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from the Caesar Rodney Institute:

 

Lawsuit against the Bloom Energy Deal to be Heard Next Week

Wilmington- The lawsuit against the Bloom Energy deal approved by Governor Jack Markell and five members of the Public Service Commission will be heard at the US District Court on Wednesday, November 14, at 2 PM. The hearing will be in Courtroom 6C on 844 North King Street in front of Judge Christopher J. Burke. The hearing is open to the public, and all are encouraged to attend.

The plaintiffs are John Nichols and Fuel Cell Energy of Connecticut. Mr. Nichols is a citizen who believes his rights as a taxpayer and local resident are being violated as a result of a government-backed deal to provide over $600 million in taxpayer stimulus. Fuel Cell Energy believes they were unable to sell their products in Delaware because Bloom Energy had already been chosen to take the deal offered by the government.

The plaintiffs are being represented by Cause of Action, a non-profit which works to protect the public and taxpayer interests in favor of government accountability and transparency. The Caesar Rodney Institute provided expert testimony in Mr. Nichols’ hearing at the Coastal Zone Industrial Control Board on June 13 of this year. CRI’s testimony and research data on the Bloom Energy deal will be considered as part of the lawsuit.

Please contact:

Barrett Kidner

Chairman and CEO

(302) 734-4935

bek@caesarrodney.org

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Some of you have probably thought to yourselves sometime recently, “whatever happened to the lawsuit against Governor Markell?” After accusing us of being a right-wing think tank who opposes jobs for the middle class, Team Markell has asked for an extension of time to respond to the Cause of Action Lawsuit. No official word on whether the five named members of the Public Service Commission have responded to the suit, but we believe they too have asked for an extension to review the lawsuit. None of them commented on the case at the time it was filed.

Additionally, Mr. Nichols filed an appeal of the Coastal Zone Industrial Control Board’s (CZICB) decision last month to deny him standing to pursue a grievance against Bloom Energy. His court date against them will be in September. A win for John means the CZICB will have to re-hear John’s case. A win for the CZICB means the decision in June will stand, and no further challenges can be made.

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Please read the following guest post from the Green Explored blog by Lindsay Leveen:
I attended the InterSolar trade show in San Francisco on Thursday.  It looks like the sun has set on US photovoltaic companies.  90% of the companies exhibiting PV cells in the show were from Asia (mostly China with a sprinkling from Japan and Korea), 8% from Europe and 2% from the US.
The mood at the show was somber given the extremely low prices that PV systems are fetching these days.  Many companies are losing much money and there is an air of pessimism that many of the players in the PV supply chain will fold.
The biggies in the US, First Solar, Sun Power, and Sun Edison did not exhibit.  Of course Solyndra, Hoku, and Abound could not exhibit as they are as dead as doornails.   BrightSource the US solar thermal company did not exhibit either.   GE did exhibit and so did SolarWorld.  The show should have been held in Shanghai as it simply was not a showcase of our North American PV technology.  Canadian Solar was an exhibitor but for all intents and purposes they are a Chinese company.  Attending the show made me feel sad about the current state of the US PV industry.
The most interesting item to me in the entire show was a booth that the owner had actually vacated but had left his exhibit remaining there.  It was a tiny booth perhaps 4 feet deep by 8 feet wide in a far off corner of the hall.  In the vacated booth there was a white direct current powered 14 cubic foot chest freezer that was made in China.
This got me thinking that wow this is the right technology for a village in a poor country where a freezer is needed for a clinic or a small grocery shop.  Operating the freezer on PV power with direct connection (no inverter needed) to a brushless DC motor makes all the sense in the world.  The Freezer also acts as the energy storage (in this case cold storage) device and while the sun shines the motor will drive the refrigeration compressor  and for the rest of the time the chest that is well insulated keeps food cold without the need for power.
No doubt that soon the Chinese will sell millions of freezers powered with brushless DC motors and the small set of PV cells that are needed to power the unit.   This like cell phones will bring enormous improvement to the quality of life of folks who live in rural villages in poor countries.
I have oft opined that A 123 will be a goner.  Well that day is getting closer and closer.  Today their stock closed at 84 cents a share and they simply cannot continue for much more than five or six months.  Of course Al Gore and his Fisker team will try to not let their battery supplier A 123 die before the Presidential election in November.
Valence Technology another lithium ion battery company in the US went into chapter 11 bankruptcy this week, following Ener 1 that went bust a few months back.  A 123 is the sole remaining US lithium ion battery company and they are basically on life support.
A US listed but primarily Chinese funded solar company Hoku also called it quits this week with a partially built factory in Idaho.  Hoku was pretty stealthy with Chinese backers who were building a $700 million polysilicon facility in Pocatello.   This link from the Hawaii Free Press is very revealing.
I wonder if Secretary of Energy Dr. Chu attended the Intersolar show or had some of his folks at the department of entropy attend the show.  If he or his reports attended, I wonder if they left the show as dejected as I did feeling that the state of the US clean energy companies is pretty much at full discharge.  The wealth has been spent and little to no success is evident.
I hope there is soon a show for shale oil and gas companies that comes to San Francisco so I can get a boost of energy and feel like there is hope for us in America.  Interestingly it was reported today in the San Francisco Chronicle that the DOE is funding two Bay Area research projects for the improved storage of compressed natural gas as a transportation fuel.   The level of funding two the Bay Area companies totals about $1 million.  Given that Chu wasted about $50 billion on his other hair brain green tech schemes the natural gas research funding is a proverbial drop in the fuel bucket.  But sometimes a drop can make a difference when the underlying thermodynamics are favorable for energy to be yielded.

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