{"id":3200,"date":"2013-04-30T12:18:28","date_gmt":"2013-04-30T18:18:28","guid":{"rendered":"http:\/\/valleywatch.net\/?p=3200"},"modified":"2013-04-30T15:22:59","modified_gmt":"2013-04-30T21:22:59","slug":"leucadiaindiana-gasification-suspends-rockport-activity","status":"publish","type":"post","link":"http:\/\/valleywatch.net\/?p=3200","title":{"rendered":"Leucadia\/Indiana Gasification suspends Rockport activity"},"content":{"rendered":"
\"The<\/a>

The fate of the Indiana Gasification project is now apparently in the hands of the Indiana Supreme Court where Leucadia Project Manager is friendly with at least one of the Justices. See: http:\/\/www.in.gov\/judiciary\/citc\/files\/massa-lubbers.pdf<\/a>
Photo \u00a9 2013 John Blair
<\/strong><\/p><\/div>\n

April 30, 2013-Statement of Mark Lubbers, Indiana project director for Leucadia’s Indiana Gasification proposal<\/strong><\/p>\n

If the Supreme Court takes the case, the Ct of Appeals decision is immediately vacated, so the IURC approval is again live.\u00a0\u00a0The Ct of Appeals opinion was not unanimous and we\u00a0have asked the court to side with Chief Judge Robb\u2019s dissent, which said that the Court could have upheld the IURC approval and dealt separately with the definition problem.\u00a0 Since then, of course, the parties\u00a0have dealt with that admittedly inartful\u00a0definition language by deleting the offending 37 words from the definition of Retail End Use Customer; so the problem identified by the Ct of Appeals no longer exists.<\/p>\n

If the Supreme Court takes the case, we think we have a good chance of winning.<\/p>\n

If the Supreme Court does\u00a0not<\/span>\u00a0take the case, the project is dead.\u00a0 The legislature and the governor knew this when\u00a0they opted for the language in the law just-passed.\u00a0\u00a0There was an alternative way for the IURC to have a \u201cfinal look\u201d at the project to consider if the contract was still good for ratepayers given supposed changes in the energy market.\u00a0 That alternative was rejected in favor of adopting new standards that the legislature and the governor knew would kill the project.\u00a0 (Because it would require a different contract and two years of review that the project cannot sustain.) The decision to take this path was\u00a0a conscious\u00a0decision to kill the project.<\/p>\n

Since this conscious decision was made, the judgment of the state is very clear: neither the legislature nor the governor support the contract or the project.\u00a0 Therefore,\u00a0the\u00a0claim made by legislative leadership and the governor\u00a0that everything is fine if the Supreme Court sides with us is a false promise; no one would invest\u00a0 $750 million where such clear opposition from the government\u00a0is evident.\u00a0 The institutions that provide the capital to build a plant of this size will not do business in a state that\u00a0is so cavalier about the $20+\u00a0million dollars we have already invested.<\/p>\n

We will finish the judicial review that has been going on now since December 2011.\u00a0 We will file today a motion for the Court to schedule oral argument.\u00a0 We will work hard for a win\u00a0if the Supreme Court\u00a0takes the case.\u00a0 If we win, however, only\u00a0a clear\u00a0reversal of position by the Governor would\u00a0enable the project to go forward.<\/p>\n","protected":false},"excerpt":{"rendered":"

April 30, 2013-Statement of Mark Lubbers, Indiana project director for Leucadia’s Indiana Gasification proposal If the Supreme Court takes the case, the Ct of Appeals decision is immediately vacated, so the IURC approval is again live.\u00a0\u00a0The Ct of Appeals opinion … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-3200","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/valleywatch.net\/index.php?rest_route=\/wp\/v2\/posts\/3200","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/valleywatch.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/valleywatch.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/valleywatch.net\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/valleywatch.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3200"}],"version-history":[{"count":4,"href":"http:\/\/valleywatch.net\/index.php?rest_route=\/wp\/v2\/posts\/3200\/revisions"}],"predecessor-version":[{"id":3205,"href":"http:\/\/valleywatch.net\/index.php?rest_route=\/wp\/v2\/posts\/3200\/revisions\/3205"}],"wp:attachment":[{"href":"http:\/\/valleywatch.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3200"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/valleywatch.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3200"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/valleywatch.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3200"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}