Send in your own responses ASAP to the PSC and DPA!
Dear PSC and DPS Staff,
Attached are the Iberdrola Plans as presented for Q1. The mention of company direction and increase in profits, as well as acquisition are contained therein. Also please find the perception of the company to New York and the record time to gain authorization from FERC, and successful resolution of the situation in NY?????
Iberdrola Plans
"Now, I'm just going to briefly talk about the situation of the authorization processes of our transaction with Energy East, updating what we already said when we talked about the results for -- at the beginning of 2007.
At that time, we said that we had obtained all of the Federal authorizations for that approval. Now the competition, the Hart-Scott-Rodino, the Federal Communications Commission, the FCC, the Exon-Florio authorizations, and those of the Federal Energy Commission, the FERC, we have obtained all of these in a record time, I believe. We've also obtained the authorizations from different States, in Connecticut, New Hampshire, Maine, Massachusetts. Massachusetts we didn't need that authorization, actually.
What is left? Well, we still need in New York. New York, we said that the objective was to achieve this in the first semester, the first half, of 2008. We believe that we still can obtain that authorization within this first half of 2008.
And now, specifically, talking about that situation in New York, we're trying to reach an agreed solution with the technical services of the Commission. And we're trying -- we've tried to do this on a number of occasions, but it was not possible. So we had to go to an arbitration situation on the regulation. So in this proceeding, on March 16 to March 20, we expressed our different conditions as the technical [depotes] in the -- from the Commission. On April 11 we presented our writ and then we have 10 days to respond and make the -- make a different response to what the Commission's technical services have stated.
We also should mention that the Commission's technical services wanted to delay the process due to those speculations, those rumors, on corporate moves regarding Iberdrola. The judge said that this was not justified -- this delay was not justified unless there was specific proof that an operation was imminent.
Therefore, as we all know, that is not the case. Therefore, this situation has been resolved. So we're focusing now on the writ that we need to respond to what the Commission has said. At the end of May, according to the schedule, a administrative judge will have to make a recommendation to the Commission. This is not binding, but it is a very good indication of where things will -- the path things will probably take, not in terms of the technical services of the Commission, but the Commissioners themselves. The Commission itself has to take a decision in this connection.
There's no calendar set up, they don't have any time limit, but we will expect that this will take place in June. But as we said, we don't have any guarantee because they do not have a deadline. If the decision is favorable and the conditions are reasonable, as we expect, and we do get this authorization in June, then, immediately we will close the transaction.
Thanks very much for your attention. And now our Economic and Financial Director will take the floor. Thank you."
The DPS Staff should be applauded for their diligence and should continue to investigate and question and demand real answers, not nonanswers!! No one should be allowed to produce plans after a PSC approval or continue to use trade secrets as an excuse to hide pertinent information from the PSC and DPS.
The trade secret information DOES impact the economics in New York State as per the Q1 Iberdrola! It could jeopardize NYS's huge resource of oil and gas in Western NY and Homeland Security of our Energy Infrastructure! A negative determination in SEQR for this Foreign Acquisition and all its Secrets is against the purpose of 617.
"It was the intention of the Legislature that the protection and enhancement of the environment, human and community resources should be given appropriate weight with social and economic considerations in determining public policy, and that those factors be considered together in reaching decisions on proposed activities. "
With all the nondisclosure and/or disclosure of plans after approval and nondisclosure of economics based on Trade Secrets, how does the PSC, acting as lead agent, allow a Negative Determination? Where was the PSC's Notice for Lead Agency Status? DEC ENB- I couldn't find it? Notice of Public Input for SEQR?
If Iberdrola is in arbitration with the PSC, who is representing the public and how can the public continue to input?
With Iberdrola's recent full page ad in the Rochester Democrat and Chronicle of "1st" and the recent change in name of UPC Wind to FIRST Wind, along with Community Energy's ties via projects to both UPC Wind and Global Wind Harvest, should the information shared by the public under PSC Cases involving Windfarm Prattsburgh, Cohocton Wind and Dutch Hill, and many many others, be added to this Case? Especially with the continued acquisition of wind projects as mentioned in Q1. And what about gas/oil exploration in Western NY?
Please accept this letter and the Iberdrola Plans attached as part of the public input.
For Transparency,
Alice Sokolow
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