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Pro-renewables group objects to Rhode Island offshore wind project

Offshore wind may seem a long way off for Rhode Island, but it has to be done in the right way, according to the Conservation Law Foundation

The Conservation Law Foundation has filed objections to last month’s attempt to kickstart Rhode Island’s Block Island offshore wind project.

The New England advocacy group said moves by state Governor Donald Carcieri to rubberstamp a power purchase agreement for the 20MW demonstration project were “unconstitutional”.

Gov Carcieri and state lawmakers adopted new legislation to “clarify” the state’s position after Rhode Island’s Public Utilities Commission rejected a power deal between developers Deepwater Wind and utility National Grid in April, stating that it was not “commercially reasonable”.

In turn, the new law resulted in a fresh power purchase deal being put forward for the $205 million project almost exactly the same price as the rejected deal (see this BrighterEnergy.org story).

The Conservation Law Foundation, which is actively supporting the much larger offshore wind project Cape Wind in Massachusetts, said Rhode Island had to develop its offshore energy potential the right way.

The group’s filing aims to show that the current, second review of the Deepwater Wind/National Grid power purchase agreement by the Commission is “unlawful”.

“Too important”

Tricia K. Jedele, CLF vice president and director of its Rhode Island Advocacy Center, said: “Renewable energy is too important to this state to do it in a way that could threaten its chances for success.”

Ms Jedele warned that the “unpopular” law was designed to push through one project favoring a single developer, and could “trip up all legitimate projects that follow it”.

She added: “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.”

The Foundation said lawmakers had violated the Constitution’s separation of powers doctrine, and that the Power Purchase Agreement could not be reviewed a second time under the res judicata doctrine, which bars litigation of the same claim between the same parties.