Disclosure Gap

Amazon publicly named November 13, 2018. Arlington County Board ratification December 2018 (≥30 days). General Assembly formal vote February 2019 (≥90 days). BEI 30-day threshold technically met for the binding legislative action. Partially Documented because: the 14-month competitive selection process (Sept 2017–Nov 2018) was conducted in confidentiality — notice in the spirit of N1 was not present during the period when commitment was being evaluated. N9 captures the milestone-sequence concern. The formal timing threshold was met; the substantive notice window is the partial element.

VEDP press release was readable (approximately 9th-grade level, Hemingway estimated). Formal performance agreement is a complex financial/legal document requiring professional advisory. No readability measurement artifact in the public record. Grade level estimate by BEI — not a public-record measurement (per Gap 3 resolution: BEI documents which section and tool; artifact goes in Records Reviewed drawer).

"Amazon HQ2, 25,000 jobs, $2.5B capital investment, National Landing, Arlington County" was named in full at the November 13, 2018 announcement. Power draw in MW not disclosed, but per Gap 5 resolution (PDT-NQS v1.4): MW is the primary scale indicator for data center / hyperscale compute projects; for corporate HQ / tech campus projects, square footage and headcount are the primary scale indicators. The announcement provided sufficient scale identifiers (25k jobs, 4M+ sq ft phased, national-scale corporate relocation) for N3 Documented.

Amazon publicly named November 13, 2018 at announcement. During the 14-month competition (Sept 2017–Nov 2018), Virginia used 'Project Clancy' as the code name — the company was known to officials but not to the public. Post-announcement, legal entity 'Amazon Data Services Virginia, LLC' was named in documents alongside 'Amazon.com, Inc.' Partially Documented because the at-notice standard is met post-announcement, but the extended pre-announcement confidentiality is the partial element. Per Gap 9 resolution (PDT-NQS v1.4): Amazon is the brand-identifiable controlling entity; the LLC structure does not obscure beneficial ownership.

Impact categories in public documents: (1) Energy demand in MW — not disclosed. (2) Water use — not disclosed. (3) Traffic / transit — WMATA capacity study referenced in $195M infrastructure investment; transit impact addressed. (4) Grid upgrade cost — not disclosed as itemized power demand (included in infrastructure package). (5) Tax base impact — addressed through performance grant analysis (foregone income tax revenue vs. grant expenditure). (6) Noise / operational profile — not applicable (corporate campus, not industrial). Count: approximately 2-3 of 6 categories adequately disclosed in official notice documents. Threshold for Documented (≥4 categories) not met.

Arlington County Board held public hearing December 2018. Evening sessions were available. Written comments accepted. Meeting was recorded (standard Arlington County Board practice). Hearing held in Arlington (in-jurisdiction). All four accessibility criteria met: in-jurisdiction, evening availability, written comments, recording. Strongest N6 rating in the three test cases.

Key documents proactively published at or near announcement: VEDP performance agreement released November 13, 2018. Virginia Tech Innovation Campus MOU publicly available. Community benefit agreement publicly available. Virginia General Assembly fiscal impact analysis publicly available before the February 2019 vote. All major financial terms were in the public record before the binding legislative vote — in contrast to Foxconn (Case 1) where the WEDC agreement was not online before the August legislative vote.

Not all four commitment milestones occurred post-notice. Evidence from public filings: (1) Land acquisition — JBG Smith (National Landing's primary developer) was in real estate discussions with Amazon before November 13, 2018 announcement; public JBG Smith SEC filings and post-announcement reporting confirm pre-announcement real estate engagement. (2) Building permits — not filed before announcement. (3) Incentive agreement executed — formal VEDP agreement signed post-announcement (November 2018, after the Nov 13 public announcement). (4) Grid interconnection study — Dominion Energy planning underway before announcement per utility planning documents. Evidence suggests Amazon had effectively committed to National Landing before the public announcement date. Not all four milestones post-notice.

Legislative vote (binding formal action) occurred approximately 8 days after July 26, 2017 announcement. BEI 30-day threshold not met before the binding legislative vote (2017 Act 58 signed August 3, 2017). The WEDC agreement was signed in November 2017 with additional notice, but binding legislative authorization preceded adequate notice.

Press releases were readable; formal WEDC agreement and LFB legislative analysis were technical documents. No official readability measurement artifact in the public record. Hemingway App assessment of press release: approximately 9th-grade level (estimated by BEI; primary measurement artifact pending REESE retrieval). LFB fiscal analysis: college level.

LCD manufacturing campus, 13,000 jobs, $10B investment, Mount Pleasant, Racine County named from July 26, 2017 announcement. Power draw in megawatts was not disclosed in any public notice document reviewed — a significant omission for an energy-intensive manufacturing facility of this scale (3,000+ acres, planned up to 20M sq ft in Phase 2). Acreage and square footage scale indicators were disclosed.

Foxconn Technology Group and Hon Hai Precision Industry Co., Ltd. were named in all public documents from the July 26, 2017 announcement forward. No shell entity intermediary was used at notice time. Parent company and brand name were both present in official documentation.

Categories reviewed: (1) Energy demand in MW — not disclosed in notice documents. (2) Water use — raised in media and by environmental groups referencing Great Lakes water compact; not in official notice documents. (3) Traffic — addressed in environmental impact documentation. (4) Grid upgrade cost — ATC planning documents not public at notice time. (5) Tax base impact — LFB fiscal analysis addressed school district and taxing body impact. (6) Noise/operational profile — not addressed. Approximately 2-3 of 6 BEI impact categories present in official notice documents.

Racine County and Mount Pleasant held public hearings. Evening sessions were available. Written comments were accepted. Recording: no evidence of recording in public records reviewed. In-jurisdiction: yes (hearings in Mount Pleasant/Racine County). Hearings held within extremely compressed timeline (~8 days from announcement to legislative vote).

WEDC agreement was released publicly after signing (November 2017). LFB fiscal analysis was publicly available prior to the legislative vote. Environmental impact review was not publicly released before the legislative vote. Final WEDC agreement was not available online before the August 3, 2017 legislative signing — the binding authorization occurred before full agreement terms were publicly accessible.

Evidence of pre-announcement commitment: (1) ATC (American Transmission Co.) grid interconnection study was underway before July 26 announcement — this is the Tier 1 HRS signal for PDT F1. (2) WE Energies and Foxconn were in site-specific discussions before the public announcement per utility planning documents. (3) Land transactions closed after announcement; formal permits not filed before. (4) WEDC agreement executed November 2017 (after notice). Not all four BEI milestones preceded notice — some evidence of de-facto commitment before public announcement.