Earlier today in Rhode Island, the Public Utilities Commission (PUC) approved the Deepwater Wind/National Grid Power Purchase Agreement (PPA) for the construction of an eight-turbine wind farm in Block Island Sound, denying CLF’s Motion to Dismiss.
Here’s what CLF’s Rhode Island Advocacy Center Director Tricia Jedele had to say about the decision:
Today’s ruling was inevitable, a result dictated by the legislature in a law defined so narrowly that it could have only one outcome. Unchallenged, this law and the accompanying PUC decision set precedent that will only undermine the efforts to build a future for renewable energy in Rhode Island. The failure to allow the PUC any discretion in its decision-making is the very basis of CLF’s Separation of Powers argument, which we are likely to appeal to the Supreme Court.
The Deepwater Wind project in Block Island Sound first met with problems in April 2010 when its Power Purchase Agreement (PPA) with National Grid was rejected by the PUC on the grounds that it was not commercially reasonable. Rather than appeal the decision, Deepwater, with the support of the Governor and the legislature, sought to do an end run around the review process and rewrite the rules to produce a different outcome the second time around. CLF, a longtime champion of renewable energy done right, was one of the first to challenge the moves as unlawful, unfair and a terrible precedent. CLF contended that the amended law was designed to favor one project and one developer, creating an unlevel playing field that would make it impossible for developers to compete successfully for future projects.
“Renewable energy is too important to this state to do it in a way that could threaten its chances for success,” Jedele said at the time.
In July, in advance of a second review of the PPA required under the amended law, CLF filed a Motion to Dismiss, arguing that the PUC should not review the amended Power Purchase Agreement because the law violates the Constitutional doctrine of separation of powers, and the provision which requires that “all laws be made for the good of the whole.” CLF also argued that even if the PUC were to proceed, it could not review the PPA because the doctrine of res judicata bars litigation of a claim that has already been litigated between the same parties.
Bill Carson
August 12, 2010
Quonset Point, RI — A Rhode Island official said Wednesday the project’s developers are in ongoing discussions with Massachusetts officials about using Quonset Point as a staging port for both ocean wind projects and hope to make a formal announcement soon.
Gov. Donald L.Carcieri had announced in the past that the Quonset Development Corporation (QDC) , a subsidiary of the Rhode Island Economic Development Corporation (EDC) was awarded a $22.3 million Transportation Investment Generating Economic Recovery (TIGER) grant from the US Department of Transportation. The grant will support wind energy manufacturing and logistical operations and improve marine highway infrastructure at the Quonset Business Park.
Massachusetts Attorney General Martha Coakley has pushed the Nantucket Sound project into lowering the proposed rates for its controversial offshore wind turbines forcing it to move its headquarters out of state. Massachusetts unions had counted on the work.
The country has evidently arrived at a point in its legal culture where no negative consequences seem to exist for making false or misleading claims to sell wind energy—the stuff dreams are made of. But industrial wind is a bunco scheme of enormous consequence. And people who value intellectual honesty should not quietly be fleeced by such mendacity, even from their government
Ben Hart
America was once a country of innovation, hard work, and taking necessary risks.
That was what defined the “greatest generation” and why they deserved their title. They sacrificed themselves and their time so their children (all of you, the “Me generation”) could live comfortably.
Nearing, or in, retirement, you have all made your money; many of you by exploiting the world’s resources. But that is not enough. Now, selfish as always and with no thought for future generations, you want to sit back and enjoy your view because you “worked hard” for it. Unlike your parents, you are sacrificing your children and grandchildren so that you can continue to live comfortably.
Your generation is 100% responsible for destroying the economy, ruining our ecology, and tainting the moral structure of what was once the greatest nation in the world. Oddly, I must thank you. As a 30 year old, I am a child of your generation. Thanks to you and the blight you have created, we, the generation left behind to clean up your mess, are the parents of the next great generation.
My son will grow up to be an honest, hard working, fair, decent, intelligent, humble man and I owe this to all of you. The foundation of the next great nation will be built upon his and his generations backs. It took a while for me to realize this, but you showed me exactly how not to live and how not to raise my children.
Go ahead, as you have for so many years, stick your head in the sand of your high-brow ignorance. But stay out of the way. Your time of usefulness has passed. This nation is being taken from your hands.
I know that my grandchildren, your great-grandchildren, will thank me for it.
Ben Hart
http://www.pbn.com/detail/51687.html
Comment #1
Look familiar?