The Governor has Responded!

After 80 days since the lawsuit was filed, Governor Markell and the Public Service Commission have finally responded. Attorneys for both parties are arguing that since Fuel Cell Inc. has not actually made an attempt to do business in Delaware with its fuel cell technologies, they therefore have no right to complain about not being able to do business.

Then again, if the state had not shut out all competitors as soon as they decided they were going to award Bloom Energy the 21 year contract, perhaps outside businesses would have made an attempt to do business. Perhaps they saw the actions of the Legislature and decided investing in Delaware wasn’t worth it if they weren’t going to have a shot at getting business. To be fair, we will never know.
Additionally, from the News Journal:

“The lawsuit claims the Bloom deal requires one class of Delaware residents, Delmarva Power customers, to pay higher rates. This, the plaintiffs claimed, violates the Equal Protection Clause of the Constitution’s 14th Amendment.The state and PSC argued it does not. All Delaware utilities are subject to renewable energy purchase requirements, they argued. The fact that Delmarva is the only electric distribution company governed by the Delaware PSC does not amount to discrimination, they argue.”

John Nichols, the other plaintiff, has said making Delmarva Power ratepayers pay more to subsidize the fuel cells aka “energy servers” is unfair because it singles them out for payment. The government is saying that since all utilities are subject to being required to buy renewable energy, it’s only a matter of when, not if, that particular utility company is chosen.

Don’t forget Bloom Energy still has about $530 million in subsidies, which they get even IF the contract is cancelled for any reason. THIS IS GUARANTEED MONEY. The thought of having the joy of seeing another utility company push higher rates on consumers to subsidize this technology does not make our hearts flutter here at CRI.

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