FERC denies New Energy Capital motion for late intervention (please see comments for updates)

The Federal Energy Regulatory Commission (FERC) today denied a motion filed by New Energy Capital, LLC of New Hampshire for late intervention in the Yadkin Project licensing proceeding.  You can read FERC's issuance here:  http://elibrary.ferc.gov/idmws/file_list.asp?accession_num=20130530...

 

Views: 381

Tags: Alcoa, FERC, New Energy Capital, Yadkin Project, relicensing

Comment by Whigkid on May 30, 2013 at 5:28pm

I'm relieved we won't have to hold our collective breaths until the end of July to find out about this.  I'm inclined to think it was intended to sway the Stanly County Commissioners who were on the verge of settling with Alcoa when the filing was made.  I wonder what Roger's next bright idea will be?  The man's still going to be grumbling on his deathbed. 

Comment by Ann on May 30, 2013 at 7:19pm

Emery P. Dalesio reported the decision, ending with his usual biased presentation of the case for a state takeover:  http://www.newsobserver.com/2013/05/30/2927668/feds-dump-nh-firms-b...

BTW, there's also news online that FERC Chairman Jon Wellinghoff plans to leave after a replacement is found (I'll refer to Bloomberg News):  http://www.bloomberg.com/news/2013-05-29/u-s-ferc-chief-to-leave-af...

 

 

Comment by Firebird on May 30, 2013 at 10:27pm

Roger and the Riverkeeper need to join the circus, they need more clowns.

Comment by Whigkid on June 8, 2013 at 9:16am

The managers of New Energy wrote an op-ed piece in last Sunday's Charlotte Observer:  http://www.charlotteobserver.com/2013/06/02/4078336/nc-rivers-belon...  It does clarify that New Energy is an investment fund manager.  It basically "declares", without substantiation, that the State has sole rights to build and operate hydroelectric facilities.  Odd, since the US Fish and Wildlife Service lists 74 hydroelectric projects, some of them involving multiple impoundments, operating on or affecting the waters of North Carolina:  http://www.fws.gov/nc-es/hydro/fercnc.html  None of them were built or are operated by the State.

On Wednesday, New Energy filed a motion with FERC asking what happened to their motion to reopen and restart the Yadkin Project relicensing process.  They seem a bit piqued that FERC isn't following their (New Energy's) instructions.

 

Comment by Ann on June 21, 2013 at 9:41pm

Oh, law, the petitions are flying fast and furious.  Now "the State", i.e., Faison Hicks on behalf of the Governor, has filed another petition with FERC, basically 3 motions in one.  He wants a rehearing on FERC's decision not to allow New Energy very very very late intervention, and/or for FERC to grant New Energy's motion to restart the relicensing process, and/or for FERC to grant the State's motion for additional time to respond to New Energy's petition.   Stall, stall, stall, and maybe someone will come up with something.

Comment by another David on June 26, 2013 at 6:40pm

Now the Yadkin Riverkeeper's filed a motion to reopen the process.  He thinks he's a party to these proceedings.  ;>D  Reminds me of the time he not only crashed a High Rock Lake meeting, but marched right in to the speaker's table uninvited.

Comment by flowerchild on June 27, 2013 at 1:47pm

Today New Energy filed a motion for rehearing.  New Energy, "the State" and the Yadkin Riverkeeper have been asking for things for the other parties that the other parties haven't asked for themselves.  New Energy asked to reopen and restart the relicensing process and that the State be allowed to prepare and submit a competing license application.  The State hasn't asked for that themselves.  The State asked tor a rehearing on New Energy's motion and that New Energy be allowed to submit a proposal, which New Energy hadn't asked for.  Then the YRK asked that New Energy's motion to reopen the process be granted, and that New Energy be allowed to submit a proposal.  New Energy themselves were the last to ask for a rehearing of their own motion.  Anyone confused?

Comment by Firebird on June 27, 2013 at 5:23pm

Do you think Roger Dick might be behind this?  I believe I know the answer. Yep. He and merry band of scoundrels can't give it up.

Comment by Whigkid on June 27, 2013 at 7:30pm

I think Roger Dick and Zoe Hanes are behind this late in the game "Hail Mary" pass.  I also think Roger's only recently snared in New Energy.  AltaGas must not have been wiling to file motions.

 

Comment by flowerchild on July 16, 2013 at 1:21pm

Today, July 16, FERC denied the State of NC's request for rehearing of the denial of New Energy's motion for late intervention, citing a section of the Federal Power Act which states that only a party aggrieved by an order issued by FERC (i.e., only New Energy) may file a request for rehearing.  The order went on to say that the deadline for filing of competing applications expired over six years ago.

Chronology of recent filings:

4/30 - New Energy filed Petition to reopen and restart APGI relicensing process - or - Motion for Late Intervention

5/15 - State of NC (Governor) filed request for extension of time

5/30 - FERC issued order denying New Energy's Motion to Intervene

6/5 - New Energy filed Motion for Clarification

6/24 - State of NC filed Request for Rehearing of New Energy's Motion to Intervene, etc.

6/26 - Yadkin Riverkeeper (not a party to proceedings) filed a Request for Rehearing of New Energy's Motion to Intervene

6/27 - New Energy filed a Request for Rehearing of Motion to Intervene

7/16 - FERC issued order denying NC's Request for Rehearing

 

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