Gearity To Senate Energy Committe: No More Secrecy, What Is McDowell Costing Taxpayers?
Gearity rightly points out that we are paying for McDowell’s various ploys and schemes to undermine Wind Power.
April 22, 2008
Senator Harris McDowell, Chairman, Senate Energy & Transit Committee
Senator Catherine Cloutier
Senator Charles Copeland
Senator Robert Marshall
Senator Karen Peterson
Senator Robert Venables, MembersDear Senators:
Attached is a Request for Documentation submitted to the Senate Energy & Transit Committee today by Citizens for Clean Power, a nonprofit citizen group based in Lewes, Delaware. We are deeply concerned about the amount of money spent by the Committee for the hearings and report regarding the Bluewater Wind PPA. As citizens and taxpayers, we believe we are entitled to receive and review the copies of the original documentation described in the attached Request.
Notwithstanding the absence of a Freedom of Information statute permitting citizens to receive the information requested herein, we believe the circumstances surrounding the decision to hold hearings and the resulting substantial expense provide adequate justification for a prompt, complete and transparent response.
Your cooperation in this matter will be most appreciated. If you and your staff require any further information to respond to the attached Request, please feel free to contact me.
Respectfully yours,
Patricia E. Gearity
Citizens for Clean Power
PO Box 96
Harbeson DE 19951
Email: gearitylaw@earthlink.netCc: Executive Committee, Citizens for Clean Power
Here is the Request:
To: Members of the Senate Energy & Transit Committee:
Chairman Harris McDowell, Sen. Catherine Cloutier, Sen. Charles Copeland, Sen. Robert Marshall, Sen. Karen Peterson and Sen. Robert Venables
From: Patricia Gearity, Citizens for Clean Power, Lewes, Delaware
Date: April 22, 2008
Re: Request for documents
Please provide the following on or before May 2, 2008. As the “Client,” Members of the Senate Energy & Transit Committee, or its Chairman, may waive any and all rules pertaining to attorney-client confidentiality, which might be otherwise asserted by counsel representing the Committee. Unless specified otherwise, all documents requested should include copies of the back as well as front sides.
This Request should be considered to be ongoing. Please supplement as future documents responsive to this Request are received.
1 – A complete and legible photocopy of all documents authorizing payment of a sum certain of money by any state agency, legislative office or other governmental office of the State of Delaware for the purpose of obtaining attorney or legal services for the Senate Energy and Transit Committee, for or on behalf of the Chairman or any Member or staff person of said Committee, beginning December 1, 2007.
2 – A complete and legible photocopy of the check or draft evidencing payment of an initial retainer to Randall L. Speck, Esquire, or his law firm, or both of them, regarding services to be rendered to the Chairman or any Member of the Senate Energy and Transit Committee.
3 – A complete and legible photocopy of the signed agreement evidencing the employment of Randall L. Speck, Esquire, or his law firm, or both of them, with regard to the hearings before the Senate Energy and Transit Committee on the Bluewater Wind PPA in February and March, 2008.
4 – Complete, legible and unredacted photocopies of all bills, statements of fees and costs, timesheets, invoices and other documentation describing services rendered and expenses incurred, date of service or expense incurred, time spent, fees or costs charged, and payments made for services rendered by Randall L. Speck, Esquire, his law firm, law firm staff, investigators, consultants, witnesses, research and any other person working in conjunction with Mr. Speck regarding the hearings on the Bluewater Wind PPA in February and March, 2008.
5 – Complete, legible and unredacted copies of all correspondence, payments, emails, memoranda, telephone requests for payment, invoices, bills, statements, receipts, vouchers, and any other documentation evidencing fees and expenses submitted by any witness who appeared at any of the hearings held before the Senate Energy and Transit Committee in March, 2008.
6 – Complete, legible and unredacted photocopies of all documents showing all person(s) in authority who reviewed the documents described in Requests 4 and 5 above for the purpose of authorizing payments for services or expenses referenced.
7 – Complete, legible and unredacted copies of all authorizations to pay witnesses or prospective witnesses for fees and expenses incurred regarding hearings held by the Senate Energy and Transit Committee between February 1, 2008 and April 1, 2008, including but not limited to authorizations for payments for transportation, hotel, meals, copying costs, telephone and cell phone charges, computer and media-related expense, time spent by the witness or prospective witness in conversations, consultations, conferences, review of documents, research, preparation of written materials, preparation of testimony and presentation of testimony.
8 – Complete, legible and unredacted copies of bills, invoices, statements and any other documentation of services performed by, costs incurred by or payments made to any person not described in Requests 4, 5, or 7 above and related to the Senate Energy and Transit Committee hearings on the Bluewater Wind PPA, beginning December 1, 2007. This request does not include wage or salary information for secretaries or regular staff of the General Assembly. It does include, but should not be limited to, documentation of services such as videotaping and editing work, transportation to and from the hearings, long distance telephone and fax charges made by staff, and payments directly to the Chairman or any Member of the Committee.
9 – Complete, legible and unredacted copies of any and all bookkeeping records and monthly statements submitted to the Legislative Council, or any Member of the Legislative Council or to the Financial Officer of the Senate describing funds expended on the Senate Energy and Transit Committee hearings in February and March 2008 regarding the Bluewater Wind PPA.
10 – Photocopies of any and all documents evidencing an official request for hearings by the Senate Energy & Transit Committee into the Bluewater Wind/Delmarva Power PPA.
Dear Senator Marshall on behalf of of all the Marshalls in Delaware, please provide this information to the public. Thanks. Brian
“Notwithstanding the absence of a Freedom of Information statute permitting citizens to receive the information requested herein, we believe the circumstances surrounding the decision to hold hearings and the resulting substantial expense provide adequate justification for a prompt, complete and transparent response.”
Just send the FOIA request to Sen. Copeland. I have a recording of him saying that any statute affecting the Legislature enacted in one legislative session is null & void in the next Legislative session.
Therefore, the FOIA exemption for the Legislature is null & void and Copeland would be required to give you just about any info you want.
Of course, it was all bullshit on Copeland’s part. He based it on one weird ruling by a DE judge over 2 decades ago, a case that has not served as case law for anything, although I’ve been using it as a coaster for the soda pops I guzzle in my office. He just brought it up to give himself an excuse for not signing the petition to release SB-4 from committee as he explicitly promised to do on 2 occasions. He needed an out because, as we all know now, the DE GOP strategy is only to run on open government and not earnestly try to enact it.
Still, it would be fun if the FOIA request was sent to him so we could see what new sophistry he would concoct to wiggle out of REALLY acting like he believes in open government.
We appreciate Gearity’s letter which is a reasonable request on behalf of the people of Delaware. We have every right to see the paper trail and the money trail. The committee members surely will want to demonstrate their “clean hands.”
Start connecting the dots. Sustainable Eenergy Utility-dot-SEU oversight board-dot-Green Energy Fund-dot-Regional Greenhouse Gas Initiative money-dot-Bond Money-dot-Delaware Energy Office-dot-Request for Proposal from Delaware Energy Office for Contract Administrator-dot-Harris McDowell-dot-Ralph Nigro-Applied Energy Group-dot-John Byrne-dot-Randall Speck-dot-Delmarva Power. As was said on Laugh-in decades ago, “Very Interesting”.
Interesting that you mentioned John Byrne. It is murky, but my sense is that the U of D is not a good actor in this.
Byrne’s role needs some more digging.
I’ll bet Alan Mullen has a lenghty file on Byrne…he’s has long thought not everything was above board w/JB (as he likes to be called).
Great letter, now lets see what the dimwits do? How long can they protect McDowell Inc? Surely some of the “progressives” in the group should be stand up, and copy every document that committee ever presented–what ever documents he/she has…present them, no excuses.
UD also includes two of the most involved “good actors”: Willett Kempton and Jeremy Firestone. Agreed, however, that JB is oh so tight with McDowell, was his right hand in drafting the RPS, and for some ‘mysterious’ reason refuses to admit that the off-shore wind project is consistent with his climate change views and goals. But -and it’s a big but :<) – I think his goals are varied and if all those dots can be connected so there is an understanding of the SEU funding and where all the money comes from and goes to, clarity will come to this issue. People are working very hard for disclosure of this information, but they are being thwarted.
Thanks to Pat Gearity for the above–doing an incredible job!
UD also includes two of the most involved “good actors”: Willett Kempton and Jeremy Firestone. Agreed, however, that JB is oh so tight with McDowell, was his right hand in drafting the RPS, and for some ‘mysterious’ reason refuses to admit that the off-shore wind project is consistent with his climate change views and goals. But -and it’s a big but :<) – I think his goals are varied and if all those dots can be connected so there is an understanding of the SEU funding and where all the money comes from and goes to, clarity will come to this issue. People are working very hard for disclosure of this information, but they are being thwarted.
Thanks to Pat Gearity for the above–doing an incredible job!
sorry for the dup.