A recent story in a New England newspaper
details how the Conservation Law Foundation has joined up with the attorney general of Rhode Island to oppose reconsideration of a power-purchase agreement between National Grid and Deepwater Wind Co which proposed windmills off Rhode Island. Both are seeking to have the contract dismissed.
Although the CLF is a backer of renewable energy
, its motion for dismissal calls the recent change (legislation signed into law by the Rhode Island governor in mid June) to benefi Deepwater unconstitutional.
“Renewable energy is too important to this state to do it in a way that could threaten its chances for success,” CLF said in a statement.
“While it seems counterintuitive 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."
Specifically, the new law violates the separation-of-powers doctrine, according to the motion.
“The doctrine of separation of powers requires that judicial and quasi-judicial decisions be final and conclusive, appealable only to a higher court; the doctrine specifically requires that such decisions not be reversible by legislative fiat,” the CLF motion states.
Rhode Island Attorney General Patrick C. Lynch said:
“We continue to fight against this special-interest measure and inside deal tailored to put only one entity, Deepwater Wind, on the fast track to develop a costly demonstration project that isn’t needed, and will create only six full-time jobs,”
The CLF also says that the new law goes against provisions in the Rhode Island Constitution that require “all laws be made for the good of the whole.”
CLF staff Attorney Jerry Elmer referred to the original law signed last year that required National Grid to sign long-term contracts to buy renewable energy as a counterpoint to what happened in the legislative session that wrapped up in June. READ FULL ARTICLE