Conservation Law Foundation Continues Fight to Get Renewable Energy Done Right in Rhode Island

Files Motion to Dismiss Docket 4185 on Grounds that Amendments to
Long-Term Contracting Statute are Unconstitutional

CONTACT:
Jerry Elmer, CLF, (401) 351-1102, or jelmer@clf.org
Karen Wood, CLF, (617) 850-1722, kwood@clf.org

PROVIDENCE, RI  July 6, 2010 — The Conservation Law Foundation (CLF), which vociferously opposed recent moves by the Governor and the legislature to undermine the process for evaluating renewable energy projects, today continued its fight to ensure that Rhode Island’s renewable energy laws are fair and equitable in the interest of delivering successfully on the state’s renewable energy vision. In documents filed today, CLF said it would show that the amendments to the Long-Term Contracting Statute signed into law by Governor Carcieri on June 16, 2010 are unconstitutional and that a second review of the Deepwater Wind/National Grid Power Purchase Agreement by the Public Utilities Commission (PUC) is unlawful. In its filings, CLF moved to dismiss Docket #4185 and to stay the docket until the PUC has ruled on the questions raised by its Motion to Dismiss.

“Renewable energy is too important to this state to do it in a way that could threaten its chances for success,” said Tricia K. Jedele, CLF vice president and director of its Rhode Island Advocacy Center. “This highly unpopular law designed to push through one project that favors one developer is poised to trip up all legitimate projects that follow it. While it seems counter-intuitive to oppose a proceeding engineered to green-light a beneficial project, we believe unequivocally that a fair and open process and a level playing field for all comers must be at the heart of renewable energy development. Ultimately, it must be done right if it is to succeed.”

CLF’s Motion to Dismiss states that the amendments to Section 7 of the Long-Term Contracting statute violate the Constitutional doctrine of separation of powers, which requires that “all laws be made for the good of the whole.” Even if the PUC were to proceed beyond the threshold Constitutional questions, it could not review the Power Purchase Agreement (PPA) because the doctrine of res judicata bars litigation of the same claim between the same parties. The Power Purchase Agreement between Deepwater Wind and National Grid was rejected by the PUC in April 2010 on the grounds that it was not “commercially reasonable.”

The Conservation Law Foundation (www.clf.org) works to solve the most significant environmental challenges facing New England.  CLF’s advocates use law, economics and science to create innovative strategies to conserve natural resources, protect public health and promote vital communities in our region.  Founded, in 1966, CLF is a nonprofit, member-supported organization with offices in Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.