Quote by Wallace Stevens.

In my case, Bloom is obviously referencing the new site occupying the railroad tracks on the site of the ex-Chrysler manufacturing plant. If you saw today’s News Journal, you probably saw the piece regarding the lawsuit being brought against it.

Sigh. I guess the election was the moon passing before the sun… a major drama extinguishing interest in the sunspots occupying the suns surface at the time…

(Explanation of that metaphor: a total eclipse is an unnerving event if ever experienced. However it does no damage as neither would the shadow of a passing cloud. However, our entire solar system and particularly our electrical, communications, and space technologies, live and die by explosive sunspot activities. Where and when a burst does occur, can have a profound impact upon us, far more severe than an eclipse in the Indian ocean off Australia might. But an eclipse will dominate our entire thought process, the same as our election blocked very important local matters from our view; matters that have far more effect on Delaware than says who wins the 4th or 19th Senate might.)

The complaint is filed by John Nichols, clone extrodinaire of the Caesar Rodney Foundation. This foundation is a quasi information function set up by unelectable Republican operatives to offer false evidence against scientific principals… They are primarily known for saying Global Warming is a hoax created by Al Gore because they have proof it has since snowed in Pakistan; no kidding here so yeah, you know the types.)

Bloom Energy wants to build a manufacturing spot on the East Coast… Their operation will probably be as big as the Chrysler operation was during its heyday. The equivalence of this in scale, is that if we had lived in the horse and buggy days (1911), and someone wanted to introduce a new technology to manufacture an item called the horseless carriage, we would probably have the ancestor of John Nichols, along with a company specializing in rubber buggy bumpers, around to interfere with the investment of THAT, too… (In other words, nuisance lawsuits are allowed by our Constitution although complaining against REAL progress as such, benefits no one.)

What are Bloom boxes? If you don’t know, here is an interesting video that fairly quickly explains not only how they work, but gives you the vision of just how important they can be if Delaware jumps on the bandwagon first….

The Bloom boxes create electricity while providing heat and hot water to neighboring businesses, and creates little pollution.

With that in focus, one can see that a vendetta against science of which John Nichols is the tip of the spear, is simply that. The use of false science conveniently made up by the Cesar Rodney Institute, to dismantle a viable economic program that actually has no real cost to John Nichols or anyone else…

Here is the complaint that was filed…. I should note it is being helped along by a major competitor of Bloom Energy, called FuelCell Energy, based out of Danbury, Connecticut. So in this odd combination, we have a non science proponent, teemed up conveniently with a competitor who gains prodigiously if Bloom is shut down. Instead of duking it out in the market place, FuelCell Energy has jumped on this case to metaphorically pull a King Herod, … kill all babies two years or less in Bethlehem…

The complaint has three legs.

The first is violation of the Commerce Clause. FuelCell cannot come in and compete.

The second is John Nichols is being forced to pay more to Delmarva for electricity than is market.

The third is equity issues. These charges would be paid by Delmarva customers but not by Tidewater or other company’s customers.

So we will respond to all three.

The first complaint is that REPSA (Renewable Energy Portfolio Standards Act) violates the commerce clause because it restricts unfettered business across state lines. This may appear worthy on the surface of such a claim, but this particular claim totally fails to justify how not regulating greenhouse gases was not in the interest of every state resident. In fact, the complaint does not mention the greenhouse equation at all. The REPSA was the legislature’s acknowledgement that considerable costs to society derive from its use of energy. Any accounting for one’s energy cost, in fairness must include the total cost to society, and not just the cost of the fuel…

Bluntly put as a rudimentary example. I could pour fuel oil into a hole dug in my backyard, set fire and keep it burning indefinitely. However, my fumes would sicken my neighborhood and spread for miles around. I might pay back some of those costs to society upon going to the hospital the next time I got sick, in paying them the higher fees that my risk had created… But in my own world, I could say, I’m free, this is cheap. In the larger picture, someone else is paying dearly for my freedom and my cheapness….

So, for those who know the players, it is obvious that this is little more than a philosophical measure being brought to penalize an imaginary enemy of “liberals”, who dared enable legislation that marginalizes profits of someone’s patron: the petrochemical companies…. It has nothing to do with John Nichols paying an extra dollar or of FuelCell being competitive.

Here is why. The Commerce Clause gives the Federal Government the right to regulate commerce between the states; (hence for future reference it will be called the “interstate commerce clause” here as is common practice.) The question in this case becomes: why would the Federal Government want to?

Doing so would disrupt a major economic deal in works, a big negative. It would prevent the gigantic manufacturing facility from being built, a big negative. It would eradicate the possibility of over a 1000 building and manufacturing jobs, lasting for at least 21 years, a big negative. It would delay the implementation of the Carbon Control program, a big negative. It would create environmental hardship, by continuing unabated the current CO2 levels possibly leading to higher oceans and storms like Sandy, a very big negative.

The argument being given in this complaint, states that FuelCell Energy, “could have” provided a competitive bid. But because of this legislation, it now cannot do so….

On the surface this may appear to have merit. However, once stepping back, it is laughable in its reality. Along the same lines as this argument, would we allow some of Middletown’s center city businesses to void their obligations on their legal requirements, simply because Wal*Mart moved and built a gigantic operation on the outside of town? Of course not! Timing of the signature on a contract, is a very important part of any equation.

In the perfect Conservative dreamworld, if FuelCell had competed at the time we were negotiating with Bloom and presented a lower rate, and had we not months ago signed an agreement with Bloom, (even though that still would have been within our prerogative), their case could be stronger. But to come suddenly too late, and say annul the agreement, is again, laughable based on the basic tenants of contract law. It would be as if married to my spouse, and suddenly a new prospect transfers into my employment, and angrily demands my marriage be annulled,… Why? …So they can have a fair, equal chance to compete… Uhh, excuse me, Honey; if you’d been here through the courtship, your pleas then could have been considered. But to annul a marriage just because “you didn’t get your chance”? As I said, in business such lawsuits are unfortunately allowed under the Constitution. So hopefully this one gets thrown out with no major expenses incurred by Delaware taxpayers.

The second plank of the complaint is that John Nichols will have to pay more for electricity than is the current market price. As mentioned above, his market in the case, is smaller than the market considered by REPSA. All health benefits, all savings due from clean energy, all savings from keeping the ocean as low as it is, all quality of life issues, are included in the cost under REPSA. Paying cheap fuel, then getting hit with a $250,000 medical bill is not cheaper, for anyone. Better to pay slightly more per kilowatt, and have NO medical bill! That is the wisdom behind REPSA.

REPSA is sanctioned by our government. It is the will of We, The People. John Nichols may not consider himself to share in the view of the majority of Delaware’s population. That is his right. However, we too, are under no obligation to also be forced to share the view of one crackpot minority. Global warming is real, and the majority acted to do something about it.

Secondly, the issues being brought by John to augment his case, would continue to be in place regardless of whether Bloom or FuelCell Energy was providing this same option. Costs would be closely the same. Pollution would be the same. The contract would be the same. If FuelCell had wanted a piece of this market, they should have made a cold call. The only difference between FuelCell and Bloom is jobs. Bloom will build a plant that hires 1000 people in Delaware for 21 years. FuelCell Energy builds its boxes in Connecticut. We will grow jobs there while spending the same cost we would be paying Bloom here….

As a state, “We the People” have the option to choose the best deal for ourselves. 1000 people working at $50,000 a year pumps, $50,000,000 into our economy. Over the course of twenty one years, a little over a trillion dollars will be plunked directly, infused into Newark’s economy. That investment must be coupled alongside any cost to determine what will be the true benefit Bloom Energy provides us, We the People who live in this state’s confines….

So when John says he will pay more for electricity, he is wrong because whoever takes Bloom’s place will charge him the same, yet the economic recovery which benefits everyone, would be absent. The net loss or cost, would be far more than John is complaining about now.

The final point of his complaint, is equity issues. John says the costs of this deal only apply to Delmarva Power customers. They won’t apply to those customers who opt out on one of the green plans Delmarva offers, or those on City power grids, or those on grids downstate under other private companies’ ownership.

Again, John is looking just at the surcharge. He is not counting the fact that Delmarva Power Customers pay less than do others whose grids have to buy smaller, higher priced amounts. Those entities lacking the negotiating power of Delmarva, pay more already. For John’s argument to have merit, the court must require all companies to charge all Delawareans the same. Despite that fact that regional distribution differences (it costs more to provide power further away from the source) would rather severely penalize the other companies. Therefore, because costs vary, if you decide that the other companies are to be “allowed” to charge what they need, then that same rule must also apply to Delmarva Power. It “needs” to charge more for Bloom energy.

John’s argument is just out of luck. On its merits alone, the court will decide to dismiss.

Now, let’s look at the extenuating factors.. This is the fun stuff. FuelEnergy just ten days ago, announce a huge deal with a South Korean consortium to provide fuel cells there. For it to make Delaware’s fuel cells, we would have to wait an awful long time.

FuelCell is rapidly becoming the monopoly in the fuel cell wars. John is playing right into their hands in reaching out to them to join him here. They would like nothing better than for Bloom to go out of business. Bloom is scheduled to begin returning on its investment this year…

Fuel Cells are tailor made for the East Coast. No pollution using cheap natural gas, they can be fired up providing electricity during peak times right where it is needed. When peak demand hits at 2:30 pm on a summers day, these boxes can kick on, easing the load of the grid, quietly, pollution free, no CO2, right where they are needed. In fact, one can imagine these boxes on top of skyscrapers, providing an entire building’s energy needs, as well as providing its heat, and hot water too. Putting a coal powered power plant in the heart of Manhattan is not an option. Yes, the demand is such; these boxes will sell….

Western State Connecticut University is powering such a building beginning December this year. In this article the University’s administration brings up their hope to teach fuel cell technology to their students. The proximity of Bloom to the University of Delaware, also creates the possibility of creating a hub of fuel cell technologies spinning of the Bloom plant and expert talent from the University.

Here is the op ed piece place in the Washington Times by John Nichols. Obviously it is a one side attempt in a business friendly paper to drum up support for getting rid of the Greenhouse Gas Initiatives. Bottom line: most people don’t want to give up and throw in the towel on global warming, especially if we can fix it for only pennies a day.

Here is a fuel cell up and running in Orange County California. It’s by-product is hydrogen which is used in gas stations to power hydrogen cars from LA to San Diego.

Here is what FuelCell Energy is working on in South Korea. It will be the largest fuel cell manufacturing plant of its kind. Soon, we may be giving our technology edge to Korea thanks to FuelCell Energy who is providing the expertise for this South Korean adventure.

Finally, the lawyer representing John Nichols and FuelCell Energy is part of a DC operation that tends to be one sided on their lawsuits. Cause of Action by its name alone, suggests a history of barrity… the legal equivelent of ambulance chasing.

I was more intrigued with Amber D Abbasi’s case here, than with the case on unsure footing she filed here in Delaware….. Again, the evidence there too does not decide in her favor. There is a valid reason two lesbians who want to artifically inseminate with a mutual friends sperm, must have it tested, whereas married heterosexual couples who already would have shared any risks of STD’s between, would not necessarily need to….

Bottom line, It is probably a good thing overall that this lawsuit over Bloom Energy was recently filed. Just to reiterate again to Delaware’s public (and prove Rick Jensen wrong) just how good this deal will be for all of Delaware as soon as it gets moving forward, barring anymore litigation from the Dinosaur’s Anonymous wing of the Anti-Global Warming Club.

Wow. For a small state, we sure got more than our fair share of kooks here, didn’t we?

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