Wednesday, July 18, 2007

Update on Wind Power Negotiations and Litigation

I've got some news on the Delmarva Power negotiations and litigation. First, I received this earlier today from Bruce Burcat, executive director of the Public Service Commission:
The mediator and negotiating parties in the RFP process are tentatively scheduled to provide a report on the status of the negotiations at the Commission’s meeting scheduled for August 7, 2007. The date of the meeting has to do with the availability of the mediator and not the status of negotiations to this point. If negotiations are not concluded by that date, the Commission and other state agencies could agree to extend the negotiations for a specific period of time thereafter according to the four state agencies’ order of May 22, 2007. All three bidders are continuing to negotiate with Delmarva Power on separate tracks. The mediator’s role is to make sure that the negotiating parties continue to have meaningful negotiations and to provide the Commission and state agencies with status reports.
The PSC will take up Jeremy Firestone's motion to require more detailed reports on the negotiations next week. As for DPL's appeal, Burcat writes:
With regard to the Delmarva appeal, I can only report that there is some discussion underway to hold the Delmarva appeal in abeyance for a period of time. If there is agreement on this, then a document will be filed with the Court memorializing the understanding.
A correspondent interested in the case writes that the parties have agreed to put the litigation aside for 45 days:
As you know, on or about June 20, 2007, Delmarva Power & Light filed a Notice of Appeal in the Sussex County Superior Court, of the May 22 2007 PSC Order. That case is now docketed in Georgetown as Case #07A-06004THG, Delmarva Power & Light v. Delaware Public Service Commission.
The case is assigned to Judge [T. Henley] Graves. On July 12, there was an office conference on the case, where it was determined that there should be a stay of all proceedings for 45 days, to give the parties the opportunity to settle the case. This is in light of the current negotiations under the PSC, of course. The Order has not been issued, but it will be forthcoming.
A stay operates to suspend all proceedings in the appeal, including preparation of the transcript and filing of briefs. Unfortunately, no information is posted online about cases filed in Superior Court, at least not in this case.
The bottom line: Negotiations continue while litigation is on the shelf, at least for now. Stay tuned.


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