Massachusetts’s highest court upheld the November 2010 decision of the DPU, which approved a critically important contract between Cape Wind and National Grid in which the electric utility agreed to purchase half of Cape Wind’s output. Cape Wind opponents had appealed the DPU’s decision— the latest in an endless stream of ill-fated maneuvers intended to block the nation-leading clean energy project from being built.

CLF intervened in the appeal proceeding with fellow environmental groups NRDC and Clean Power Now, making the case that the DPU’s extensively-researched decision showed clearly that Cape Wind’s benefits would outweigh its costs. Among these benefits is the project’s close proximity to areas of high electricity demand, which gives it logistical advantages over obtaining power from more distant energy projects that have been proposed.

The High Court’s validation should make it easier for Cape Wind to secure a buyer for the other half of the wind farm’s output and attract project investors to help finance construction. When built, after more than a decade of exhaustive reviews, Cape Wind will be the nation’s first offshore wind project.

Encouraged by yesterday’s decision, Jim Gordon, president of Cape Wind, spelled out some of the benefits Massachusetts residents could anticipate when Cape Wind is built, including, “creating up to 1,000 jobs, providing Massachusetts with cleaner air, greater energy independence and a leadership position in offshore wind power.”

We at CLF say, “Bring it on…not a moment too soon!”

Simulation of view of Cape Wind from Cotuit, MA. Photo credit: http://www.capewind.org

When three leading environmental organizations seek to get involved in a federal court case about a proposed development project, it’s not usually on the side of the developer. But, this week, CLF, NRDC and Mass Audubon filed a motion to participate as “Friends of the Court” in support of the defendants in five pending federal cases challenging federal approvals of the Cape Wind offshore wind energy project. The plaintiffs, unsurprisingly including the Alliance to Protect Nantucket Sound, are seeking to overturn the federal government’s 2010 approval of the landmark offshore wind project, the first to be approved in the United States.

Our federal court filing comes after more than a decade of exhaustive review undertaken by state and federal authorities, and by CLF and our colleagues in the environmental community – review that served to ensure Cape Wind’s approval was based on sound science and data, and that the project was thoroughly vetted through an open and transparent public process. Our support for the project reflects our findings that Cape Wind’s benefits far outweigh its impacts.

Between CLF, NRDC and Mass Audubon, we pack a couple hundred years of environmental advocacy and stewardship experience.  Collectively, we represent hundreds of thousands of Americans, from nearby Hyannis to far-flung Hawaii, who believe our country should prioritize a true clean energy agenda and move more quickly to deliver on the environmental, public health, energy security and economic benefits of responsible renewable energy. Backing the developer in the Cape Wind case may, at first blush, go against the grain of environmental advocacy history. But in this case, it is fully consistent with our longstanding missions to protect natural resources and public health – here, by advancing a key project that will begin to unleash the tremendous potential of offshore renewable energy, allowing Massachusetts and the region to dial back polluting fossil fuel power generation.

Seth Kaplan, Vice President for Policy and Climate Advocacy at Conservation Law Foundation, said, “The Massachusetts Department of Public Utilities (DPU) left no stone unturned when it reviewed and approved the contract between National Grid and Cape Wind. The DPU’s conclusion, based on extensive testimony and other evidence presented by both Cape Wind supporters and opponents, was that Cape Wind’s long-term power purchase agreement is ‘cost-effective’ and reasonable, and will deliver net economic benefits for electric ratepayers and the Commonwealth. Opponents have thrown up every possible obstacle to Cape Wind’s progress and this obstruction has had delayed the day when residents of the Commonwealth can reap considerable economic and environmental benefits of the project. The public’s patience is, appropriately, wearing thin. These stall tactics are draining public resources while keeping Massachusetts from benefiting from the clean energy and green jobs that Cape Wind will provide.”

Conservation Law Foundation, represented by CLF Massachusetts Director Susan Reid, intervened with the Union of Concerned Scientists, the Natural Resources Defense Council and Clean Power Now in the case of the Alliance to Protect Nantucket Sound vs. The Massachusetts Department of Public Utilities, filing a full brief in the case in July.

To read the full statement, click here.

The show is likely to focus on the Massachusetts Department of Public Utilities decision approving a long term contract between Cape Wind and National Grid but is sure to be full of discussion of Cape Wind generally.

In finding the contract “cost-effective” and “in the public interest,” the DPU overrode opponents’ most recent objections that the project supposedly is too expensive and will lead to huge profits for the developer.  In fact, the decision pointed out again – for those who chose to overlook the terms spelled out in black and white in the Cape Wind contract – that the developer will not reap windfall profits because the profits are capped and cost savings will flow back to the ratepayers.  And, the contract price is fixed and predictable over the entire 15-year term of the contract.

CLF is thrilled, if not entirely surprised, that the DPU found the project to be good for ratepayers.  As noted in the DPU’s decision, the estimated price impacts are very small and are significantly outweighed by the benefits. Customers will get some relief from the volatile fossil fuel price rollercoaster while Cape Wind takes a major bite out of global warming pollution and forces some of the most expensive and dirty fossil fuel-fired power plants to reduce their operation.  This is a major win for the environment and the emerging clean energy economy.

As an intervening party in the DPU proceeding, CLF took the lead working with the Union of Concerned Scientists (UCS), NRDC and Clean Power Now to introduce extensive expert testimony, cross-examine one of the opponents’ principal witnesses (an avowed climate skeptic), and draft detailed legal briefs to make the case for approval of the Cape Wind contract.

John Rogers, senior energy analyst at UCS said, “With this decision, Massachusetts has taken a real step forward on behalf of the commonwealth and the country as a whole. We know that offshore wind represents a real opportunity for economic development and environmental progress.  This move means we’re ready to say yes to that opportunity.”

Over the past decade, Cape Wind has withstood exhaustive environmental and permitting reviews, demonstrating over and over that its benefits will far exceed its impacts.  Since the contract was so thoroughly vetted, we are confident that today’s decision paves the way for a much more streamlined review and approval of a contract for the second half of Cape Wind’s power, renewable energy credits and other output. With federal, state and local approvals, a lease and a long-term contract, Cape Wind is looking more and more like a sure thing.

Patrick Administration offshore wind expert Greg Watson with an artist's rendering of the future wind blade/turbine port facility. (Photo credit: Sue Reid)

At an event Wednesday afternoon in New Bedford, Governor Patrick, Congressman Frank, Mayor Lang, Secretary Bowles, Senator Montigny, DOER Commissioner Phil Giudice and a host of other local, state and federal officials together announced that New Bedford’s South Terminal will be developed as a deepwater port to serve the Cape Wind project and other offshore wind projects to follow.

Congressman Frank at the podium. (Photo credit: Sue Reid)

It was a rare chance to celebrate the progress that has been made in bringing the nation’s first offshore wind project to fruition after so many years.  And it was striking to see longshoremen side-by-side with electrical workers, environmental advocates, renewable energy industry stakeholders, politicians and former politicians, such as former New Bedford Mayor John Bullard who long has championed the benefits of wind power — on land and offshore alike. The key message of the day was hammered home by speakers who highlighted the New Bedford wind port as a compelling example of the sort of convergence between economic and environmental objectives that we all seek.  Exactly.

Read more about CLF’s work on Cape Wind and other renewable energy initiatives at clf.org>>

In a recent issue of the New Yorker staff writer Jane Meyer leads us all on a guided tour of the machinery, machinations and massive expenditures that the billionaire Koch brothers have poured into organizations like the Orwellian named “Americans for Prosperity” that, among other things, are dedicated to stopping progress in the war to protect our climate.

Not satisfied with having played a role in derailing (hopefully temporarily) sensible energy and climate policy in Washington DC these guardians of fossil fuel industry profits are seeking to halt good efforts in the states.  While their efforts in California have been the most noticed they are also busy laying astroturf in places like New Jersey where a “campaign” to roll back the mild, moderate and successful Regional Greenhouse Gas Initiative has been launched out of the corporate checkbooks supporting “Americans for Prosperity.”

This effort in New Jersey angrily rails that there is no clear line on electricity bills to show the price that consumers are paying for RGGI – ignoring the reality that there is not a bit of evidence that such a cost can be identified by anyone.  Indeed, the RGGI program is so mild and moderate that, as was anticipated when the program was created, the impact on consumers is so small that it is in fact invisible.   The fact that the New Jersey “anti cap and trade” website fails to actually describe a price impact for RGGI before ranting about the need to disclose such a cost is a clear signal that we are dealing with folks who are not playing straight.

And to add yet another bizarre twist to the tale, the Albany Times-Union reports that the company owned by the same Koch brothers who founded and have funded the organization protesting RGGI has been participating in the RGGI auction, presumably for profit and not just fun.

While David and Charles Koch, as detailed in the New Yorker article,  have focused their spending on nurturing “Americans for Prosperity” and similar national efforts their brother William Koch has been focused on local denial – heavily funding lobbying against the Cape Wind project which he apparently feels would damage the view from his vacation home.  But the Koch agendas are now converging as “Americans for Prosperity” levels a volley at an effort by the governor of New Jersey, a Republican who is generally regarded as conservative, for using RGGI funds to support offshore wind farm development.   Perhaps this is a result of the reconciliation between these brothers now that they have settled their infamous feud.

Ultimately, though this is about people who have made a lot of money from the current system of generating energy from fossil fuels fighting the future.  Not only are they tossing all of us, including their own families, under the bus of a dangerously changing climate but they are fighting against efforts like wind farms that generate stability in energy prices (something their fossil products simply can’t deliver) and programs like energy efficiency investments that generate real jobs and prosperity.  For example, the operator of the efficiency programs in New York State estimates, in their annual plan, that the programs funded by RGGI in that one state will create:

• Customer energy bill savings of more than $445 million
• 1.7 million barrel reduction in oil imports
• Creation or retention of approximately 1,400 jobs
• Greenhouse gas emissions reductions up to 2.0 million tons; equal to removing approximately16,500 cars from the road

Saving people money on energy bills and creating jobs – what a nightmare !!!

Today, the Massachusetts Supreme Judicial Court decided to uphold the comprehensive permit for Cape Wind’s transmission lines issued by the state’s Energy Facilities Siting Board (EFSB)–a welcome and much-anticipated milestone for the nation’s first major offshore wind energy project. CLF has been actively involved in moving the ball forward on Cape Wind throughout its nine-year review and permitting process, and we’re thrilled that Cape Wind will finally have an opportunity to to move forward and provide Massachusetts with clean, renewable power.

Here’s what CLF Staff Attorney Shanna Cleveland had to say on the subject:

“The Court thoroughly reviewed the extensive record in this case and correctly concluded that the state siting board rigorously scrutinized the project and fulfilled its obligation to safeguard the public trust. Cape Wind will provide electricity without producing any harmful greenhouse gas emissions, and its clean energy benefits are expected to significantly outweigh its impacts. The Court’s affirmation of Cape Wind’s comprehensive state permit is a significant step on the path toward a clean energy future for New England and the nation.”

Check out clf.org for the full press statement>>

The news this week that National Grid has officially filed its contract proposal with Cape Wind is great news for everyone in our state who breathes the air and believes we need to reduce our dependence on foreign oil and fossil fuels in general. Any estimate of the real costs of Cape Wind must factor in the economic, environmental and public health benefits to consumers and the Commonwealth over the long-term. In addition to knowing how much the power from Cape Wind will cost, the public should also know how much it will save them. To accurately estimate the value of our investment in Cape Wind, we can’t just focus on short-term increases to electric bills – pennies per day, on average – but must consider the savings over time.

By making a 15-year commitment to supply customers with clean wind power, National Grid and Cape Wind together are taking an essential step toward bringing the nation’s first offshore wind project to life while delivering substantial economic and environmental rewards. As the contract goes through rigorous public scrutiny, we call upon the public and state decision-makers alike to ensure that it is compared to other electric power agreements on an apples-to-apples basis that fully credits the expected benefits.  These include:

▪  Because Cape Wind’s fuel is free, the long-term power purchase agreement can – and will – ensure price predictability over the long term, moving consumers off the volatile fossil fuel price roller coaster.

▪  The project’s zero fuel cost means that when the wind blows, Cape Wind will be first in line to deliver power to consumers – forcing the most expensive polluting fossil fuel-fired power plants to run less, reducing the market price for electricity and saving customers millions of dollars.

▪  The contract price, initially set at 20.7 cents per kilowatt hour, is an “all-in” price that includes not just the price of the electricity but also the transmission, renewable energy incentives that are required by law, the project’s capacity to contribute to the regional electric supply, and other environmental benefits.  It is inaccurate to compare this price to the stand-alone price of traditional electricity.

▪  Any comparison of Cape Wind’s contract price to the price we currently pay for traditional power must take into account the extraordinary environmental and public health costs of ongoing reliance on fossil fuels – including the costs of addressing the growing oil drilling catastrophe in the Gulf, increasing climate change impacts, and air pollution from coal plants that worsens lung and heart conditions.

▪  By making long-term price commitments, Cape Wind and National Grid are placing the risk of any increased development cost squarely on the shoulders of Cape Wind, not ratepayers.

▪  Cape Wind will bring significant economic development opportunities to the Commonwealth, from quality construction jobs to ongoing maintenance and operation, and will propel Massachusetts to the national forefront of offshore renewable energy development.