Home > Uncategorized > Emails Show Gas Company Virtually Owned Executive Director of Pinelands Commission

Emails Show Gas Company Virtually Owned Executive Director of Pinelands Commission

Lawyers for South Jersey Gas wrote their own ticket

The public debate over behind the scenes involvement during the Pinelands Commission’s review of the South Jersey Gas Co. (SJG) proposed gas pipeline revealed by a trove of emailsofficially kicked off yesterday at the Commission’s hearing (we wrote about that here).

[*Readers are strongly encouraged to read the emails to get a flavor of the conversation that was going on behind the scenes.]

Today, I want to focus on the involvement of SJG and how SJG and the Christie Administration defenders on the Commission are trying to spin and justify this outrageous conduct, which is far beyond traditional “agency capture” abuses.

Pinelands Commission Executive Director Wittenberg

Pinelands Commission Executive Director Wittenberg

During yesterday’s hearing, Commissioner (Zeke) Avery tried to defend the involvement of SJG and the behavior of Executive Director Wittenberg and Counselor Roth. Avery not only defended their actions, but he called for even more “communication” with applicants before the Commission.

It was obvious that he – and others – are seeking to dismiss all this as a routine practice of sharing of information.

But, as Commissioner Lloyd objected and made clear, that is NOT what happened here. This had nothing to do with sharing information.

It was about a private corporation writing the terms of a regulatory document that governed their conduct and economic bottom line.

That same Avery spin is repeated in the news today – apparently Executive Director Wittenberg even issued her own self serving press statement attacking critics of her actions.

David O’Reilly from the Philadelphia Inquirer writes a good story, see: Agency and utility under scrutiny for proposed Pinelands gas pipeline:

As we’ve written previously,  there were at least 3 options raised by the review of the SJG application. The Commission could have: 1) denied the application outright for inconsistency with the forest standards; 2) chosen to review it under the Waiver rules; or 3) to negotiate a MOA.

Those options should have been discussed publicly before any discussion with SJG on a MOA.

The decision to explore and negotiate a MOA is a significant policy decision that should have been made by the full Commission BEFORE Wittenberg and Roth negotiated with SJG. Certainly, Wittenberg and Roth should have kept the Commission – and the public – fully apprised of their negotiations.

But, while we suspected this all along, we now know that didn’t happen. O’Reilly wrote:

Some members of the policy and implementation committee said after their monthly meeting that they were unaware until recently of the extent of e-mail exchanges between commission executive director Nancy Wittenberg, commission counsel Stacey Rhodes (sic), and the law firm of Cozen O’Connor, which represented South Jersey Gas, starting in 2012.

“I certainly didn’t know about them,” longtime Commissioner Edward Lloyd, a professor of environmental law at Columbia University, said after the vote. “I think we should have.”

[*Uh Oh Ed, better be careful not to violate that gag Commissioners are under!]

The public certainly should have known as well:

Among the half-dozen members of the public who spoke Friday, Bill Wolfe of Bordentown urged the commission to “impose a moratorium” on all such MOAs while it reviewed the waiver process.

Wolfe, a former employee of the New Jersey Department of Environmental Protection, said the e-mails among Wittenberg, Rhodes, and South Jersey Gas’ lawyers “created the appearance of ‘agency capture’ by the applicant,” and that the MOA review process had been “compromised.”

And even if the Commission and the public knew of the SJG negotiations, the emails still reveal totally inappropriate involvement by lawyers for SJG an Rockland Capital, owner of the BL England power plant.

First of all, contrary to the spin of Zeke Avery and SJG lawyers, the activities disclosed in the emails are far more than the exchange of information.

The MOA was between the Pinelands Commission and the BPU, so SJG should have had no role.

The SJG application was inconsistent with the CMP standards. The MOA was the means to bring the SJG application into compliance.  As such it was regulatory document that should have been written by Pinelands Staff and mandated by the Pinelands Commission. SJG should have been in the passive position of accepting the mandates of the Commission in the MOA, not literally writing their own ticket.

The same holds for lawyers from the BL England plant, from the notorious Wolff & Samson firm of Bridge-gate fame.

SJG and BL England lawyers were reviewing drafts and modifying the language of regulatory documents they were subject too.

This involvement and the MOA were drafted occurred long BEFORE the Commission had authorized the Executive Director to even consider a MOA and without the knowledge of the Commission or the public.

Despite the fact that a draft MOA was conveyed to Ms. Roth by SJG o March 4, 2013 and included in a BPU Order issued on June 21, 2013, the public was repeatedly told that it was premature to even discuss a MOA, when in fact there had been many months of negotiations on the terms of the MOA.

How and why did the BPU include a MOA in their June 2013 Oder, months before a MOA was even publicly discussed by the Commission?

Was that decision “transparent” – as Wittenberg claims in the Philadelphia Inquirer story?:

In a statement released later Friday, Wittenberg called the attacks “pure hyperbole” driven by agenda, and said some speakers had shown “a lack of understanding of the commission’s rules and procedures,” which she called “transparent.”

Wittenberg and Roth were way out in front of the Commission and making huge policy decisions without authorization from the Commission and contrary to their pubic statements.

Instead, it is quite clear in the emails that they both were working directly for SJG, and very likely at the direction of the Governor’s Office.

Since Wittenberg and Roth work for and serve at the pleasure of the Commission, those are firing offenses.

The emails also document extensive involvement of Gov. Christie’s Office, including direct involvement in the ethics challenge of Commissioner Lloyd, which forced his recusal. We’ll get to that issue in the next post.

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  393. June 7th, 2015 at 17:57 | #393
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  395. June 8th, 2015 at 16:42 | #395
  396. June 8th, 2015 at 17:24 | #396
  397. June 8th, 2015 at 23:28 | #397
  398. June 9th, 2015 at 03:52 | #398
  399. June 9th, 2015 at 15:20 | #399
  400. June 9th, 2015 at 18:02 | #400
  401. June 10th, 2015 at 14:29 | #401
  402. June 10th, 2015 at 23:00 | #402
  403. June 11th, 2015 at 04:54 | #403
  404. June 11th, 2015 at 09:38 | #404
  405. June 11th, 2015 at 13:54 | #405
  406. June 11th, 2015 at 15:26 | #406
  407. June 11th, 2015 at 16:40 | #407
  408. June 11th, 2015 at 16:41 | #408
  409. June 11th, 2015 at 19:53 | #409
  410. June 11th, 2015 at 20:35 | #410
  411. June 12th, 2015 at 02:51 | #411
  412. June 12th, 2015 at 05:26 | #412
  413. June 12th, 2015 at 06:49 | #413
  414. June 12th, 2015 at 08:29 | #414
  415. June 12th, 2015 at 08:45 | #415
  416. June 12th, 2015 at 14:30 | #416
  417. June 12th, 2015 at 14:34 | #417
  418. June 12th, 2015 at 20:29 | #418
  419. June 12th, 2015 at 21:19 | #419
  420. June 13th, 2015 at 02:20 | #420
  421. June 13th, 2015 at 08:22 | #421
  422. June 13th, 2015 at 10:22 | #422
  423. June 13th, 2015 at 14:03 | #423
  424. June 13th, 2015 at 20:08 | #424
  425. June 13th, 2015 at 20:52 | #425
  426. June 13th, 2015 at 21:05 | #426
  427. June 14th, 2015 at 01:19 | #427
  428. June 14th, 2015 at 02:10 | #428
  429. June 14th, 2015 at 03:40 | #429
  430. June 14th, 2015 at 08:13 | #430
  431. June 14th, 2015 at 08:58 | #431
  432. June 14th, 2015 at 14:21 | #432
  433. June 14th, 2015 at 19:18 | #433
  434. June 14th, 2015 at 20:52 | #434
  435. June 15th, 2015 at 02:13 | #435
  436. June 15th, 2015 at 04:26 | #436
  437. June 15th, 2015 at 04:33 | #437
  438. June 15th, 2015 at 08:17 | #438
  439. June 15th, 2015 at 13:32 | #439
  440. June 15th, 2015 at 20:00 | #440
  441. June 16th, 2015 at 00:49 | #441
  442. June 16th, 2015 at 00:58 | #442
  443. June 16th, 2015 at 03:45 | #443
  444. June 16th, 2015 at 04:59 | #444
  445. June 16th, 2015 at 05:22 | #445
  446. June 16th, 2015 at 05:57 | #446
  447. June 16th, 2015 at 06:57 | #447
  448. June 16th, 2015 at 09:45 | #448
  449. June 16th, 2015 at 13:28 | #449
  450. June 16th, 2015 at 14:37 | #450
  451. June 16th, 2015 at 18:14 | #451
  452. June 16th, 2015 at 18:48 | #452
  453. June 17th, 2015 at 00:39 | #453
  454. June 17th, 2015 at 04:01 | #454
  455. June 17th, 2015 at 06:16 | #455
  456. June 17th, 2015 at 06:40 | #456
  457. June 17th, 2015 at 08:26 | #457
  458. June 17th, 2015 at 09:12 | #458
  459. June 17th, 2015 at 12:12 | #459
  460. June 17th, 2015 at 12:47 | #460
  461. June 17th, 2015 at 19:29 | #461
  462. June 17th, 2015 at 23:08 | #462
  463. June 17th, 2015 at 23:26 | #463
  464. June 18th, 2015 at 04:44 | #464
  465. June 18th, 2015 at 04:46 | #465
  466. June 18th, 2015 at 11:53 | #466
  467. June 18th, 2015 at 13:01 | #467
  468. June 18th, 2015 at 17:03 | #468
  469. June 19th, 2015 at 06:50 | #469
  470. June 19th, 2015 at 09:59 | #470
  471. June 19th, 2015 at 12:17 | #471
  472. June 19th, 2015 at 23:53 | #472
  473. June 20th, 2015 at 01:48 | #473
  474. June 20th, 2015 at 03:09 | #474
  475. June 20th, 2015 at 06:39 | #475
  476. June 20th, 2015 at 08:14 | #476
  477. June 20th, 2015 at 10:42 | #477
  478. June 20th, 2015 at 11:02 | #478
  479. June 20th, 2015 at 11:19 | #479
  480. June 20th, 2015 at 11:54 | #480
  481. June 20th, 2015 at 12:57 | #481
  482. June 20th, 2015 at 21:55 | #482
  483. June 21st, 2015 at 03:27 | #483
  484. June 21st, 2015 at 04:12 | #484
  485. June 21st, 2015 at 04:43 | #485
  486. June 21st, 2015 at 10:56 | #486
  487. June 21st, 2015 at 11:01 | #487
  488. June 21st, 2015 at 13:15 | #488
  489. June 21st, 2015 at 14:02 | #489
  490. June 21st, 2015 at 15:38 | #490
  491. June 21st, 2015 at 16:55 | #491
  492. June 21st, 2015 at 16:58 | #492
  493. June 21st, 2015 at 17:36 | #493
  494. June 21st, 2015 at 21:26 | #494
  495. June 21st, 2015 at 22:14 | #495
  496. June 21st, 2015 at 22:42 | #496
  497. June 22nd, 2015 at 00:46 | #497
  498. June 22nd, 2015 at 00:52 | #498
  499. June 22nd, 2015 at 01:52 | #499
  500. June 22nd, 2015 at 11:00 | #500
  501. June 22nd, 2015 at 11:44 | #501
  502. June 22nd, 2015 at 14:47 | #502
  503. June 22nd, 2015 at 17:16 | #503
  504. June 22nd, 2015 at 22:53 | #504
  505. June 23rd, 2015 at 01:12 | #505
  506. June 23rd, 2015 at 01:53 | #506
  507. June 23rd, 2015 at 02:12 | #507
  508. June 23rd, 2015 at 03:37 | #508
  509. June 23rd, 2015 at 07:53 | #509
  510. June 23rd, 2015 at 10:30 | #510
  511. June 23rd, 2015 at 13:14 | #511
  512. June 23rd, 2015 at 14:20 | #512
  513. June 23rd, 2015 at 15:17 | #513
  514. June 23rd, 2015 at 21:43 | #514
  515. June 23rd, 2015 at 23:43 | #515
  516. June 24th, 2015 at 02:52 | #516
  517. June 24th, 2015 at 04:50 | #517
  518. June 24th, 2015 at 04:52 | #518
  519. June 24th, 2015 at 05:08 | #519
  520. June 24th, 2015 at 08:43 | #520
  521. June 24th, 2015 at 13:28 | #521
  522. June 24th, 2015 at 14:00 | #522
  523. June 24th, 2015 at 15:53 | #523
  524. June 24th, 2015 at 21:52 | #524
  525. June 24th, 2015 at 22:38 | #525
  526. June 25th, 2015 at 01:55 | #526
  527. June 25th, 2015 at 03:57 | #527
  528. June 25th, 2015 at 12:45 | #528
  529. June 25th, 2015 at 22:02 | #529
  530. June 25th, 2015 at 23:59 | #530
  531. June 26th, 2015 at 01:01 | #531
  532. June 26th, 2015 at 01:51 | #532
  533. June 26th, 2015 at 12:34 | #533
  534. June 26th, 2015 at 16:15 | #534
  535. June 26th, 2015 at 22:09 | #535
  536. June 27th, 2015 at 10:32 | #536
  537. June 27th, 2015 at 12:49 | #537
  538. June 27th, 2015 at 14:36 | #538
  539. June 27th, 2015 at 19:45 | #539
  540. June 27th, 2015 at 22:25 | #540
  541. June 27th, 2015 at 23:33 | #541
  542. June 28th, 2015 at 01:04 | #542
  543. June 28th, 2015 at 03:42 | #543
  544. June 28th, 2015 at 07:56 | #544
  545. June 28th, 2015 at 08:09 | #545
  546. June 28th, 2015 at 10:57 | #546
  547. June 28th, 2015 at 12:12 | #547
  548. June 28th, 2015 at 19:34 | #548
  549. June 28th, 2015 at 20:06 | #549
  550. June 28th, 2015 at 20:20 | #550
  551. June 29th, 2015 at 05:30 | #551
  552. June 29th, 2015 at 05:30 | #552
  553. June 30th, 2015 at 08:38 | #553
  554. June 30th, 2015 at 08:40 | #554
  555. July 1st, 2015 at 06:04 | #555
  556. July 1st, 2015 at 06:20 | #556
  557. July 1st, 2015 at 08:39 | #557
  558. July 1st, 2015 at 11:49 | #558
  559. July 2nd, 2015 at 03:11 | #559
  560. July 2nd, 2015 at 12:04 | #560
  561. July 2nd, 2015 at 13:08 | #561
  562. July 2nd, 2015 at 23:15 | #562
  563. July 3rd, 2015 at 18:51 | #563
  564. July 3rd, 2015 at 23:56 | #564
  565. July 4th, 2015 at 02:48 | #565
  566. July 4th, 2015 at 06:47 | #566
  567. July 4th, 2015 at 09:24 | #567
  568. July 4th, 2015 at 20:03 | #568
  569. July 4th, 2015 at 20:39 | #569
  570. July 5th, 2015 at 07:35 | #570
  571. July 5th, 2015 at 13:09 | #571
  572. July 5th, 2015 at 14:12 | #572
  573. July 5th, 2015 at 14:52 | #573
  574. July 5th, 2015 at 22:42 | #574
  575. July 5th, 2015 at 23:37 | #575
  576. July 6th, 2015 at 08:41 | #576
  577. July 6th, 2015 at 09:01 | #577
  578. July 6th, 2015 at 09:15 | #578
  579. July 6th, 2015 at 21:05 | #579
  580. July 6th, 2015 at 23:19 | #580
  581. July 7th, 2015 at 00:01 | #581
  582. July 7th, 2015 at 05:13 | #582
  583. July 7th, 2015 at 06:46 | #583
  584. July 7th, 2015 at 15:32 | #584
  585. July 7th, 2015 at 18:35 | #585
  586. July 7th, 2015 at 21:07 | #586
  587. July 7th, 2015 at 23:16 | #587
  588. July 7th, 2015 at 23:28 | #588
  589. July 8th, 2015 at 04:06 | #589
  590. July 8th, 2015 at 04:40 | #590
  591. July 8th, 2015 at 05:45 | #591
  592. July 8th, 2015 at 05:50 | #592
  593. July 8th, 2015 at 08:36 | #593
  594. July 8th, 2015 at 09:13 | #594
  595. July 8th, 2015 at 09:16 | #595
  596. July 8th, 2015 at 09:35 | #596
  597. July 8th, 2015 at 10:19 | #597
  598. July 8th, 2015 at 16:01 | #598
  599. July 8th, 2015 at 17:15 | #599
  600. July 8th, 2015 at 18:02 | #600
  601. July 8th, 2015 at 18:04 | #601
  602. July 8th, 2015 at 20:50 | #602
  603. July 8th, 2015 at 22:57 | #603
  604. July 9th, 2015 at 01:14 | #604
  605. July 9th, 2015 at 01:20 | #605
  606. July 9th, 2015 at 02:45 | #606
  607. July 9th, 2015 at 04:31 | #607
  608. July 9th, 2015 at 07:07 | #608
  609. July 9th, 2015 at 08:33 | #609
  610. July 9th, 2015 at 09:18 | #610
  611. July 9th, 2015 at 10:01 | #611
  612. July 9th, 2015 at 10:45 | #612
  613. July 9th, 2015 at 10:54 | #613
  614. July 9th, 2015 at 13:49 | #614
  615. July 9th, 2015 at 14:32 | #615
  616. July 9th, 2015 at 15:37 | #616
  617. July 9th, 2015 at 16:15 | #617
  618. July 9th, 2015 at 17:20 | #618
  619. July 9th, 2015 at 19:45 | #619
  620. July 9th, 2015 at 21:34 | #620
  621. July 9th, 2015 at 22:38 | #621
  622. July 9th, 2015 at 23:52 | #622
  623. July 9th, 2015 at 23:53 | #623
  624. July 10th, 2015 at 01:24 | #624
  625. July 10th, 2015 at 01:41 | #625
  626. July 10th, 2015 at 03:10 | #626
  627. July 10th, 2015 at 03:55 | #627
  628. July 10th, 2015 at 04:15 | #628
  629. July 10th, 2015 at 04:55 | #629
  630. July 10th, 2015 at 05:18 | #630
  631. July 10th, 2015 at 07:21 | #631
  632. July 10th, 2015 at 08:22 | #632
  633. July 10th, 2015 at 09:25 | #633
  634. July 10th, 2015 at 10:50 | #634
  635. July 10th, 2015 at 11:21 | #635
  636. July 10th, 2015 at 12:28 | #636
  637. July 10th, 2015 at 13:11 | #637
  638. July 10th, 2015 at 13:22 | #638
  639. July 10th, 2015 at 17:01 | #639
  640. July 10th, 2015 at 20:58 | #640
  641. July 10th, 2015 at 21:06 | #641
  642. July 10th, 2015 at 21:10 | #642
  643. July 10th, 2015 at 22:04 | #643
  644. July 10th, 2015 at 23:18 | #644
  645. July 11th, 2015 at 00:15 | #645
  646. July 11th, 2015 at 01:04 | #646
  647. July 11th, 2015 at 05:43 | #647
  648. July 11th, 2015 at 08:42 | #648
  649. July 11th, 2015 at 09:04 | #649
  650. July 11th, 2015 at 09:07 | #650
  651. July 11th, 2015 at 09:24 | #651
  652. July 11th, 2015 at 11:26 | #652
  653. July 11th, 2015 at 11:34 | #653
  654. July 11th, 2015 at 21:56 | #654
  655. July 11th, 2015 at 23:58 | #655
  656. July 12th, 2015 at 00:23 | #656
  657. July 12th, 2015 at 04:30 | #657
  658. July 12th, 2015 at 04:50 | #658
  659. July 12th, 2015 at 05:05 | #659
  660. July 12th, 2015 at 06:07 | #660
  661. July 12th, 2015 at 08:10 | #661
  662. July 12th, 2015 at 08:24 | #662
  663. July 12th, 2015 at 12:47 | #663
  664. July 12th, 2015 at 14:24 | #664
  665. July 12th, 2015 at 18:02 | #665
  666. July 12th, 2015 at 18:54 | #666
  667. July 12th, 2015 at 23:23 | #667
  668. July 13th, 2015 at 01:42 | #668
  669. July 13th, 2015 at 03:23 | #669
  670. July 13th, 2015 at 04:36 | #670
  671. July 13th, 2015 at 04:38 | #671
  672. July 13th, 2015 at 04:43 | #672
  673. July 13th, 2015 at 05:15 | #673
  674. July 13th, 2015 at 05:32 | #674
  675. July 13th, 2015 at 07:59 | #675
  676. July 13th, 2015 at 09:03 | #676
  677. July 13th, 2015 at 09:24 | #677
  678. July 13th, 2015 at 09:36 | #678
  679. July 13th, 2015 at 09:53 | #679
  680. July 13th, 2015 at 12:33 | #680
  681. July 27th, 2015 at 13:49 | #681
  682. August 1st, 2015 at 09:01 | #682
  683. December 12th, 2016 at 12:54 | #683
  684. December 13th, 2016 at 13:17 | #684
  685. January 6th, 2017 at 14:52 | #685
  686. February 20th, 2017 at 12:58 | #686
  687. July 19th, 2017 at 13:40 | #687
  688. July 22nd, 2017 at 05:15 | #688
  689. October 16th, 2017 at 10:56 | #689
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