11 Energy@ · 2008. 4. 9. · internet - [email protected] April 9, 2008 Ms. Patricia...

Jim Wilcox, Manager, Government & Regulatory Affairs 500 West Russell Street P.O. Box 988 Sioux Falls, SD 57101-0988 Telephone (605) 339-8350 fax 612/573-9083 internet - [email protected]

April 9, 2008 Ms. Patricia Van Gerpen, Executive Director South Dakota Public Utilities Commission State Capitol Building 500 East Capitol Avenue Pierre, South Dakota 57501-5070 RE: EL05-023 “In the matter of the application of Xcel Energy for a construction permit to build 9.6 miles of the Split Rock to Lakefield Junction 345 kV transmission line and add facilities to the Split Rock Substation.” Dear Ms. Van Gerpen: Pursuant to SDCL 49-41B-38 enclosed, please find three indemnity bonds in favor of Minnehaha County, Red Rock Township and Brandon Township. If anyone has any questions, please call me at 339-8350 Sincerely,

Jim Wilcox

11 IcelEnergy@

LICENSE ORPERMIT BOND

Bond 190-006-361

LICENSE OR PERMIT BOND

KNOW ALL BY THESE PRESENTS, That we, NORTHERN STATES POWER COMPANY d/b/a XCEL ENERGY414 Nicollet Mall, 4th Floor - Minneapolis, MN 55401

as Principal, and the LIBERTY MUTUAL INSURANCE COMPANY , a Massachusetts corporation,as Surety, are held and firmly bound unto MINNEHAHA COUNTY - 415 N. Dakota Ave., Sioux Falls, SO 57104

, as Obligee,in the sum of Fifty Thousand and 00/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------------------------------------------------------- Dollars ($ 50,000.00 )

for which sum, well and tmly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly andseverally, firmly by these presents.

Signed and sealed this 26th day of February , 2008

THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has been or is about to be granted alicense or permit to do business as Right of Way/Construction Permit - Stipulation E105-<J23 - To Build 9.6 Miles of theby the Obligee. Split Rock to Lakefield Junction 345 kV TranmUssion Line and Add FaC1ht1es to the

Split Rock Substation

NOW, Therefore, if the Principal well and truly comply with applicable local ordinances, and conduct business in conformity therewith,then this obligation to be void; otherwise to remain in full force and effect.

PROVIDED, HOWEVER; 1. Thisbond shall continue in force:

D Until , , or until the date of expiration of any Continuation Cel1ificate

executed by the SuretyOR

~ Until canceled as herein provided.2 This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than thirty days

thereaflcr, liability hereunder shall terminate as to subsequent acts or omissions of the Principal.

NORTHERN STATES POWER COMPANY d/b/a&~1ESP~~c.>"\••••••• •• ,11'<!=':. XCELENERGY<t .. ",po~-i ..1>!#ioo ~..~ Principalir\SEAL!;'!

By ___'5iZ4 y~~/~~~" :<:'

~2000{)1.t1;;,'E·SO"\~ ~~~I/!A"/C.II! 4<>. vel"'" IJ rA.;:fT6K..-,

LIBERTY MUTUAL I!%URANCE COMPANY

~-Z~an~of!))

~~....I-Att0I11g-in-Fact

IS-0908/GEEF 10/99

2136397THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND,

This Power of Attorney limits the acts of those named herein. and they have no authority to bind the Company except In the manner and tothe extent herein stated.

LIBERTY MUTUAL INSURANCE COMPANYBOSTON,MASSACHUSETTS

POWER OF ATTORNEY

KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurancecompany, pursuant to and by authority of the By·law and Authorization hereinafter set forth, does hereby name, constitute and appoint

TIMOTHY J. WICKER, SUSAN M. VAN PROOYEN, ALL OF THE CITY OF MINNEAPOLIS, STATE OF MINNESOTA .

LIBERTY MUTUAL INSURANCE COMPANY

Bye=; , -4: 4/. a<{...5&1;-Garnet W. Elliott, Assistant Secretary

• each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on itsbehalf as surety and as its act and deed, anv and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceedingTWENTY FIVE MILLION AND 00/100ullluuu.......... DOLLARS ($ 25.000,000.00"·" ) each, and theexecution of such undertakings, bonds, recognizances and other surety obligations, In pursuance of these prese'nts, shall be as binding upon theCompany as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.

That this power is made and executed pursuant to and by authority of the following By*/aw and Authorization:

ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings_Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as thechairman or the president may prescribe, shall appoint such attorneys*in*fact, as may be necessary to act in behalf of the Company to make,execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Suchattorneys*in-fact, SUbject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by theirsignature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall beas binding as if signed by the president and attested by the secretary.

By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:

Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Uberty Mutual Insurance Company, is herebyauthorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge anddeliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Thai the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal ofliberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 7th day of _--"'M"a"y'--- _

2007

COMMONWEALTH OF PENNSYLVANIA 55

COUNTY OF MONTGOMERY

CERTIFICATE

,;...'tl<Jl

~c'iii::I.0,.,C..

=g~1,.,004>W

EeOc.=0<CM'0';':~'tl4>C;: ..°el1. ...~o.co-.._enOc,.,4>

On this..1!h....- day of May , 2007 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged :s ~

that he is an Assistant Secretary of Liberty MUlual Insurance Company; that he knows the seal of said corporation; and that he executed the above ~

Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. ~ .8IN TESTIMONY WH~ unto subscribed my name and aHixed my notarial seal at Plymouth Meeting, Pennsyfvania, on the day and year .s ~first above written. q;.: :\"ONW~ < e "!'

4j a-" <;. <; C01l.MONY/EA1.THOFPENNSYLVANIA A--... 11 ,~_ £:!~ "'S- Nctar1a15e.lI {/j. '\ ,1/ -I- ~ / - as

T~""""""" """'Y I'lb>o By -t~""'~::;=';:::';;:C:=~""":2.''2=--------- c •I.i~~·~':~:~~ Teresa Pastella, Notary Public 8~

0'"lJemI,lt,. P.nn'j1....fliA Auoetall.>n 01 rlollrl.. t- ,l.1<~t!svL~'<'.~"'~"%RY pU~V

I, the undersigned, Assistan ecretary of Uberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoingis a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed thesaid power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-In-fact as provided in ArticleXIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.

This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of thefollowing vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.

VOTED that the facsimile or mechanically reproduced signatllle of any assistant secretary of the company, wherever appearing upon acertified copy of any power of attorney issued by the compsi1y In conflection with surety bonds, shall be valid and binding upon the companywith the same force and effect as though manually affixed.

IN TESTIMONY WHEREOF....j baw hereunto subscribed my nam6 E'l1d affixed the corporate seal of the said company, thIs -,2"6=t-,,h~ day ofFebruary ,,,UUll ,

BY.4',z~~L..,?~:;;'~.,....,.,..". _Dav;

ACKNOWLEDGMENT BY SURETY

STATEOF MINNESOTA

County of HENNEPIN } ss.

On this 26th day of -'F"e"'h",r"-u"a=ry'-________ 2008, before me personally

appeared SUSAN M. VAN PROOYEN , known to, lI1e to be the Attorney-ill-Fact ofLiberty Mutual Insurance Company

.,,----c-___c---cC>-;,--,,~~-c----;-_._-,___c-,,-,_;_--;,__c_C>___c:____cc;_c___c:___;:_:c=__;__;:_:_------' the corporationthat executed the within instrument, and acknowledged to me that such corporation executed the same.

fN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day andyear in this certificate first above written.

(Seal)

S-0230/GEEF 10/99

Nota ublic in the State 0 MINNESOTACounty of HENNEPIN


Bond 190-017-576


KNOW ALL BY THESE PRESENTS, That we, Northern States Power Company d/b/a Xcel Energy414 Nicollet Mall, 4th Floor, Minneapolis, MN 55401

as Principal, and the Liberty Mutual Insurance Company , a :;:M-"a-"s-'-s"'ac-"h-"u'-'s-oe"tts=-=== _as Surety, are held and finnly bound unto Brandon Township, 47912 257th Street, Garretson, SO 57030

corporation,

-,----,---__-:-=----==-__-,------,-==:::- ' as Obligee,in the sum of Fifty Thousand and 00/100 - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 50,000.00 -)for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly andseverally, firmly by these presents.

Signed and sealed this __--=2.:.:n"'d day of ---'-A.:.cp::.ric.1 , 2008 .

THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has been or is about to be granted a

license or pennino do business as Right of Way/Const=tion Permit Sti pulat i on E105 023 To Buildby the Obligee. 9.6 Miles of the Split Rock to Lakefield Junction 345 kV Transmission

Line and Add Facilities to the Split Rock SubstationNOW, Therefore, if the Principal well and truly comply with applicable local ordinances, and conduct business in confonnity therewith,then this obligation to be void; otherwise to remain in full force and effect.

PROVIDED, HOWEVER; I. Thisbond shall continue in force:o Until _

executed by the Surety_ , or until the date of expiration of any Continuation Certificate

ORi2<:l Until canceled as herein provided.

2 This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than thirty daysthereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal.

Northern States Power Company d/b/a Xcel Energy

Liberty Mutual Insurance Company-'-----'----------

B£'l ,~SfhiD>d .Barrn \~Cynt a L. Hanak Attorney-m-Fact

S-0908/GEEF 10/99


STATE

OF Missouri }

City of ..:;S~t-'.:...:"'Lo"""-::::'--l::::I'--i,,-S~~~~~~~~~~~~~~~~= 55.

On this 2nd day of April , 2008 ,beforc mc personally-------- -------------

appeared Cynthia L. Hanak , Iulo\\ll to mc to be ule Attorncy-ill-Fact of------=--------------Liberty Mutual Insurance Company

-.-__--:-;--.-_-.---: -,----.-_-.--,----.-__-.-_~---__;_---~_._-'the corporationthat executed the within instrument, and acknowledged to me that such corporation executed the same.

IN \V1TNESS \VHEHEOF, I havc hcreunto set my halld alld anixed my official scal, at my onice in UIC aforesaidCOUllty, the day cUld year in this certilicatc first ahove wriUclI.

My Commissioll Expires: Octobcr 6, 2009

(Scal) . HEIDI A NOTHE/SENNOTAI7\' PUBUC - NOJMY SEAl.

~IAn ,Of MISSOURI, ~T LOUIS CITYMY CC '~','ISSIOI/ EXPIRES IO-06-()<J

r.c ,1MISS 0/1 #055J4.';82

AJ""O { .~( ute) .vL ttcc L\H,"Heidi A. NoulciscllNotal)' Public in ule State of MissouriCit)' of 51. Louis

S-0230IGEEF 2198

2029835THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and tothe extent herein staled.


POWER OF ATTORNEY

KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurancecompany, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, conSlitute and appoint

PAMELA A. BEELMAN, CYNTHIA L. HANAK, HEIDI A. NOTHEISEN, DEBRA C. SCHNEIDER, KAREN L. ROIDER,JOANN R. FRANK, ALL OF THE CITY OF ST. LOUIS, STATI: OF MISSOURJ... ..

. ...............................................................................................- - .


That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal ofLiberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 3rd day of _-'O""c"fo"b"e,,' _

2006

Bye --4: 4/- a<{~Garnet W. Ellio", Assistant Secretary

On this~ day of October , ..2QQ2. , before me, a Notary Public, personally came Garnet W. Elliott. to me known, and acknowledgedthat he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the abovePower of Attorney and affixed the corporate seai of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.

IN TESTIMONYWH6~ unto subscribed my name and affixed my notarial seal at Plymouth Meeling, Pennsylvania, on the day and yearfirst above written. <c- ~",ONWe:f <

4J o~ ~.;.; ~ COt,l.MON\'JEALnt OF PENNSYLVANIA . A--... '/1~ (I -S- ~<ocanaI Seal . {/I ~ '\ . V..f- ~ /

OF T'''...".,t.... f0.;oyPlblC Byi~":=;,:::;=.;=-"":'~"""2;'2'=---------~. ~"i: f.~J~·~~ Ter~saPastella,NotaryPublic

1'~~\.."~ ..f1 •.!.ItlT-t~I, p~/lIl,~~~1)Ia Anoa.ll!an 01 Not,If"CERTIFICATE -t;qF(y p\)'CV

I, the undersigned, Assistan Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoingIs a full, true and correct copy, is in full. force and effect on the date of this. certificate; and I do further certify tha.t the officer or official who executed thesaid power of attorney is an Assistant Secretary specially authorized by the chairman or the president to apP9int attorneys-in-fact as provided in ArticieXIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. .-

This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of thefollowing vote of the board of directors of Liberty MUluallnsurance Company at a meeting duly called and held on the 12th day of March, 1980.

VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon acertified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon (he companywith the same force and effect as though manually affixed.

COMMONWEALTH OF PENNSYLVANIA 5S

COUNTY OF MONTGOMERY

I each individually if there be more than one named. its "true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on itsbehalf as surety and as its act and deed, any and all undertakings, bonds,"recognizances ·and other surety obligations in the penal sum not exceedingFIFTY MILLION AND OO/100*uuuuuuuuu* - . DOLLARS ($ 50,OOO,OOO.00*u" ) each, and theexecution of such undertakings. bonds, re·cognizances..and other surety obligations,· in ·pursuance of these presents, shall be as binding upon theCompany as if they had been dUly signed by the president aod attested by the secretary pf the Company in their own proper persons.

That this power is made and executed pu-rsuant to and by authority of the.following By-law alJd Authorizati9.n:

ARTICLE XIII- Execulion of Contracts: Section 5. Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose In writing by the chairman or the president, and sUbject to such llmitalions as thechaIrman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Suchattorneys-In-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by theirsignature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall beas binding as if signed by the president and attested by the secretary.

By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact;

Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Uberty Mutual Insurance Company. is herebyauthorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge anddeliver as surety any and all undertakings. bonds, recognizances and other surety obligations.

-''iiioCo..'C •... rnc".. 3!..cC•.:-l!!.- ..'C::IeOlu ..-::I0~ .... >j:l...._::I,'tlc·-.. rnoe-:~.. 0

oSc ... ~..Olrn

"eOlCll1::0.5E .~3!0 ..-~'C>.:.=u.. e> ..-~o~zB

IN TESTIIylONY WHEREOF"I have hereunto subscribed my name and affixed the corporate seal of the said company, this -=2.::D:=d'- day ofApnl , ,,008 .

~


Bond 190-017-575


KNOW ALL BY THESE PRESENTS, That we, Northern States Power Company d/b/a Xcel Energy414 Nicollet Mall, 4th Floor, Minneapolis, MN 55401

as Principal, and the Liberty Mutual Insurance Company , a .cM.ca"s:;:-s-:;ac:::h.cu:.:s:;:-e.ctt::-s_---::=-==:--as Surety, are held and finnly bound unto Red Rock Township, 25913 485th Avenue, Valley Springs, SO 57068

corporation,

_,___-,--------,---=:~=--_,___-___:_=___::_=_---------------------------' as Obligee,in the sum of Fifty Thousand and 00/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 50,000.00 .Jfor which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly andseverally, firmly by these presents.

Signed and sealed this 2_n.cd day of ~A'_!Cp.cri_1 _ 2008 .

THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has been or is about to be granted alicense or permit to do business as Right of Way/Construction Permit - Stipulation E105-023 - To Build 9.6by the Obligee. Miles of the Split Rock to Lakefield Junction 345 kV Transmission Line

and Add Facilities to the Split Rock SubstationNOW, Therefore, if the Principal well and truly comply with applicable local ordinances, and conduct business in conformity therewith,then this obligation to be void; otherwise to remain in full force and effect.

PROVIDED, HOWEVER; J. Thisbond shall continue in force:D Until _

executed by the Surety_ __ , or until the date of expiration of any Continuation Certificate

OR~ Until canceled as herein provided.

2 This bond may he canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than thirty daysthereafter, liahility hereunder shall tenninate as to subsequent acts or omissions of the Principal.

Northern States Power Company d/b/a Xcel Energy

Liberty Mutuallnsurarlce Conc:'p"a'--n"-y _

s0-uceCL'c\\Q. d .\-\0SCClRCynt~ia L. Hanak Attorney-in-Fact

S-0908/GEEF 10199


STATE

OF !'I'lissouri }City of S-"-·t-"-.Lo=U:.:i:.:c

S'--------- 55.

--'-'--'=-=--------

On this __2_n_d day of I\--,p,--r_l_'1 _ 2008 , before me personally

appeared __-"Cyn="'t"'h=i"a_L=__H"'an=ak= , known to me to be the Attorney-in-Fact of

Liberty Mutual Insurance Company

, Lhc corporation

that executed the witJlin instrument, ,mel acknowledged to me that such corporation executed the same.

IN ,VITNESS \~'HEREOF, I have herewlto set my hand ami anixed my ollieial seal, al my olliee in the aloresaidCowtty, the day ;:UHI year in this cerLificalc first above written.

My Commission Expires: June 20. 20 to(Seal)

JoANN R. FRANKNOTARY PUBUC - NOTARY SEAl

STATE OF MISSOURI, ST. LOUIS CITYMY COMMISSION EXP1RES 06-20-10

COMMISSION #06395672

S-0230/GEEF 2/98

(b !2L~V R, 742flL~.~f.Afn R. FrankNo(;u,' Public in the Stale of MissouriCit)' of 51. Louis

2134333THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.

This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and tothe extent herein stated.


POWER OF ATTORNEY

KNOW ALL PERSONS BY THESE PRESENTS: That Uberty Mutual Insurance Company (the ·Company"), a Massachusetts stock insurancecompany, pursuant to and by authority of the By·law and Authorization hereinafter set forth, does hereby name. constitute and appoint

PAMELA A. BEELMAN, CYNTHIA L. HANAK, HEIDI A. NOTHEISEN, DEBRA C. SCHNEIDER, KAREN L. ROIDER,JOANN R. FRANK, ALL OF THE CITY OF ST. LOUIS, STATE OF MiSSOURI ........................................................................................................._ .


~'C

'"'"Cl)

"'iii:::l.c,.,"..

-"-0~1-,.,00Cl)W

EE,go.<C~-"0""~'C

Cl)";:: ..°Ea. ...~o.<:0-"-'"0",.,Cl)~Q)

:E~-Cl)g!.cCl)o.<:""-'"EO?~'"'-M-",",00u~

0<0I-~

BY~Tertsa Pastella, Notary PUbli~

On this~ day of May I 2007 1 before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledgedthat he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the abovePower of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.

IN TESTIMONY WH~ unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and yearfirst above written. ~ t-~ONW~4 <(' -

,41 ,,~ <~ 'V CQUMONWEALTHOFPENNSYlvANIAr- ...... No'.aMI $&.Ii

Teres.\ Pnst.Qla, Nd.aIYNicpt.l'mOO!hTwp.•M~Coo.rnyMyCor~8.+iJosMoJl.28.'gfJ~ ~'t

1<..-4'~L~1' fiCERTIFICATE ~~1lY pu~V

I, the undersigned, Assistan Secretary of Liberty Mutual Insurance Company, do hereby certify thai the original power of attorney of which the foregoingis a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed thesaid power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in ArticleXIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.

ByC4 4/_ a.(--5&fGarnet W. Elliott, Assistant Secretary

That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal ofLiberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 3rd day of _--"'M"a"y'--- _

2007

Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is herebyauthorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge anddeliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:

COMMONWEALTH OF PENNSYLVANIA 55COUNTY OF MONTGOMERY

, each individually if there be more than one named, its true and lawful attorney-i_n·fact to make, execute, seal, acknowl~dge and deliver, for and on itsbehalf as surety and as its acl and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceedingFIFTY MILLION AND OO/100uuuuuuu**uu DOLLARS ($ 50,OOO,OOO.00u*** . ) each, and theexecution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon theCompany as if they had been duly signed by the president _and attested by the secretary of the Compan¥ in their own proper persons.

That this power is made and executed pursuant to and by authority of thefo.llowing By-law and Authorization:

ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as thechairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Suchattorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by theirsignature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall beas binding as if signed by the president and attested by the secretary.

This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of thefollowing vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.

VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon acertified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the companywith the same force and effect as though manually affixed.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this __ 2nd day ofAprjl 2008 .

BY49~~~+'L.:~~..,--.,.,..,__· _Davi

11 Energy@ · 2008. 4. 9. · internet - [email protected] April 9, 2008 Ms. Patricia...

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