Outlines ‘severe concern’ about Candlewood Solar’s project
Updated 12:00 am, Thursday, October 12, 2017
To the Editor:
It is of vital concern that the ‘business structure’ for the proposed Candlewood Mountain solar project be reviewed and scrutinized by the Connecticut Siting Council prior to rendering their decision.
Candlewood Solar LLC is a foreign Connecticut limited-liability company with one member/owner - Ameresco, a Massachusetts-based, Delaware-incorporated entity.
It is of concern that an LLC is a separate legal entity: “CGS Sec. 34-251a. Liability of members and managers. (a) A debt, obligation or other liability of a limited liability company is solely the debt, obligation or other liability of the company. A member or manager is not personally liable, directly or indirectly, by way of contribution or otherwise, for a debt, obligation or other liability of the company solely by reason of being or acting as a member or manager. This subsection applies regardless of the dissolution of the company. (b) The failure of a limited liability company to observe formalities relating to the exercise of its powers or management of its activities and affairs is not a ground for imposing liability on a member or manager of the company for a debt, obligation or other liability of the company.”
The Connecticut General Statutes Chapter 613a Uniform Limited Liability Company Act state law dealing with LLCs shed insight and background in this matter. Specifically Sec. 34-251a, Sec. 34-251b, Sec 34-267(2), Sec. 34-275d (10) and (12); and, Sec.34-243h. (f) which deal with the ability and capacity to responsibly operate an operation with such far reaching environmental and financial impact both locally and regionally.
I would also like to highlight Sec. 34-243h. “(f) No limited liability company formed under the provisions of sections 34-243 to 34-283d, inclusive, shall have power to transact in this state the business of a telegraph company, gas, electric, electric distribution or water company, or cemetery corporation, or of any company, except a telephone company, requiring the right to take and condemn lands or to occupy the public highways of this state.”
The Candlewood Solar LLC project will require transmission lines to cross Connecticut Route 7 for further interstate distribution.
There should be severe concern on the level of corporate responsibility and commitment of Ameresco and Candlewood Solar LLC for the environmental and immediate and ultimate financial impact that their project has on the Candlewood Lake and surrounding region, but additionally the responsibility for the eventual restoration of their project landscape on Candlewood Mountain and Candlewood Lake.
Additionally, I would encourage the Siting Council, Candlewood Solar LLC and Ameresco to pursue a more diligent academic site review of the proposed project Candlewood Mountain landscape.
Amec Foster Wheeler PLC provided the initial archeological site review, but their status of being under current investigation by the UK SFO would indicate that a more extensive academic review should be undertaken, including not only a site survey but a historical document and extensive land record review, systematic transect archaeological and biological survey, and BIA review of the research.
Once the Candlewood Mountain landscape is cleared and solar panel pilings installed the possibility of Native American artifact recovery will be irretrievably be lost.