Ellis County Commission Letter of Support for Disgen, Aug. 29, 2005

Here I have reproduced two key documents revealing the full extent of our previous County Commission's support for the wind energy project. They raise many interesting questions when considered in light of the current efforts by two of these same Commissioners to delay a decision on the project as long as possible. This delay effectively grants Iberdrola maximum opportunity to alter, remodel and repackage their sloppy application in the face of its imminent demise. These documents reveal the blind, unquestioning, and unconditional support granted to Disgen by Mr. Berens and Mr. Pfannenstiel while they were supposedly acting in Ellis County's best interests. The contents of the letter stand in stark contrast to many of these commissioners' more recent public and private communications to their constituents in which they have expressed (feigned?) concern about public health issues, loss of property values, etc.

The Letter:

Dale Osborn
President
Distributed Generation Systems, Inc.
200 Union Boulevard, Suite 304
Lakewood, Colorado 80228

Re: Proposed Ellis County Wind Energy Project

Dear Mr. Osborn:

On Monday, August 8, 2005 Mr. Eric Simons, Director of Business Development for Distributed Generation Systems, Inc. (Disgen) and Project Manager for the proposed Ellis County Wind Energy Project, presented Disgen's concept for this new wind farm at our regular weekly meeting.

From that presentation we understand that Disgen has been working on developing this project for the past two years, has entered into land agreements with numerous landowners for property amounting to almost 10,000 acres and has been gathering meteorological data for the past one and one half years. It is also our understanding that the wind data indicates that the project site, located directly west and south west of the City of Hays has an excellent wind resource and that as a result Disgen now wishes to pursue the actual construction of such a project depending on obtaining a contract to either sell the project itself or to sell the power from the project.

As the governing Board of Ellis County, we, the Ellis County Commissioners, are very interested in encouraging sustainable economic development that will benefit the citizens of our County. After hearing Mr. Simons' presentation it is our unanimous desire to express our support for Disgen's proposed wind farm to be built west and southwest of Hays. This support is offered regardless of whether the project is for the benefit of KCPL or Midwest Energy and regardless of size, as we also understand that the project can be anywhere from 50-200 megawatts. The Ellis County Commission will issue a Conditional Approval for the project within 30 days of successful contract award by Disgen, Inc. with the expectation that requirements identified in Attachment "A" and Attachment "B" will be provided as detailed. Final Approval will be issued by the Ellis County Commission within 14 days of compliance to Attachment "A" and Attachment "B" by Disgen, Inc.

We welcome your efforts in Ellis County and look forward to assisting you in bringing this wind energy project to fruition.

Sincerely,

Board of Ellis County Commissioners

(signed)
Dennis J. Pfannenstiel, Chairman
Vernon L. Berens, Member
Christopher S. Channell, Member

(ATTACHMENT "B")

ELLIS COUNTY
APPROVAL CONDITIONS
WIND ENERGY PROJECT
8-29-05

(ISSUES SPECIFIC TO WIND ENERGY PROJECTS)

Unless otherwise specified, the following information shall be provided no later than commencement of construction. When field or design conditions require significant change in project scope, submittal shall be made within 30 days of change.

1. Provide site plan that details location of existing structures, location of proposed structures (including towers /turbines and buildings), location of homes within 1/2 mile of proposed project boundary, location of commercial structures within the project boundaries, locati on of existing electrical transmission lines and facilities, location of existing utilities and casements within the project boundary, location of underground pipelines or underground utilities within the project boundary, and location of proposed electrical lines.
2. Information detailing the type, size, maximum and minimum height, rotor size, rotor material, color, rated power output, performance, safety, and noise characteristics of each proposed wind turbine model, tower, and electrical transmission equipment.
3. Provide a Phase One Environmental Screening Report as per industry standards. .4. Provide an accurate computer generated visual simulation from vantage points as
agreed to by developer and Ellis County staff.
5. Provide tower/turbine details that assure tower shall not be lattice-type or other design that provide perches.
6. Turbine blades shall have a minimum ground clearance of 4O feet, at the lowest point of rotation and calculated for all directions.
7. Tower shall be setback from public roadways a minimum of one times the tip height plus 75 feet from the road centerline.
8. Tower shall be setback a minimum of 1,000 feet from existing residences.
9. Tower shall be setback from existing overhead utilities a minimum of one times the tip height plus 40 feet.
10. Tower shall be setback from adjoining property not under lease by the developer for the wind energy project a minimum of 500 feet to the nearest tip of the rotor for property.
11. Electrical lines shall be installed underground, except for connection to transmission lines or factors related to culturally sensitive areas that dictate aboveground installation.