The investigators have inform ed us that they wish to speak with you and other members of
your ollice, and we of course would like you to cooperate. We write to offer you three
options for cooperation:

1. Permit all Governor's Of?ce employees to speak with the independent oversight
investigators about their public duties in a setting with which the employees feel most
comfortable. We are open to working with your counsel on procedural details if you
wish.

 

2 . Select Governor's Of?ce employees to testify before the Subcommittee on the
Atlantic Coast Pipeline. We would prefer to hear from you directly, but if you
refuse, the Subcommittee would expect the Governor?s Office employee(s) you
designate to provide full and truthful answers. The Governor's Office employee(s)
you designate to testify should be able to speak about and answer questions
regarding: You and your office's participation in the ACP permitting process;
conversations between the Executive Branch, Duke Energy, and the solar industry
about the ACP permitting process, the nameplate capacity matter, and the $57. 8
million mitigation fund; and other relevant matters.

3. Do not permit any Governor's Office employees to speak on this matter. The
independent oversight investigators would complete their report using the large
volume of information already provided to them by other parties. Their report will
note that you refused to make available-publicly or privately-key employees who
played a major role in the alleged events. The legislature reserves its authority to
subpoena those individuals.

We believe these options provide you with considerable flexibility in determining the path
forward that best suits your preferences, if you choose to select Governor's Office
employees to testify at a public hearing, we anticipate that public hearing would take place
the week of November 4-, 2019. We await your reply.

Sincerely,



Senator Harry Brown

44%

Representative Dean Arp