By TIM FAULKNER/ecoRI.org News staff
Newport resident
Benjamin Riggs Jr. had one of his two complaints against wind energy in Rhode
Island turned back Thursday.
His Aug. 22 complaint
filed against the Deepwater Wind project off Block Island was denied by the
Federal Energy Regulatory Commission (FERC). Riggs had urged FERC to reject the
20-year power-purchase agreement between Deepwater Wind and National Grid
because of an alleged violation of the Federal Commerce Clause.
FERC responded with a
“Notice of Intent Not to Act,” meaning the commission declines an enforcement
action but allows Riggs to take legal action in Rhode Island. Riggs said he is
considering how to proceed. He estimated that a court decision would take six
to nine months.
Deepwater Wind issued
a statement soon after FERC's decision. "We are pleased that FERC
acted so quickly to dismiss this baseless complaint. The Block Island Wind Farm
and Transmission System will lead to significantly lower power prices on Block
Island, something that is very important to the residents of that island. We
are moving full speed ahead to make that a reality, and we hope that the
opponents of clean energy will move on too," wrote Jeff Grybowski, chief
administrative officer for Deepwater Wind.
Riggs has filed
another complaint against a wind-energy project. On Sept. 11, Riggs filed a
complaint with the attorney general’s office alleging fraud and corruption
involving the Economic Development Corporation (EDC), the East Bay Energy
Consortium (EBEC) and the town of Bristol. Riggs requested an investigation
into an “unlawful scheme” to “tax” Rhode Island utility bills in order to
benefit the nine EBEC communities — there are now eight; the Bristol Town
Council recently voted to leave the
consortium. Riggs also alleged that private wind developers have been unfairly
excluded from a project to construct an eight- to 10-wind turbine project in
the Tiverton Industrial Park.
The attorney
general’s office said the complaint is being reviewed. “Our office is still
trying to figure out what the complaints are,” said Amy Kempe, spokeswoman for
Attorney General Peter Kilmartin.
In 2010, Riggs
challenged the power-purchase agreement between National Grid and Portsmouth
for its sale of electricity from the high-school turbine. In October 2011, the
state Division of Public Utilities and Carriers disagreed with Riggs and
allowed the net-metering purchase agreement to stand.
Riggs is a retired
manufacturing executive. He actively opposes wind turbines because of their
cost to ratepayers and his assertion that they lack environmental benefits.