News Release

For more information contact: Abbie Hodgson, 785-271-3269

May 22, 2009

KCC Approves Transmission Line Stipulation and Agreement

Topeka, KS- The Kansas Corporation Commission (KCC) today issued an order granting the joint motion to approve the stipulation and agreement filed March 25, 2009 by ITC Great Plains and Prairie Wind Transmission.

"After reviewing the evidence presented in support of the joint motion, the Commission concludes that the stipulation is reasonable and that approving it is in the public interest," the order read.

The Commission applied five factors in evaluating whether it was appropriate to approve the stipulation:

• Has each party had an opportunity to be heard on its reasons for opposing the settlement?
• Is the stipulation supported by substantial evidence in the record as a whole? Does the agreement conform to applicable law?
• Will the agreement result in just and reasonable rates?
• Are the results of the agreement in the public interest, including the interests of customers represented by any party not consenting to the agreement?

In October 2006, ITC submitted three applications to construct, own, operate, and maintain a high voltage transmission line in southwest Kansas. In May 2008, Prairie Wind filed a similar application. In December 2008, the Commission determined that it would consider the ITC and Prairie Wind applications concurrently and in two separate phases.

The stipulation presents an agreement on Phase I, in which ITC and Prairie Wind agree that both have established the qualifications needed to receive a certificate required to construct and operate the transmission lines proposed in their individual applications.

The parties remain in negotiation regarding a possible settlement of issues the Commission will need to decide in Phase II. These issues include whether the Commission should issue either party a certificate to construct the proposed projects and what conditions should be included in such a certificate if one is granted. Should ITC and Prairie Wind be unable to reach an agreement, the Commission will decide which applicant, or combination of applicants, is best qualified to build all or part of this project.

"I am pleased by the efforts of both parties to reach an agreement on Phase I. It is no easy task to reach a compromise on issues as complicated as this," said KCC Chairman Thomas Wright. "It is my hope that ITC and Prairie Wind will be able to reach a similar agreement related to Phase II."