CLF, AG ask PUC to reject Deepwater power buying agreement hearing

WARWICK - R.I. Attorney General Patrick Lynch and an environmental group want the R.I. Public Utilities Commission to stop a hearing key to the advancement of an offshore wind farm. In papers filed with the PUC Tuesday, the Conservation Law Foundation Rhode Island chapter and Lynch called the process unconstitutional.

The PUC is mulling whether to approve a power-purchase agreement between wind farm developer Deepwater Wind and utility National Grid. The PUC rejected a similar contract in March after deeming the price too high. The commission is hearing the case again after the General Assembly passed a law ordering it to take a second look.

On Tuesday, the Conservation Law Foundation charged the hearing violated the constitutional doctrine that "all laws be made for the good of the whole." CLF lawyer Jerry Elmer told Providence Business News Tuesday that the law ordering the hearing - and the hearing itself - inappropriately favored one company over others.

"The bill that created this new docket is not about renewable energy," Elmer said. "It's a bill about helping one developer, Deepwater, and CLF wants to see renewable energy done right and that means a level playing field for all."

The foundation also said that by hearing the case again, the PUC was violating a legal doctrine that bars litigation of the same claim between the same parties.

Lynch made similar arguments in a motion filed Tuesday afternoon. The attorney general, a Democratic candidate for governor, said the PUC already heard and rejected the case once and the recent legislation amounted to an end run around the body.

"Deepwater had its chance to prove to an impartial panel, the PUC, that this deal had any merit for Rhode Islanders, and Deepwater couldn't do it," Lynch said. "They had an appeal process by which they could have asked our Supreme Court to help them, and they didn't even try to use it. It is wrong for legislation to ‘overrule' a final judicial decision whether that decision is entered by a court or a properly constituted administrative agency, which in this case has a unique expertise in the subject matter."

Lynch also repeated arguments made during the original case that the proposal by Deepwater would cost electric customers $390 million in above-market costs over the course of the 20-year contract.

Both Lynch and CLF said they supported renewable energy in general, but not the process under which the Deepwater Wind case is being heard.

CLF wants the PUC to stay the case until it can rule on its 23-page motion to dismiss.