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Why Did Christie BPU Keep Economics of Pines Pipeline Gas Deal Secret?

December 16th, 2013 No comments

BL England Plant Gets Below Market Rates and Millions in Subsidies

South Jersey Gas Seeks Rate Increase Before Pipeline is Even Built

South Jersey Homes and Businesses Will Pay More To Subsidize BL England

Corporate Profits Prevail Over Public Interest

Today, a new era of accountability and transparency is here.” ~~~ Gov. Chris Christie, Inaugural speech, Jan. 19, 2010

Compliance and Ethics Program: Since our company was founded, we have had a reputation for being an honest and fair company with which to do business. Over time, we have demonstrated the ability to operate transparently by establishing policies and procedures that ensure integrity and fair business practices. ~~~ South Jersey Industries

[Update below]

On November 29, 2013, South Jersey Gas announced their request to BPU for a huge rate increase, which would cost the average homeowner, at least $18 per month:

Should the full amount of the request be approved, a typical heating customer’s monthly bill at 100-therms would increase by $18.43, from $128.31 to $146.74.

For context of how much gas 100 therms is, consider the fact that the proposed Pinelands pipeline to BL England  is designed to carry 20 million therms per year – so, doing the math, the proposed rate increase, if applied equally to the BL England plant, should be a whopping $307,176 per month.

But that ain’t gonna happen – businesses and homeowners will see huge rate increases while BL England gets cheaper gas and exempted from energy taxes and charges.

That’s right – BL England will pay far less for gas than other south jersey businesses and homeowners. All while consumers pay for the lion’s share of a $100 million private gas pipeline dedicated to the BL England plant, as well as the $8 million bribe to the Pinelands Commission to get it approved.

Is that all part of SJG’s “honest and fair business practices”?

The SJG rate increase request appears to include an up front recovery of the full costs of the controversial $100 million Pinelands pipeline, which was scheduled to begin construction in 2013.

Do typical local construction contractors get paid up front for work not even done yet? (see the controversial Christie policy that allowed that:  GAS UTILITIES LOOK FOR RAPID RECOVERY OF COSTS FOR UPGRADING INFRASTRUCTURE)

This filing primarily seeks to recover costs for $553 million of necessary infrastructure investments made to enhance the safety and reliability of SJG’s system that will have been and will be spent between September 2010 and the end of 2014. 

But regardless of whether this huge SJG rate increase reflects the costs of the proposed Pinelands pipeline, why did Board of Public Utilities (BPU) keep the economic details of a below market gas deal between South Jersey Gas Co. (SJG) and the BL England plant (BLE) secret?

Is that part of Gov. Christie’s “new era of transparency”?

Here is the secrecy provision from the BPU’s April 29, 2013 Order:

(Source: BPU Order April 2013)

If you look at the fine print of you gas and electric bill, you might see that as a consumer of energy, you pay a very small per unit energy consumed fee  known as the “Societal Benefits Charge” –  that funds clean energy programs is NJ. It cost a homeowner a few dollars a month, but large energy consumers, like the BL England plant, could pay millions of dollars a year.

So why did BPU grant BL England millions of dollars of subsidies from exemptions from charges like the Societal Benefits Charge, paid by all other energy consumers?

Here are the exemptions from the BPU Order:

(Source: BPU April 2013 Order)

Could that secrecy and all those millions of dollars in subsidies and loopholes it be the result of insider access and revolving door lobbying of well connected former officials?

Consider the fact that BL England’s lead legal Counsel is John Valeri, now at Wolff Samson – a former lawyer from the Whitman Governor’s Office and EPA.

So it is almost certain that Valeri’s inside access produced these kind of results, which provide huge corporate profits but are strongly not in the public interest or those of south jersey ratepayers.

Did Mr. Valeri work on any energy issue while employed by the Governor?

Why aren’t any of these issues investigated or reported in the press?

Are there any intrepid reporters out there? There are at least 3 huge stories here –

  • corporate subsides, tax breaks and loopholes – while small consumers get screwed
  • secret regulatory deals
  • revolving door access from former Governor’s Office lawyers and questionable ethics

Hello!

Update: 12/19/13 – Looks like BL England got a much better deal from BPU and that south jersey consumers got screwed, compared to this deal in central Jersey. South Jersey consumers pay 60% of the $100 million pipeline, which is dedicated to the BL England plant. The Cape May “reliability” crap is cover for that ripoff. On top of that abuse, south jersey consumers pay far more for gas than BL England does::

N.J. Natural Gas strikes long-term deal to provide service to Sayreville power plant

“Red Oak, a natural gas-fired plant, will be responsible for the cost of connecting to NJNG’s distribution main, which now runs within 600 feet of the facility.

New Jersey Natural Gas, which is a subsidiary of New Jersey Resources, said its customers won’t pay for the cost of connecting or providing natural gas service to the plant.” – end update]

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The Christie Administration’s “Veil of Silence”

November 24th, 2013 No comments

Today, a new era of accountability and transparency is here.” ~~~ Gov. Chris Christie, Inaugural speech, Jan. 19, 2010

As a core mission of PEER is government sunshine and accountability, I got a kick out of just reading this Star Ledger story today on a situation in a private treatment center for children:

‘VEIL OF SILENCE’

Advocates for children’s rights are asking why the Department of Children and Families did not tell the public what it had found until the newspaper inquired eight months after inspectors visited.

“I don’t understand what the big veil of silence is, and I don’t think there’s any excuse for it,” said Peg Kinsell, policy director at the Statewide Parent Advocacy Network. “Public money should not be going to abuse our kids.”

Kinsell said lawmakers should require that the department proactively make problems at these treatment centers public.

“They all need way more sunshine,” she said.

Problems with lack of transparency and accountability are not limited to the Department of Children and Families.

From Gov. Christie’s Rebuild Czar to his Red Tape Czar, to his DEP “customer friendly” negotiations, the Christie Administration is the least open, participatory, and transparent administration I can recall in my near 30 year experience with NJ state government.

The Administration has refused to appear before legislative oversight Committees, refused to meet with the Star Ledger editorial board, refused to make Lt. Gov. available to press, and they are serial abusers of the Open Public Records Act.

Most recently, I heard from multiple sources that there was a state government wide gag on public appearances in the run-up to the election.

So, I fired off this email to the Ledger reporter, Chris Baxter, in hopes of followup:

Hi Chris – Good story. I suggest you do followup on the “veil of silence’.

I have many examples and have been told by reliable sources that an edict was issued from the top, some recent high profile examples:

1) Dept. of Health and Senior Services not allowed to present findings of a health survey in Pompton Lakes regarding toxic pollution impacts on public health from Dupont site;

2) DEP and DHSS failed to meet with local government and residents in Roxbury regarding Fenimore landfill problems, including health risks;

3) Pinelands Commission scientists not able to testify on impacts of controversial $100 million gas pipeline;

4) DEP scientists gagged in responding to health risks from toxic train derailment in Pauslboro, as a result, incorrect and misleading info given to the public and emergency responders;

5) DEP scientists and NJ Drinking Water Quality Institute prohibited from even meeting, since September 2010

There are many, many more examples – this is egregiously wrong yet no news coverage at all!

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Asking a Climate Question at a Christie Press Conference

February 8th, 2013 No comments

 From Sandy Climate and “Strategic Retreat” Denial and News Blackout

To Headlines – in 24 Hours

*Christie Imposing Warped Priorities, Remains Clueless on Governing and Planning

Tank Man 

[*Important Update below]

[Update: 6/9/22 – I may have been a victim of propaganda on Tank Man – I have not investigated this issue and make no statements of my views, but post this in the interests of free speech and inquiry, see:

Governor Christie called on me at his press conference on Feb. 5 in Union Beach and I asked him this question:

“Governor: President Obama issued an Executive Order to coordinate the federal response to Sandy. It emphasizes the need to plan for future storm risk from climate change, extreme weather, and sea level rise. 

Similarly, yesterday, recognizing Sandy as a climate change wake up call, NY Gov. Cuomo pledged a $400 million program to buy out flood prone properties. 

Given that you have not engaged climate change, NJ’s open space fund is broke, and DEP has ignored multiple warnings from scientists and actually reduced the priority on coastal hazards in NJ coastal zone management program, do you think NJ is at a competitive disadvantage in receiving federal funds just approrpriated to the various federal agencies, who will review NJ’s rebuild plans subject to the Obama EO policies?  Question posed to Gov. Christie In Union Beach by Bill Wolfe, 2/5/13
 
Wolfe attended Christie’s event Tuesday and tried to ask the governor a follow-up question on that specific issue but was shot down by the governor, who said, “I’m not answering your question because you’re not in the press.”
Quickly followed by:

Rebuilding standards at Jersey Shore must reflect climate change, experts say 

 

A day after Governor Christie dismissed questions about whether climate change fueled superstorm Sandy, scientists maintained Wednesday that global warming and sea level rise must be taken into account when rebuilding the Jersey Shore. (Bergen Record 2/6/13)

Gov. Christie: New Jersey considering buying flood-prone neighborhoods

 

SEA BRIGHT — Gov. Chris Christie said today he wants the state to use a portion of the federal Sandy aid money coming to New Jersey to buy up whole neighborhoods prone to flooding. (Star Ledger 2/7/13)

 

I’d like to take credit for some of this abrupt change in the focus of the news, especially regarding the Governor’s failure to address climate change and “strategic retreat” in his single minded pursuit of Sandy rebuild (AKA “Rebuild Madness“), the Obama Executive Order (which has been completely ignored by NJ press), and the Cuomo comparison, which I’ve written extensively about (most recently, see this on Obama and this on Cuomo).

[this story got national attention via this Think Progress piece by national climate expert Joe Romm: Christie Has Time For Super Bowl But Not ‘Esoteric Question’ Of Whether Climate Change Fueled Superstorm Sandy]

But what really broke the news blackout and forced the Governor’s hand was NY Gov. Cuomo’s leadership, the President’s Inaugural remarks, and especially the NY Times’ Sunday page one story about Cuomo’s $400 million plan:  Cuomo Seeking Home Buyouts in Flood Zones

That just illustrates both the power of the NY Times to set the news agenda and the lap dog nature of the NJ press corps, who seem to be either incapable of asking complex questions, or just flat out cowed by and afraid of Christie.

Now if the story can stay in the news for more than a 24 hour news cycle, and not be driven out by Snooki or a snowstorm,  and the Trenton environmentalists can come out from either hiding under their desks or trolling for Open Space stewardship money, and the Democrats can grow a spine, then maybe we can have an adult discussion about developing a regional plan for the coast and make some progress in responding to climate change.

[Important Update – my good friend BC just sent me today’s Bergen Record article, which significantly alters the optimistic stuff implied above with respect to the Gov. possible embrace of a buyout program and “strategic retreat”.

Christie says he’s reluctant to buy out flood-prone homes without neighborhood consensus

 

Governor Christie said Thursday that he would be reluctant to use federal Sandy aid to buy out flood-prone homes unless whole neighborhoods come to a consensus on their own.

“If you’re going to do it, you need to buy out an entire neighborhood,” he said during a visit to the shore by President Obama’s point-person for Sandy rebuilding, Shaun Donovan. “Because if you buy two or three homes in the neighborhood that flood and you leave the other 15 or 20 or 40, you’re back in the same position in terms of paying for damage in the long haul.”

Christie’s comments, made a day after Donovan announced New Jersey would get $1.8 billion in Sandy aid, stand it contrast with a proposal by Gov. Andrew Cuomo of New York to spend as much as $400 million for a voluntary buyout program that would target damaged, flood-prone homes in the most vulnerable coastal areas. Cuomo’s proposed program would offer homeowners pre-storm market value for their homes and keep the land undeveloped.

Christie has said he wants to use the first installment of Sandy aid for homeowner and small business grants to rebuild coastal communities — none for buyouts — and for an advertising campaign to get summer tourists back to the shore.

This confirms exactly what I suspected and have written about:

1) The Governor’s priorities are warped

Business grants and advertising campaigns should be LAST in line for scarce dollars, not FIRST.

The Legislature must step in and redirect these priorities. ASAP!

People are still homeless and Governor Christie wants to provide business grants? Are you kidding me?

2)  The Governor is clueless about planning and governing

I don’t disagree with the Gov. that the best approach is a buyout of an entire neighborhood.

But these locations must be targeted, regional, and limited to certain highly vulnerable places.

But the Gov. wants neighborhoods to come to consensus on their own?

How are people supposed to be aware of risks and costs, and magically come together and forge a voluntary consensus on a neighborhood buyout?

Are they supposed to spontaneously meet at the local coffee shop , deli, or ginmill?

Government needs to take the lead and organize a planning process to allow this important dialogue to emerge. Government needs to not only establish this planning process, but structure and guide it within policy parameters and enforce it via regulations (use a carrot and stick, in the conventional vernacular).

Christie has no clue how to do this, because he knows nothing about planning, because he appointed a Czar and cares only about power and control, and because he hates government intervention in private markets.

The Legislature MUST step up and hold an intervention.

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Now and Then (from Wallace to Christie)

April 27th, 2011 No comments
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Year of Rollback, Retreat, and Appeasement – Christie Worse Than Whitman 1994

December 28th, 2010 No comments

The year 2010 began with low expectations for environmental progress.

We started in the wake of Obama’s disaster at the global warming treaty collapse at Copenhagen; with deep disappointment with Congressional Democrats’ inability to enact real reforms despite huge majorities in both Houses; and under a dark cloud cast by the election of  NJ Governor Chris Christie.

But remarkably, events actually were worse than anticipated, while we broke new ground on the appeasement front.

Needless to say, we have been very closely following the Christie Administration – and we’ve exhaustively documented a monstrous record.

In sum, we see 5 deeply disturbing trends:

  • Christie is engaged in systematic environmental rollbacks and attacks on regulation and government. There are indications that Christie’s policy and politics have become a model for fellow Republican Governors and Tea Party extremists;
  • the environmental community’s largest groups are asleeep or in retreat (with the exception of Jeff Tittel of Sierra Club, Environment NJ, and, more recently, the Highlands Coalition);
  • the NJ Environmental Federation is engaged in appeasement;
  • the press hasn’t even scratched the surface or tried to hold the Governor accountable;
  • the Democrats in the legislature either support the Governor or don’t have the spine to take him on (with the exception of Senate Majority Leader Barbara Buono).

So here is the NJ 2010 year in review – a monthly calendar of major events followed by Wolfenotes.com (for national issues, visit the DC PEER site).

Our first installment covers the campaign, transition, and first quarter of 2010.

We set the stage for 2010 and begin with 2009 campaign and post election transition lowlights:

Campaign issues

Post Election transition: 

January

February

March

Come back tomorrow, when we present the second quarter of 2010.

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