Environmental record, Battery Park area

NYC 9/11 Public Portal Document

Geraldine M. Boylan New York Stock Exchange, Inc. Associate General Counsel 11 Wall Street

Office of the General Counsel New York, NY 10005

tel: 212.656.5105 fax: 212.656.8101 [email protected]

I NYSE February 25, 2002

Via Facsimile (718) 595-3744 and Regular Mail

R. Radhakrishnan, P.E. Director, Asbestos Control Program New York City Department of Environmental Protection 59-17 Junction Boulevard — 8th Floor Corona, New York 11373-5108

Re: New York Stock Exchange, Inc.

Dear Mr. Radhakrishnan:

The New York Stock Exchange, Inc. ("NYSE") recently received copies of three letters that purport to have been issued by the New York City Department of Environmental Protection ("DEP") and to require the production of confidential, non-public information and documents.

On Sunday, February 17, 2002, an individual who purported to be an employee or agent of the DEP approached a security guard standing outside premises of the NYSE at 11 Wall Street in Manhattan and requested access to the building to inspect certain roofs. Pursuant to established security procedures, the guard did not grant the individual's request. Upon being advised by the guard that the building was owned by the NYSE, the individual completed the date and building owner name and address information at the top of a letter on DEP letterhead and left it with the security guard. The letter requests the production, within five business days, of copies of "the environmental hazard assessments including bulk sample results and air monitoring results and a summary of clean-up activities at the above referenced site."

On or about February 21, 2002, an unidentified individual left two letters dated February 21, 2002, addressed to "Mr. O'Connor [sic] (Chief Engineer)" with a security guard outside premises occupied by the NYSE. The text of the first letter is the same as that contained in the February 17 letter. The second letter states that "a visual survey of your building's exterior was conducted as a follow up to DEP's October survey of buildings around the World Trade Center site" and that "visible dust accumulations were observed" at the building facade and windows. It requests information regarding the NYSE's "actions to address the dust accumulations" by February 27. Copies of the three letters are enclosed for your information.

NYC-WTC 000105500