Conservation Law Foundation Fears Supreme Court Decision Concerning Deepwater Wind Project Will Have Chilling Effect on Renewable Energy Development

CONTACT:
Karen Wood, CLF, (617) 850-1722
Jerry Elmer, CLF, (401) 351-1102 Ext. 12

PROVIDENCE, RI  April 22, 2011 – In response to today’s ruling by the Rhode Island Supreme Court denying Conservation Law Foundation (CLF) the right to appeal the decision of the Public Utilities Commission (PUC) approving the long-term contract for the Deepwater Wind project in Block Island Sound, CLF issued the following statement from Jerry Elmer, staff attorney, CLF Rhode Island:

“Conservation Law Foundation continues to support development of renewable energy in Rhode Island, as it always has done,” said Jerry Elmer, staff attorney, CLF Rhode Island. “However, building a robust renewable energy industry requires fair laws that create a level playing field for all developers and technologies. Today’s ruling may mean that the Deepwater Wind project goes forward, but the process by which it was approved is deeply flawed. We fear that this could have a chilling effect on the future of the renewable energy industry in Rhode Island, which would be a net loss for our citizens, our economy and our environment.”

Elmer continued, “It is worth noting that two Justices dissented from today’s ruling, saying that they believe that the public policy issues that CLF is raising are exactly the sort of issues that the Court should address. We regret that today’s decision means that the full Supreme Court will never get to hear those important underlying issues.”

Background
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. In July, 2010, 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.” In August, 2010, the Motion to Dismiss was denied by the PUC and the power purchase agreement was approved in a decision that CLF deemed inevitable, given that the law was defined so narrowly as to have only one outcome. CLF appealed the decision to the Rhode Island Supreme Court, which, in February 2011, ordered all remaining opponents to prove they had standing to appeal the PUC’s decision. Today’s decision ruled that CLF did not have standing to appeal.

The Conservation Law Foundation (CLF) protects New England’s environment for the benefit of all people. Using the law, science and the market, CLF creates solutions that preserve natural resources, build healthy communities, and sustain a vibrant economy region-wide. Founded in 1966, CLF is a nonprofit, member-supported organization with offices in Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.