Maine energy consultant seeks dismissal of fraud lawsuit
A lawyer representing Portland-based energy consultant Richard Silkman has filed motions in U.S. District Court in Boston asking that a federal lawsuit accusing Silkman of fraud either be dismissed or be transferred to a court in Maine.
According to the Portland Press Herald, in a motion filed last Friday, attorney Peter Brann said the Federal Energy Regulatory Commission’s Dec. 2 lawsuit was filed too late and that the statute of limitations has expired. The newspaper reported that Brann also argued that FERC’s anti-manipulation statute and rules do not apply to consultants. Brann also filed a motion seeking a change of venue from Massachusetts to Maine if the case does proceed.
The filings are the latest development in the FERC case alleging that Silkman and his Portland-based Competitive Energy Services LLC had advised Rumford Paper Co. to reduce its internal power generation and buy electricity over five days in order to set an "artificially high" baseline for its needs for power from the grid operated by ISO New England. That allegedly helped the paper company fraudulently earn millions of dollars in a program that was intended to save energy. FERC is seeking a $7.5 million civil penalty against the energy company and a $1.25 million judgment against Silkman, formerly head of the Maine State Planning Office.
Rumford Paper settled with FERC for $3 million in March, neither denying the allegations nor admitting guilt in response to FERC's claim that it fraudulently manipulated ISO-New England's Day-Ahead Load Response Program.
In a statement provided to Mainebiz on Dec. 2, Competitive Energy Services continued to deny engaging in any instance of market manipulation and said it plans to introduce new information in court demonstrating its compliance with ISO New England's Day-Ahead Load Response Program, which it characterized as flawed.
FERC also alleges Lincoln Paper manipulated the same program, and is seeking a $5 million civil penalty against the mill in that case.
Lincoln Paper CEO Keith Van Scotter told the Portland newspaper the managers of the mill have denied the allegations and are ready to make their case in court.
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