Interesting Theory

If two volcanos go as did Krakatoa at both ends of the San Andreas fault close to the same time, could it be enough for the Big One?

Kilroy thinks so and I am inclined to agree. Call it a sixth sense. I’ll be looking forward to seeing if this mystical sense of certainty is indeed as real as old philosophers have impuned, or if it alas is just a figment of my imagination, which my rational side has insisted all along…

🙂

But one can’t be a seer without making a prediction…

Dear Delaware Office of Public Integrity:

Margaret O’Neill Bldg
Suite 3
410 Federal St.
Dover, DE 19901
Ph(302)739-2399
FX(302)739-2398

Being observant of the law, I have several questions I wish to ask of you relating to Senator Harris McDowell and the report coming out of his committee that slams Bluewater Wind.

I know that you are besieged by citizen’s requests at this time because of the recent turn of events, but would like to hear back from you on these matters.

My questions will pertain to, as following this brief background of your statement of policy.

The General Assembly finds and declares:

(l) In our democratic form of government, the conduct of officers and employees of the State must hold the respect and confidence of the people. They must, therefore, avoid conduct which is in violation of their public trust or which creates a justifiable impression among the public that such trust is being violated.

(2) To ensure propriety and to preserve public confidence, officers and employees of the State must have the benefit of specific standards to guide their conduct and of some disciplinary mechanisms to guarantee uniform maintenance of those standards. Some standards of this type are so vital to government that violation thereof should subject the violator to criminal penalties.

Thank you for your indulgence. First question is this.

If:

(1) No state employee, state officer or honorary state official may participate on behalf of the State in the review or disposition of any matter pending before the State in which he has a personal or private interest, provided, that upon request from any person with official responsibility with respect to the matter, any such person who has such a personal or private interest may nevertheless respond to questions concerning any such matter. A personal or private interest in a matter is an interest which tends to impair a person’s independence of judgment in the performance of his duties with respect to that matter……

Then how is the conduct of Harris McDowell while chairing the Senate Energy and Transit Committee hearing on Bluewater Wind, not a violation of the principals listed above?

Question 2:

If:

(2) A person has an interest which tends to impair his independence of judgment in the performance of his duties with respect to any matter when:

a. Any action or inaction with respect to the matter would result in a financial benefit or detriment to accrue to the person or a close relative to a greater extent than such benefit or detriment would accrue to others who are members of the same class or group of persons; or

b. The person or a close relative has a financial interest in a private enterprise which enterprise or interest would be affected by any action or inaction on a matter to a lesser or greater extent than like enterprises or other interests in the same enterprise.

Then how is the conduct of Harris McDowell while chairing the Senate Energy and Transit Committee hearing on Bluewater Wind, not a violation of the principals listed above?

Question 3:

If:

(1) No state employee, state officer or honorary state official may represent or otherwise assist any private enterprise with respect to any matter before the state agency with which the employee, officer or official is associated by employment or appointment.

(2) No state officer may represent or otherwise assist any private enterprise with respect to any matter before the State.

Then:

Despite the understanding that members of the General Assembly are not included in either the definition of either state officer or state employee..……How does the actions of State Senator Harris McDowell, who presided over what two very respected Senators publicly called a one-sided hearing, and witnesses have publicly acknowledged that openness was not tolerated in trying to find the one best solution to Delaware’s energy challenge….

How do these actions not heinously violate the principals stated above?

Question 4:

If:

No person who has served as a state employee, state officer or honorary state official shall represent or otherwise assist any private enterprise on any matter involving the State, for a period of 2 years after termination of his employment or appointed status with the State, if he gave an opinion, conducted an investigation or otherwise was directly and materially responsible for such matter in the course of his official duties as a state employee, officer or official.

Then:

How can Senator McDowell’s brazen attempt to pummel Delmarva’s interests over those of 90% of Delawareans, and not allowing any input from those same 90% of Delawareans, be considered as anything but “representing or otherwise assisting any private enterprise on any matter involving the State”?

Question 5:

If:

(1) Any person who knowingly or willfully violates any provision of this section shall be guilty of a misdemeanor, punishable for each such violation by imprisonment of not more than one year and by a fine not to exceed $l0,000.

Then:

How is it that Harris McDowell and others guilty of collusion are exempt from this clause in the law?

Question 6:

If:

(3) The Superior Court shall have exclusive jurisdiction over prosecution for all criminal violations of this section.

Then:

Can any citizen or citizen’s group including, but not limited to the ACLU, Common Cause, Citizens of a Better Sussex County, The Audubon Society of Delaware, The Green Party of Delaware, The Sierra Club, or any other; file claim in the Superior Court of Delaware to determine by legal means whether or not, the Public Integrity Law of Delaware was not-adhered-to in this case?

Question 7:

If:

No state employee, state officer or honorary state official shall accept other employment, any compensation, gift, payment of expenses or any other thing of monetary value under circumstances in which such acceptance may result in any of the following:

(1) Impairment of independence of judgment in the exercise of official duties;

(2) An undertaking to give preferential treatment to any person;

(3) The making of a governmental decision outside official channels; or

(4) Any adverse effect on the confidence of the public in the integrity of the government of the State.

Then:

How is a group of substantial campaign contributions coming from one such interest, under the appearance of a questionable quid pro quo, not a violation of the Public Integrity Law?

Question 8:

IF:

(c) No state employee, state officer, or honorary state official shall acquire a financial interest in any private enterprise which he has reason to believe may be directly involved in decisions to be made by him in an official capacity on behalf of the State.

Then:

How does passage by the Senate of SB228, which could benefit one Senator Harris McDowell, who as head of a Green Energy Consulting Business, which is a “for profit” entity which can now be in charge of and oversee the dispensing of over $100,000, 000 of Renewable Energy Credits, not a direct benefit to one Harris McDowell and those members of his committee which he chooses to appoint to his board of directors?

Question 9:

If:

(1) “Lobbyist” means any individual who acts to promote, advocate, influence or oppose any matter pending before the General Assembly by direct communication with the General Assembly or any matter pending before a state agency by direct communication with that state agency, and who in connection therewith either:

And (2):

(a) Every lobbyist shall register with the Commission in a lobbyist docket and file, at that time, the authorization from his employer as required by § 5833 of this title. A person who qualifies as a lobbyist in accordance with § 5831(a)(1)a. or b. of this shall register prior to performing any acts as a lobbyist. A person who qualifies as a lobbyist in accordance with § 5931(a)(1)c. of this title must register within 5 days after so qualifying, if not already registered as a lobbyist.

Then:

Why was Randall Speck, who represented unequivocally McDowell’s one-sided view, allowed to cross examine state employees on video tape which was not legally cleared by any other state agency, and not allowing any such cross examination by other registered lobbyist or registered attorney friendly to the interests of those state employees being cross examined also on that same video tape, allowed to do so without signing up with the Public Integrity Office as a lobbyist, which according to law, must be done if he is to collude or is to be involved with any part or portion of the Senate Committee of Energy and Transit’s hearings or events?

I reserve to further more questions in the future.

Although some affected by your investigation may impute that I have self interests in finding these answers, I would rather deflect all queries to your judgment as to whether, or not, the very integrity of the Public Integrity Office will be at stake, if these actions are allowed to go unchallenged.

At the behest of good government, I look forward to your reply.

You may answer here, in a public forum, if you wish………..

Sincerely:

Outside The Perimeter: HCR38 Edition

Courtesy of Department of Defense

The most notable event that took place in our recent blogosphere, was the unceremonious “fuck you, assholes” sent by the Delaware House of Representatives (25 to 11) to those turds in the Senate, who are, and have been for too long,….. clogging up the plumbing of good government. By now, all should know that Charlie Copeland, Harris McDowell, Tony DeLuca, and Thurman Adams, are impersonating the Four Whoresmen (sp?) of the Apocalypse, responsible for keeping Delaware from becoming anything more modern than…………a feudal government.

Gloom and Doom opened the morning of the tenth. The News Journal and WDEL both took the fake, went chasing after a foul ball, and ran squarely into the right field fence. Anyone reading past the headlines would have instantly realized that something was wrong, There was nothing lurking in the background to back the headlines. It was a rumor gone wild. Someone had whispered that the wind farm was in mortal danger.

“What?” “The wind farm is in danger?” “Oh, No!”……..

But no report was out, said both news sources, but fortunately for us, four senators were squealing to the press about the issue.

What? Four Senators? Could it be?……Were we about to see the New Age reincarnation of the four Whoresmen of the Apocalypse? Was Armageddon just around the corner?

The News Journal named no names but gave background quotes from 4 sources…..Can we guess? “Desk Drawer” Adams? Harris McDowell? Tony DeLuca? Charlie Copeland? My………………………..how did you know? What amazing powers of prognostication you all possess! (That could, in part, be why you are bloggers).

So as we listened to Karen Petersen stammer from having been aroused too early in the morning (session went late the night before), things didn’t sound so good, Especially everywhere one turned, something was being said about the end of the windfarm……..

But those of us in the know, saw it as a concerted effort by four people. A quick look at the math, leaves 783,596 Delawareans still unaccounted for.

Any basketball team losing 4 to 783,596, would never be considered, even by its most ardent believers, as sitting on the edge of an upset!…………Some of us are wondering why those within the media, who should be immune to this type of fake out, were so gullibly sucked in……..

Tommywonk set them straight on Loudell’s Noontime broadcast, notable for being the first guest in recent memory, that Loudell has allowed to go over his time limit, during an interview without pulling the plug…….. Meanwhile, down south, Maria Evans was filtering through the News Journal story as well.

This flap had occurred just on the toes of Delmarva releasing their on shore prices for renewable wind energy. Or lets say they issues a perspective…..a rosy perspective…..an almost too rosy of a perspective to be taken with a grain of salt………This was quickly debunked by several of Delawares bloggers as purporting to buy wind energy from windmills whose building rights on the tops of mountains, were not even proposed?

And then, HCR 38 went to a vote. Tommy has the scoop on how it happened. as well as does John Kowalko. It came out………… in favor of Bluewater Wind by a vote 25 to 11. Almost all of the 11 came from Sussex County, and were Republican……..Looks like no help will be forthcoming from Dave for these notorious bashers of Dave Burris and backers of John Atkins. Sussex County is wind country. Don’t believe me? Just ask Lynn Bullock?

There is no doubt that Harris McDowell is tearing up all of the fabric of compromise within the second smallest state, in his all out scorched earth attempt to kick out Bluewater Wind.

Dana at Delaware Watch, sings the praise of one committed Legislator, intent on working for the people of his district, unlike his compatriots in the Senate, who have sold their people “out”. That’s the problem with keeping politicians in office too long. It is only inevitable that they eventually, they spoil like a ripe papaya

There has been a surge of spirit among those willing to take on the sad state of affairs known normally as Delaware Politics. Strange events are occurring. People are not willing to sit back and just take it anymore. Many will wonder where this spirit is coming from, and why it suddenly manifests itself among us……..But some of us know exactly from where it comes ….and will fight to keep that free spirit alive.

Delaware Politics.Net has absolutely nothing on Bluewater Wind this past week. Too occupied with “being bitter” and like the rest of us, they are nostalgic for 1999. When Republicans start fondly reminiscing about 8th year of a Democratic president, during the middle of the 8th year of a Republican one, you know something has broken down somewhere in their philosophy.

However all friendly kidding aside, they, along with JTTR, and Rick Jensen, are taking on the 10% cuts being forced upon our educational departments. This is an issue. Schools are being asked to give back money as well as every other state government entity. Dave asks if that is fair? Is it the best option on the table? Dana shows us where that money is going to. Take it from the schools and give it to………….Kilroy has a better answer…..Translate that feeling into action……Steve Newton takes the message directly to the source. Obviously our soon-to-be-retired Governor, having heard Allan Loudell who seems to be the only one mentioning the catastrophic food shortages, (that quite possibly has the potential to change our global political landscapes relatively soon), is worried that in her retirement, she will run out of Kraft Macaroni & Cheese. Stay tuned for a photochop of Minner enjoying her retirement dinner, with a twenty years stash stored behind her. Those of you who are parents, get yourselves ready for conversations such as this: “Dad,” “Yes, son,” “Why did you let the governor eat up all our school’s money?” If you are prepared, your answer should go like this……”Well, once upon a time…..It all started off when four people got together, and all of them had funny names. Their names were Tony “On The Take” DeLuca, Charlie “No Wind Here” Copeland, Harris “I love Delmarva” McDowell, and “Desk Drawer Adams”…………………” (more to come later)

From the Libertarian side of things, Shirley shows us that there are other people in this world who also have brains, balls, and the know-how to use both, other than Tyler Nixon. Figures this link would come from the “Live Free or Die” State. What is it with small states having the most vocal Libertarian contingents?

Thank heavens some one is finally getting wise.What a beautiful day

Bet it wasn’t a beautiful day for these people in Berks County, PA. (There is a highly recommended YouTube clip in this post’s comment section.) Obviously some laws are still subjective when it comes time to met out their punishments……

Alan Coffey lays the Republican hypocrisy right on the line with this post. Don’t forget, up until just last November, we were going to bomb them…….

Delaware Libertarian has a short post (Yes Duffy! It’s true……Check it out… 🙂 ) about how an above mentioned controversy will impact our local politics. Try as you may to simplify and reduce it further, it can’t be done……..

Along the same lines…..Duffy has some similar advice about finding simple solutions to big problems: always check the registry, and then, check it again………………..Duffy’s stories always make me feel human again; its nice to know I am not the only one upon who life is not always smiling….

On a more serious note, Duffy brings home just exactly what America is all about. Honor, Duty, and the willingness to sacrifice for a greater cause. Irregardless on how you feel about the war, you can feel nothing but pride after reading this tribute…….It infuriates me that back home, in Dover, we are forced to deal with those pursuing a narrow,specific, personal agenda, focused only on themselves and the accumulation of their own wealth, with not even a smidgen of responsibility to those who will suffer because of their actions.

What a huge difference between our military heroes, and those politicians who stay at home……………..

People ask me if I am worried…….I tell them no, I had an omen that in this week something great would happen……I was right. It did. Blue bug eyed aliens were discovered in and around Sussex County (must see picture). And after some trouble with a blood clot, Mahaffie is now in New Orleans, giving us a first hand look at the aftermath of Katrina. I was relieved to see the Cafe du Monde was still around with their awesome beignets. I hope he gets a chance to ferry over to Algiers, but his schedule may be a little too tight…….I’m still waiting for him to show up at the South Pole, to check out the accuracy of his GPS device. 🙂

And we need to keep Joe M. close to our hearts and in our prayers. Anytime one of us goes silent, I start to worry.

But a real event spinning off one of JTTR’s posts had be worried even more. Although I am fond of his analysis covering his taste in music, he did exceptionally well in reviewing this product. I was able to fight the power of suggestion for twenty one minutes before heading out to the nearest 24 hour location…………only to find, that because of the slowness of the economy, it had cut back its hours…….stranding me unfulfilled with JTTR‘s words echoing though my head….(By the way, his review is on target, and the purchase is worth the effort…) His mirror image, has finished his four years and like everyone who has traveled that path, looks backwards and says ………………..”ok”.

Matt Marshall is on TV. No not like water on Mars, this is the real thing. Those who follow DWA can also get a glimpse of the always articulate, and eloquent Dominique…..
But even bigger news it how Gene Reed, insurance commissioner gets his money……..and how the News Journal tried to hide it and cover it up……Just imagine the Pottersville this state would be in if it weren’t for us bloggers?

The Colossus of Rhodey points out that not all stupidity lies with our administration. The University of Delaware is getting ready for another national firestorm, especially during an election year, by putting this up for all to see….”The University of Delaware has revised a speech code that used to classify “[a]ny instance that is perceived by those involved as being racist, sexist, anti-Semitic, homophobic, or otherwise oppressive” as an emergency equal to fire, suicide attempts, and alcohol overdose.” Hmmm…a little hyperbole we have there, perhaps? Perhaps the University of Delaware’s officials should watch Battlestar Galactica to learn how one deals with those having different viewpoints, even if that person is yourself. I’m telling you. It’s the best show on television.

Finally full circle back to Bluewater Wind. Jason at Delaware Liberal shows us that as we squabble away valuable time arguing with, instead of simply bypassing one Harris McDowell, the rest of the world is moving forward with Offshore wind very quickly. We have just days before the announcement that the East Coast Hub of Offshore Wind development, will no longer be in Delaware. Because we (1st Senatoral District, Wilmington) elect stupid asses to our Legislature.

.

Be It Resolved…..

HOUSE OF REPRESENTATIVES

144th GENERAL ASSEMBLY

HOUSE Bill NO. 361

REQUIRING THE CONTROLLER GENERAL VOTE TO APPROVE THE POWER PURCHASE AGREEMENT BETWEEN BLUEWATER WIND AND DELMARVA POWER WITHOUT WAITING FOR CONFIRMATION FROM THE SENATE, NOR AWAITING A VOTE OF APPROVAL FROM THE MEMBERS OF THE LEGISLATIVE COUNCIL.

WHEREAS, House Bill 6 of the 143^rd General Assembly (the Electric Utility Retail Customer Supply Act of 2006), signed into law by the Governor on April 6, 2006, establishes a process for procuring a new energy source based in Delaware; and

WHEREAS, House Bill 6 set forth the criteria for selecting a new energy generating source, including the cost-effectiveness of the project in producing energy price stability, reduced environmental impact, the benefits of adopting new and emerging technology, siting feasibility and the terms and conditions concerning the sale of energy output from such facilities; and
WHEREAS, the Public Service Commission, the Director of the Office of Management and Budget, the Energy Office and the Controller General were given authority under House Bill 6 to select a bidder; and
WHEREAS, the Request for Proposal issued under House Bill 6 established a competitive process in which three proposals for power were submitted, an IGCC coal power facility, a new natural gas facility and an offshore wind power facility, all of which were reviewed and evaluated; and
WHEREAS, on May 22, 2007, the Public Service Commission, the Director of the Office of Management and Budget, the Energy Office and the Controller General directed that Delmarva Power enter into negotiations with Bluewater Wind to build an offshore wind power facility in Delaware, and to submit a term sheet outlining the major provisions of an agreement; and

WHEREAS, on November 20, 2007, the Public Service Commission, Office of Management and Budget, the Energy Office and the Office of the Controller General held a hearing on the Bluewater Wind term sheet and directed Delmarva Power and Bluewater Wind to submit a Power Purchase Agreement for consideration on December 18, 2007; and

WHEREAS, the negotiations that were held between November 20, 2007, and December 10, 2007, resulted in a more favorable agreement from the perspective of Delmarva residential ratepayers than was embodied in the term sheet; and

WHEREAS, the negotiations have produced a Power Purchase Agreement to build and operate in Delaware the nation’s first offshore wind power facility; and
WHEREAS, the Public Service Commission staff report finds that the Power Purchase Agreement meets the criteria established by House Bill 6, including price stability, reduced environmental impact, and the use of new technology; and
WHEREAS, operation of the proposed offshore wind farm would provide jobs for Delawareans and make Delaware a leader in a new industry at a time when manufacturing jobs are disappearing; and
WHEREAS, construction of the proposed offshore wind power facility would make a significant contribution to a reduction in greenhouse gas and toxic pollution emissions; and
WHEREAS, citizens of Delaware have offered thousands of comments and letters in favor of the proposed wind power facility; and
WHEREAS, the Public Service Commission, the Director of the Office of Management and Budget, the Energy Office and the Controller General did not act on the Power Purchase Agreement because of the lack of a consensus among the four entities; and
WHEREAS, approval of the Power Purchase Agreement would endow Delmarva Power’s customers with protection against future price increases and price volatility due to the rising cost of electricity produced from fossil fuels and international political uncertainties.

WHEREAS, the Delawarean House of Representatives on April 11th approved in a non-partisan vote by a margin of 25 to 11, HCR38, which recommends that the Controller General add his signature, along side of the others, to the Power Purchase Agreement agreed to by both Delmarva and Bluewater Wind.

WHEREAS, all members of the House of Representatives currently serving have been elected within the past span of two years, and all who wishing to be re-elected, must face public scrutiny this election season, their vote can be deemed more representative of Delaware’s needs then those of the Senate, with two thirds of its members NOT up for re-election this term.

WHEREAS, House Bill 6 of the 143^rd General Assembly (the Electric Utility Retail Customer Supply Act of 2006), signed into law by the Governor on April 6, 2006, gives the Controller General the authority to act independently of the Senate when making his decision, and does not require him to be beholden to one member, or a small group of member’s narrow interests.

WHEREAS, Delaware Code Title 29, Chapter 11, Subchapter 10, gives the Controller General the authority to perform any analyses necessary, to determine operational efficiency and effectiveness, compliance with the laws of Delaware and legislative intent; the Delaware House of Representatives has determined by a vote of 25-11 on April 11th, 2008, exactly how that legislative intent behind House Bill 06 of the 143rd Legislative Session, should be interpreted by the Controller General.

NOW THEREFORE:
BE IT RESOLVED by the House of Representatives of the 144th General Assembly of the State of Delaware, that it is the binding resolution of the General Assembly that even without the Legislative Council’s approval, the Controller General shall vote to approve the Power Purchase Agreement between Bluewater Wind and Delmarva Power because, in the opinion of the majority of the General Assembly, the proposed wind power facility meets the criteria established by House Bill 6 of the 143^rd General Assembly and is in the best interests of the citizens of this State;

SYNOPSIS

This Concurrent Resolution requires that the Controller General vote to approve the Power Purchase Agreement between Bluewater Wind and Delmarva Power because, in the opinion of the majority of the General Assembly, the proposed Power Purchase Agreement meets the criteria set forth in House Bill 6 of the 143rd General Assembly and is in the best interests of the citizens of this State. This Concurrent Resolution further requests that the Public Service Commission may at some later time, determine if the costs for the Bluewater Wind contract should be distributed among all Delmarva Power customers.

For Maryanne:

I can think of no better tribute to Maryanne, than for each of us to redouble our passion towards Bluewater Wind and in our fervor, contact as many legislators as possible to make sure HCR 38 is passed this week.

I feel she would be pleased.