Dodging Don's dagger, Kerry speaks out

Sneak attack by the Alaskan Congressional Delegation sends chill through wind power industry

At the news conference this morning the business agent of the 7,000 member International Brotherhood of Electrical Workers Union (IBEW), Mary Aiken, addressed the roomful of reporters and tv cameras. From left, Matt Palmer, CPN, Jim Gordon, Cape Wind, Beth Daley, Boston Globe, David Fahrenthold, Washington Post, seated Fred Thyss, WBUR.

"No developer wants to be in the position where pure politics may be the motive for the decision as opposed to science and the merits," Cape Wind President Jim Gordon said yesterday at a hastily called press conference to alert the public and the press to a last-minute attack to the project from the Alaskan Delegation. Two dozen news people attended either in person or by teleconference.

Alaskan Senator Ted Stevens circulated language* on Friday that would allow politics to override the regulatory review of the project, even after more than 17 federal and state agencies have already devoted more than four years of effort into a detailed assessment of its benefits.

Kerry speaks out against Steven's ploy
Move sends chill through industry
 
Dennis Duffy, Cape Wind's vice president of regulatory affairs said yesterday, "It's unprecedented for a state to have veto power over an energy project in federal waters. "It's important for us to stress that we agree that potential impact on navigation is a very important issue," Duffy said.

According to Duffy the U.S. Congress addressed the issue several years ago and included a provision in the Energy Policy Act that named the U.S. Minerals Management Service as the lead permitting agency for the federal government on such projects. In the act Congress clearly stated that the role of states is one of consultation for energy projects in federal waters.

"What we've got is a very clear and well thought out general rule from Congress for the entire nation as to how we go forward with energy projects on the Outer Continental Shelf and an amendment which surfaced on Friday which would basically change and overrule the Energy Policy Act only for one project," he said.  

Asked if he were angry at the men behind the backroom move to scuttle the project, Dennis Duffy replied, "I certainly am angry at the treatment this project is receiving. I fear that this would send a chill through the industry and discourage other developers from bringing this needed clean energy resources to our nation."

Senator John Kerry "does not support efforts to directly stop the ongoing assessment of the Cape Wind proposal," said Brigid O'Rourke, a spokeswoman for the senator.

The Stevens language singles out and targets Cape Wind in an historically invalid manner by allowing Massachusetts, in this case the governor or legislature, to veto recommendations about the placement of structures by the U.S. Coast Guard.

It is unclear why two Alaskan politicians, first Rep. Don Young and now Senator Ted Stevens, are trying to block a project that has been approved by the Massachusetts Energy Facilities Siting Board, has received a positive Draft Environmental Impact Statement, and, according to the most recent public opinion survey by the University of Massachusetts and the University of New Hampshire is supported by the overwhelming majority ( 6-1) of Massachusetts citizens.
 
The Press Conference:

Despite the short notice two dozen reporters showed up for the conference including The Wshington Post and all Boston tv stations.

*Below is what is believed is the language Senator Stevens has persuaded an ad hoc group of two senators and two congressmen to agree to without any discussion in the joint congressional committee of other legal, group:

SEC. 419. OPINIONS REGARDING WHETHER CERTAIN FACILITIES CREATE OBSTRUCTIONS TO NAVIGATION.

In any case, under the following conditions, in which a person requests the Secretary of the Army to take action to permit a wind energy facility:

(1) where the proposed site of the wind energy facility is within the area commonly known as Nantucket Sound; and
(2) the permit sought is under the authority of section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899 (chapter 425; 33 U.S.C. 403).

The Secretary of the Army shall only issue such permit if the Commandant of the Coast Guard and the adjacent state concur in writing, after the date of enactment of this Act, that no obstructions to navigation will > result from the proposed structures or activity. The Commandant and the adjacent state shall provide in writing a determination on whether or not the proposed wind energy facility presents an obstruction to navigation within one year of the date of enactment of this Act or for requests made after the date of enactment of this Act the written determination shall be made within one year of the request for the permit. If no written determination is made by either the Commandant or  the adjacent state within the above specified time the Secretary of the Army shall proceed as if the non-responding entity has issued a written determination that no obstruction to navigation will result from the proposed structures or activities. The determination of the Commandant and the adjacent state shall not be arbitrary or capricious.

This provision shall expire five years from the date of enactment of this Act.