PROVIDENCE, R.I. – Continuing its fight against a long-term contract for the sale of power from an offshore wind farm proposed near Block Island, Toray Plastics has filed a complaint with state regulators alleging that the agreement between National Grid and Deepwater Wind has expired.
It is the latest attempt by the plastics company to overturn the 20-year deal following an unsuccessful appeal to the Rhode Island Supreme Court.
Toray’s new argument, filed with the state Public Utilities Commission on Oct. 3, centers on a sunset clause in the power purchase agreement. Under the clause, the deal would have automatically expired if all regulatory approvals were not obtained by this past June 30, one year after it was signed. The appeal of the contract filed with the state Supreme Court by Toray and another plastics company, Polytop Corp., was not resolved until July 1, when the court ruled in favor of Deepwater and National Grid.
National Grid has submitted a filing to the state Public Utilities Commission to have the sunset clause waived. Formal arguments in the matter are expected to be filed in the next two weeks.
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