LISBON — A 22-year-old local man, Seth Card of Bowdoinham Road, lost control of the car he was driving on Route 196 in Lisbon Falls on Saturday afternoon, striking and snapping a utility pole in front of the Big Apple, police said.
After striking the pole, the car rolled over and came to a rest on its roof in the middle of the road.
Card and an unidentified female passenger were taken to a Lewiston hospital with apparent minor injuries, Sgt. Scott Stewart said. Neither speed nor alcohol was involved, he said.
He said Card was driving west when he drifted off to the right and "rolled up onto the pole, snapping it," before rolling over onto its roof.
Sgt. Stewart said Card is a habitual offender and had taken the car without the owner's permission. Charges are pending, Stewart said.
The Lisbon Falls section of town was without power for more than two hours while crews from Central Maine Power Co. replaced the pole.
The 2001 Pontiac, owned by Bettina Bellefleur of Topsham, was demolished in the 2:15 p.m. crash.
verified Docket 2011-170, feb 2, 2012 (see it all at http://www.windtaskforce.org)
"By filing their coordinated “exceptions” and letter, First Wind and APUC attempted to subvert the intention and effect of this rule. Therefore, the Examiners correctly excluded APUC’s and First Wind’s filings.
The Petitioners’ actions give rise to particular and very serious concerns.
Petitioners have deliberately attempted to inject new evidence into the record “through the back door,” long after the record closed on December 9, 2011 and at that point in the proceeding where other parties are not afforded a chance to respond, test the evidence through cross examination, engage in discovery, present witnesses, or otherwise have the benefit of the procedural safeguards of an evidentiary record Their Exceptions, containing these new facts, were filed in blatant disregard of at least two of the Commission’s rules and in direct violation of the Examiners’ January 19 Scheduling Order, and in an obvious attempt to influence the outcome. The rules violated are rules of integrity, fundamental fairness and substance, not mere housekeeping rules designed to advance administrative efficiency"
GET THEM OUT OF MAINE!
Petitioners violated Chapter 110 section 760-A(a) and (d~ of the Commission’s Rules. The filing of “exceptions” by APUC and First Wind violated the Ex Parte rule under Section 760-A(a) Petitioners’ subornation of these filings, as evidenced by the references to the filings in Petitioners Exceptions, also violates Section 760-A(d) which reads
No party in a proceeding shall request, encourage, suggest, or provide any assistance to any other person to make a communication that would violate subsection (a) of this section.
8Petitioners chose to engage in coordinated, concerted action with First Wind and APUC to assist them in an improper attempt to have a non-party influence the Commission after the date for filing exceptions, and to inject non-record information into evidence, and to couple this with a direct violation by commingling the prejudicial material into Petitioners own Exceptions. Petitioners deliberately cited to, quoted from, and indeed made such filings a part of their own January 23, 2012 Exceptions. Their awareness of procedural issues is revealed by the first footnote in their Exceptions. Petitioners’ actions were willful, ~vith the expectation that opposing parties would have no opportunity to respond,7 and for the primary purpose of influencing this Commission’s decision.
see Feb 2 , 2012 docket 2011-170!!!
ELECTRONICALLY FILED ON FEBRUARY 2,2012
STATE OF MAINE
PUBLIC UTILITIES COMMISSION
BANGOR HYDRO ELECTRIC & )
MAINE PUBLIC SERVICE COS. )
Re: Request for Exemptions and for )
Reorganization Approvals )
Docket No. 2011-170
MOTION FOR DISMISSAL
AND SANCTIONS WITH
INCORPORATED MEMORANDUM
February 2, 2012
Now come the Office of the Public Advocate, Houlton Water Company, the Industrial Energy Consumer Group (“I7ECG”), and Boralex, Inc. (“Boralex”)(collectively, the “intervenors”) by and through their respective attorneys and move to dismiss these proceedings or to enter judgment against Bangor Hydro Electric Company and Maine Public Service Company (“Petitioners”) based upon the recommended findings of the Examiners~ Report.
I. INTRODUCTION
Petitioners have intentionally and recklessly violated the Commission’s Rules of Practice and the Examiners’ January 19, 2011 Scheduling Order by filing Exceptions tainted by prejudicial non-record information and by assisting and/or encouraging First Wind Holdings, LLC (“First Wind”) and Algonquin Power & Utilities Corp. (“APUC”) to file unauthorized comments doing the same. According to the Examiners, these exceptions have been reviewed by the Commissioners. As described herein, further consideration of the case at this point would violate fundamental principles of due process and would be unduly prejudicial to the intervenors in this case. Of equal importance is the fact that the actions of the Petitioners, First Wind and Algonquin Power have damaged the integrity of the adjudicatory process by intentionally exposing the Commissioners and their advisors to information outside of the record that, even if the Commission can ignore, undermines public confidence in the process. Dismissal with prejudice orjudgment against Petitioners are the appropriate remedies and sanctions for Petitioners’ violations of the Commission’s Rules and the January 19 Schedul
Well this was fun to read.
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