* * Update to News Media * *
California Energy Commission Demands Withdrawal of Lawsuit
by Western Riverside Council of Governments
SACRAMENTO - On behalf of their clients, the Western Riverside Council of Governments, the law firm of Best, Best and Krieger argued to Judge John Molloy in Riverside Superior Court that the Energy Commission should be held in contempt of court for failing to hear a Western Riverside's protest that the Energy Commission had improperly disqualified them from the solicitation. Western Riverside had applied for $20 million in funding for their Property Assessed Clean Energy (PACE) program.
The Energy Commission has just learned that Western Riverside acknowledged that its own PACE program was suspended, expressly due to the PACE ruling of the Federal Housing Finance Agency, and that Western Riverside entertained a resolution supporting federal legislation to restore PACE at its Executive Committee meeting of September 13, 2010. In fact, FHFAs action triggered local governments throughout the state to suspend their PACE programs, and forced the Energy Commission to cancel its PACE solicitation.
For Western Riverside to represent to the court that the Energy Commission invented a pretext to cancel the solicitation to evade Judge Molloy's court order is disingenuous at best and a frivolous abuse of the legal process at worst.
It is absurd for Western Riverside to argue that the Energy Commission should have set aside its obligation to expeditiously allocate Recovery Act funding to create jobs and stimulate the economy to have another state agency to hear a protest challenging the scoring of a solicitation that was canceled for a program that has been suspended. At the same time to argue to the judge that he should not consider the harm to the State of California, is reprehensible.
Based on this new information, the Energy Commission has demanded that Western Riverside withdraw its restraining order and dismiss its lawsuit.
To view the letter from the Energy Commission to Best, Best and Krieger click here.
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