A watchdog legal group is claiming victory in a settlement over claims that Delaware played favorites in the deal that brought Bloom Energy to Delaware.
A federal court in Delaware approved a settlement agreement between FuelCell Energy, Inc., and Delaware Governor Jack Markell regarding the state’s Renewable Energy Portfolio Standards Act.
Cause of Action filed the action on behalf of FuelCell.
Under the terms of the settlement, Delaware’s Public Service Commission (DPSC) will allow competition across state lines with respect to fuel cell manufacturers.
Cause of Action Executive Director Daniel Epstein issued the following statement:
“Today is a great day, not only for clean energy manufacturers, but for innovators and entrepreneurs everywhere who wish to compete on an even playing field. This settlement should send a message to government officials that fair interstate competition is a cornerstone of the U.S. Constitution.”
The office of Governor Markell issued the following statement:
“While the state has strong defenses to the complaint, we also realize it is not always advantageous to spend significant time and money litigating a case in federal court when we have the ability to reach a resolution that satisfies the interests of all parties. The resolution we reached in this case accomplishes that objective.”
The complaint was filed in 2012 with Connecticut-based FuelCell Energy alleging it did not get a chance to compete for a deal that brought a Bloom Energy factory to the state.
The agreement called for Bloom to sell electricity generated by Bloom fuel cells. The power was feed into the grid, with Delmarva customers picking up the added cost of the alternative power source.
Cause of Action describes itself as non-profit, nonpartisan strategic oversight organization committed to ensuring that government decision-making is open, honest, and fair.
Cause of Action has ties to conservative funding sources, like the Koch Brothers, the Los Angeles Times reported.
The organization’s website home page carries a photo of Presidential candidate Hillary Clinton, with the tagline “what is she hiding”
The Times reported that the FuelCell lawsuit was handled free of charge by Cause of Action.
The Caesar Rodney Institute, a public policy group in Delaware, supported the lawsuit when it was filed.
