Statement Regarding Records Requests and Clarity on Process


Dated: July 14, 2014

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Statement in Connection with Records Requests and Clarity on Process

July 14, 2014 – The Conservation Law Foundation (CLF) has reported to the press that it has sent the same or similar record requests to state government officials in various government agencies in each New England state and to NESCOE. CLF has already obtained thousands of records from state agencies and will obtain all records, in duplicate given the nature of CLF’s approach, to which it is entitled under the state laws of Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont from state officials in each of those states. NESCOE is a notfor- profit corporation that facilitates collaboration among the six New England states in connection with regional wholesale electricity matters. NESCOE is not a state government agency and is not subject to the state laws CLF references.

Please refer to for recent material on concepts the six New England states are together exploring to address threats to New England power system reliability and associated consumer cost implications that puts New England at a competitive disadvantage relative to other regions and neighboring states. Please also refer to the page labeled “Regional Infrastructure” for additional material and to the page labeled “Gas-Electric Exchange” for all material relevant to New England’s Gas-Electric Focus Group.

We add for clarity in light of misinformation that CLF has provided to the press that NESCOE does not produce an energy plan. Indeed, NESCOE has no decision-making authority in connection with any state energy plan or the Regional System Plan adopted by ISO-New England, Inc. Further, NESCOE has no authority to approve or implement any element of any type of energy infrastructure proposed project. Proposed energy infrastructure projects are reviewed, approved, modified or rejected by various state and federal government agencies pursuant to state and federal laws and regulations in the context of state and federal proceedings.

There will be many opportunities for input in a variety of state and federal forums on potential solutions to the energy challenges facing New England, including an opportunity for comment on draft competitive solicitation documents. A competitive process will enable the New England states to determine, as an initial matter, whether any potential projects can provide consumer benefits that outweigh consumer costs, and therefore merit further consideration in state and federal forums.