In Re Review of Proposed Town of New Shoreham Project
2011 R.I. LEXIS 50
| R.I. | 2011Background
- Petitioners CLF, Toray, and Polytop seek certiorari review of a PUC order approving a amended PPA for an offshore wind project between National Grid and Deepwater Wind.
- PUC reviewed the amended PPA under the Long-Term Contracting Renewable Energy statute, §39-26.1-7, as amended in 2010.
- The August 16, 2010 PUC order found the amended PPA met statutory preconditions for approval.
- Attorney General initially pursued certiorari but withdrew after taking office; standing issues remained for CLF, Toray, and Polytop.
- Court concluded Toray and Polytop are aggrieved parties with standing; CLF not, and its petition for writ of certiorari was quashed.
- Merits of the PUC decision were not reached due to standing disposition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Toray and Polytop have standing to seek certiorari | Toray/Polytop suffer economic injury from above-market costs | Toray/Polytop lack personalized injury and are not in a rate case | Toray and Polytop have standing |
| Whether CLF has organizational standing to challenge the PUC decision | CLF members will be harmed by climate impacts; injury in fact | CLF lacks direct injury and seeks abstract policy relief | CLF does not have standing for certiorari review |
| Whether the case falls under a rare public-interest exception to standing | Public interest justifies considering merits despite lack of standing | No rare exception; standing required | Majority declines to apply rare public-interest exception to CLF; merits not reached |
Key Cases Cited
- Blackstone Valley Chamber of Commerce v. Public Utilities Commission, 452 A.2d 931 (R.I. 1982) (standing requires injury in fact; aggrieved concept)
- Newport Electric Corp. v. Public Utilities Commission, 454 A.2d 1224 (R.I. 1983) (standing based on injury in fact; aggrieved party)
- Rhode Island Ophthalmological Society v. Cannon, 113 R.I. 16, 317 A.2d 124 (R.I. 1974) (recognized standing principles for organizational challengers)
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167, 120 S.Ct. 693, 145 L.Ed.2d 610 (U.S. 2000) (organizational standing where members would sue individually; germane interests; litigation not requiring individual participation)