Some years ago, I participated in a D.C. Circuit case which involved, among other issues, the question of whether individual New England states could be counted on to voluntarily build reserve electric generation capacity or whether they'd ignore such obligations and just lean on the excess capacity of their neighboring states in times of shortage.1 The telegenic Attorney General of one state assured that the former would most definitely be the case:
Suppliers, PJM, and ISO-NE attempt to resurrect an argument that … states may not be permitted to set individual resource adequacy requirements because they will act parochially, in their own self-interests to “free-ride” on the reserves of other states in the region. … In fact, the New England states' self-interest dictates the same type of cooperation that has produced regional reserve levels in New England for decades[.]
Joint Reply Brief for Intervenors Richard Blumenthal, Attorney General for the State of Connecticut, et al. at 8, Conn. Dep't of Pub. Util. Control v. FERC (D.C. Cir. 2008).
One can imagine my surprise upon now reading the following pronouncement by the same telegenic Attorney General:
Blumenthal to Maine company: Hire Connecticut workers
…
“Workers and businesses in Connecticut need and deserve the benefit of jobs and revenue from this massive construction project, which must move forward as quickly as possible,” Blumenthal said.
“Amtrak's contract award may be final, but its practical effect may be improved by insisting that subcontractors and workers come from Connecticut.”
…
“I am deeply disappointed that Amtrak awarded this huge contract - one of the largest federal stimulus projects in Connecticut - to an out-of-state company,” Blumenthal said. “I will seek assurances that Cianbro will hire Connecticut workers and contractors, and ensure fair wages and equitable working conditions.”
…
“This federal taxpayer-funded project is designed to benefit Connecticut workers and businesses and kick-start the state's economy,” Blumenthal said. “Sending vital stimulus dollars out of state is unacceptable and unconscionable. I urge the company to keep in Connecticut as many stimulus dollars as possible - as Congress and the President intended.”
(emphasis added) Legal NewsLine, Blumenthal to Maine company: Hire Connecticut workers (Jan. 25, 2010).
Claims of comity and willingness to act for the general good rather than parochial interests may serve to attempt to bamboozle federal courts, but one could hardly expect an on-the-make politician to take such things seriously.
1The upshot of course being that all states would engage in this beggar-thy-neighbor strategy, nobody would buy reserve capacity, and in times of shortage the lights would go out all over New England, Tragedy-of-the-Commons style.
