Harris McDowell is Having a Bad Legislative Session. And That is Good.

Filed in Uncategorized by on May 14, 2008

Program Note: Tune into WDEL around 10:00am tomorrow to hear Tyler Nixon discussing McDowell’s latest afront to the public trust with Al Mascitti.

Today Harris McDowell III tried to ram through legislation that would direct Regional Greenhouse Gas Initiative (RGGI) proceeds from greenhouse gas “cap and trade” to the SEU. Several of our astute readers were in attendance today when McDowell introduced (in committee) SB263. He was attempting to pass this legislation, sight unseen. Check it out, this bill was introduced today.

There were a few members of the public that stood up and expressed the need to review the legislation before voting it out of committee. That was enough to cause some Senators to urge the measure to be tabled, which it was. I think that this is the next domino in the Harris McDowell plan for a comfy retirement. Let’s look at this unreviewed bill:

The Secretary of the Department of Natural Resources and Environmental Control is hereby authorized to establish, implement and manage an auction program to sell CO2 allowances into a market based trading program consistent with the RGGI MOU and this statute. The Secretary shall make every effort to participate in a regional allowance auction with other RGGI states but may conduct a Delaware-only auction if such individual auction is found to be in the best interests of Delaware electric ratepayers, as determined by the Secretary, and after consultation with the Delaware Public Service Commission.

The Secretary need not establish, implement or manage the elements of the allowance auction program by regulation. However, the Secretary shall publish the elements of the auction program in the Delaware Register of Regulations no less than 60 days prior to Delaware’s participation in its first auction. The Secretary may modify the auction program as the Secretary deems necessary, but substantive modifications shall also be published in the Delaware Register of Regulations.

These are two big hunks of regulation from the full bill. Senator McDowell would like to send it to the floor without debate, review or public comment. Sadly, that seems to be about par for the course. By the way, McDowell maintains that the SEU is not out of order by operating extra-legally. I assume that Charlie Copeland is sticking by his vow to no longer attend the meetings.

Which brings me to another question, if Hairless McDowell feels like it is OK to bring up the freakin’ RGGI funding without review of his colleagues, why can’t he bring himself to submit a simple bill that would extend the SEU and fix the legal limbo that the task force finds itself in? I think that McDowell simply thinks that he isn’t accountable to anyone. Guess what Senator? You are accountable to us and we will have our say.

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  1. jason330 says:

    Great blogging Geek. I heard McDowell had Roger Roy whispering in his ear.

    What a bunch of crooks and frauds these guys are.

    Shameless.

  2. liberalgeek says:

    I just heard that Tyler Nixon, who was apparently in the room today, will be on Al Mascitti’s show tomorrow.

  3. Pandora says:

    Good job, Geek. I’m so glad people spoke up. Wonder if it would have been tabled without public intervention?

  4. Upset I missed this. Was on the phone in the foyer and left the damn voice recorder in my pocket. Should have given it to Nixon before he went in the hearing! I can only imagine McDowell’s frenzied gesticulations and redface flailing about.

  5. liberalgeek says:

    Hey Mike, if you have time, John Kowalko could use a “heavy” (no offense) to help him out in the afternoon.

    Interested?

  6. This is predictable.
    No public comment?
    Fuzzy financial picture.
    The SEU should have itself together well before they are in a position to orchestrate this kind of law. Shame on these signees.
    Cart before the horse ‘n all.

  7. cassandra m says:

    This is excellent, LG. I confess to being a little jealous of those of you with a front row seat to the goings on.

  8. LG,

    Huh? I’m serving dreaded jury duty tomorrow, so looks like I’ll have to pass.

  9. jason330 says:

    As I continue thinking about all of this, one thought keeps swirling around in my mind…

    “Man oh man – I wish we had a real newspaper in this state. “

  10. anon says:

    Al:
    Can you call McDowell’s office tomorrow on or off air to give them the opportunity to discuss the “merits” of this billl?

  11. kavips says:

    To those of you taking Charlie at His Word:

    “I assume that Charlie Copeland is sticking by his vow to no longer attend the meetings”

    He’s listed as one of the sponsors of SB263!

    Get him on the air tomorrow and ask him “You’re running for Lt. Gov. WTF?”

  12. Flaherty says that today Hocker’s House Energy Committee is covering:
    SEU SB 228 Synopsis: This Bill amends several provisions of the Sustainable Energy Utility (“SEU”) law.

    And HB 418 Synopsis: This Bill reauthorizes and restructures the Clean Air Act Title V Operating Permit fees for facilities in Delaware and allows DNREC to collect fees beginning January 1, 2009 through December 31, 2011.

  13. Al Mascitti says:

    I just confirmed that John Flaherty will also be joining us.

  14. Pat Gearity says:

    Today, Sen. Hocker’s committee will consider whether it’s ok to place sole authority for the awarding of hundreds of millions $ in the hands of a “for-profit” company. A company which would have no public oversight. A company that is not subject to FOIA. A company “overseen” on paper by a board of directors which, under last year’s law, a) has no authority to hire or fire the “for-profit” company, and b) itself has no limits on self-perpetuation, and c) has no supervisory authority over the director of that “for-profit” company. In last year’s law, the one guy named to be the Chairman of the Board is Sen. McDowell, or his designated appointee. Senator McDowell has consistently refused to disclose the sources and amounts of his personal income from his “energy consulting” business.

    Last year, SB18 passed after Sen. McDowell dropped the “for profit” option for the Contract Administrator, and substituted “non-profit”. Apparently, that change was needed in order to get the bill through the Senate. Now, the Senator is trying to return a “for-profit” company to the pilot’s chair. How much money from RGGI and RECs will go to the profits of that “for-profit” company? The law is silent. Who will decide? The Oversight Board? But the Oversight Board is a rogue entity at this point, which has been making decisions since February 1, 2008 without legal authority! The Energy Office? With what authority?

    Sen. McDowell is rushing to hire a Contract Administrator. He needs this bill passed to give that job to one of his corporate allies. Of course, he will say it could go to a non-profit. But will the RFP (Request for Proposals) disclose a limit to the profits the “for-profit” company can make from running the SEU? I’m not holding my breath and neither should you. If a certain person does not serve on the board, but instead disappears into a paid job for the “for-profit” company, who’s to know? If another pal gets the same opportunities, what’s to prevent him from shuttling consulting fees to his friend? With a private “for profit” company and no public oversight, no one will ever know.

    Please, get to the hearing today by 2:30 p.m. and let your opinions be known.

  15. anon says:

    If you can’t go, call ’em:

    House Energy and Natural Resources Committee

    Chairman: Gerald W. Hocker
    Vice-Chairman: Joseph W. Booth
    Members: V. George Carey
    Bethany A. Hall-Long
    Gregory A. Hastings
    John A. Kowalko
    Valerie Longhurst
    Nick T. Manolakos
    Diana M. McWilliams
    Michael P. Mulrooney
    William R. Outten
    Pamela J. Thornburg
    Robert E. Walls

  16. Anon says:

    There were several senators who saw through this chrade last week and voted against it. The others drank the kool aid. Can’t remember who all opposed it, but Karen Peterson did raise a number of questions for her collegues to consider before voting against it.

  17. Anon says:

    oops…the above comment was in response to Pat Gearity’s post.

  18. Frieda Berryhill says:

    McDowell is having a bad day ?

    http://www.publicintegrity.org/oi/iys.aspx?st=DE&sub=pub

    This was posted on the Internet on May 20th 2000, by the Center for Public Integrity.
    His Bad Day is LONG overdue.

  19. annon2 says:

    This is just fascinating. First, you’ve done an incredible job exposing McDowell. Your blogging on the subject has been first class. It’s right up there with Tommy wonks financial coverage of the Wind Farm. What seems incredible to me is the man’s arrogance. Then again, he sees his cash and he’s gonna find a way to get it. It’s incredibly corrupt. The problem in Delaware is we have an incumbent party that has done nothing but embarrass themselves under Miner and Democratic legislators have put their own self-interests, special interest relationships and profiteering above the public’s interest. The goal is to get elected, get a bunch of special interest cash and then a high-paying job in the industry. The problem for the public is 96% of incumbents gets re-elected. It seems the only way for this cycle to end would be some criminal indictments. We democrats might be better off in this state with some republican competition. But that seems unlikely.

  20. Awesome summary anon2. We have an inbumbency problem alright.