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Community Corner

Compel Testimony from Cape Light Compact

Please provide a copy of this correspondence and attachments to the town or county counsel; the town or county administrator; and all members of the Board of Selectmen, Energy Committee and Finance Committee.

Re: Barnstable County Assembly of Delegates Discusses AG's Motion to Compel Testimony from Cape Light Compact / Unanimously Approves Motion to Direct the Speaker to Send a Letter to the AG / Delegates Cakounes and Killion Co-Sponsor Resolution for Assembly to Hire Independent Counsel on Matters Relating to CLC


July 7, 2014

Dear All,

At the most recent meeting of the Assembly of Delegates on July 2, 2014, the Assembly discussed some recent activity in DPU's proceedings to review the petition of the Cape Light Compact for approval of its Revised Aggregation Plan (see DPU docket 14-69 here: http://web1.env.state.ma.us/DPU/FileRoom/dockets/bynumber).

More specifically, the Assembly discussed the difficulty encountered by the Attorney General in obtaining information from the Cape Light Compact during the Discovery.  After CLC refused to provide information in response to the Attorney General's discovery requests, the AG filed a Motion to Compel, asking the DPU to compel CLC to provide the testimony.

In response to the AG's Motion to Compel, the Cape Light Compact filed a Response, reiterating its reasons for refusing to provide the information to the AG and asked the DPU to block the AG's discovery process on most of the items.

[Please also note that on the same day as the Assembly meeting, unbeknownst to the Assembly, the AG has since filed a Reply to CLC's efforts to block discovery, dated July 2, 2014, stating that the AG believes that CLC's "Opposition is, quite simply, a collection of red herrings."

The AoD meeting of July 2nd may be reviewed here: http://new.livestream.com/barnstablecounty/assembly.   The AG's new Reply dated July 2, 2014 may be accessed in the DPU file room at the link provided above.

Discussion of these issues by the Assembly begins approximately at Minute 8 on the video record, as Delegate Leo Cakounes explains why he asked the Speaker to put these documents on the Agenda and expresses his concerns.  Mr. Cakounes states that he wanted members of the Assembly and the public to be aware of these actions and that he is concerned about the implications for county government.  Mr. Cakounes states that he believes that it ought to be discussed by the Assembly and suggests that the Assembly seek advice from appropriate counsel.

The Assembly held a brief discussion on the history of the Assembly's involvement with CLC and the potential ramifications of the Attorney General's argument that CLC may be collecting an "illegal tax" from ratepayers and making an "inequitable distribution" of the benefits from the mil adder funds that it collects from all CLC ratepayers.

Delegates Cakounes / and James Killion proposed a joint Resolution asking the Speaker to provide a list of three reputable firms to act as independent counsel to the Assembly and that the Assembly choose one of the three by majority vote (i.e. counsel other than county counsel). 

In discussion, Mr. Cakounes and Speaker Bergstrom noted that the County Commissioners approve all expenditures of the Cape Light Compact and that the County Commissioners had acted to veto the Assembly's prior requests for assistance from the Attorney General and the Inspector General.  Both Delegates observed that since the County Counsel also represented the County Commissioners in this disputed action and other matters related to the Commissioner's role as Fiscal Agent to CLC, that it is appropriate for the Assembly to be advised on these matters by independent counsel.

Speaker Bergstrom proposed a separate Resolution that the Assembly vote to approve a letter from the Speaker to the Assistant Attorney's General who filed the Motion to Compel in the DPU proceedings.

After discussion, the Assembly moved and seconded a request that the Speaker draft and send a letter to the AG conveying the sentiments that he read into the record as his proposed Resolution.  The motion was unanimously approved without further discussion.

As a result, the Speaker will now send (or has sent) a letter to the Office of the Attorney General expressing the concern of the Assembly and offering any appropriate assistance in the AG's efforts to determine the fundamental legal nature and propriety of the mil adder charge. 

It is expected that the Assembly will then consider the proposed Resolution for the Assembly to hire an independent legal counsel to advise the Assembly on potential legal implications for the County and the Assembly.

Eric

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