ALEC’s Most Wanted: Exposing a front group for fossil fuel interests (and other corporations)

ALEC Most WantedThe Center for Media and Democracy’s (CMD) Brendan Fischer and Nick Surgey uncovered an internal document from the American Legislative Exchange Council (ALEC) at the controversial organization’s meeting last week in Oklahoma City. The document entitled “OKC anti-ALEC photos” featured the headshots of eight reporters and public interest advocates that have written about ALEC or been critical of ALEC’s activities (as a front group working on behalf of its corporate membership).

CMD’s Surgey attempted to attend the keynote address by Oklahoma Governor Mary Fallin, which was billed as open to the press. After registering for press credentials at the ALEC registration desk, Mr. Surgey ascended the escalator towards the keynote speech, but was confronted by ALEC staff members and then approached by a uniformed Oklahoma City police officer.

Mr. Fischer and Surgey recount the exchange in which Surgey had his credentials revoked and was ejected from the ALEC meeting.  From PR Watch:

“I need those credentials,” the officer said.

“I registered,” Surgey replied.

“No, you didn’t,” said a female ALEC staffer, who was accompanying the officer.

“I did, downstairs,” he said.

“It was… you shouldn’t have been able to.”

The reason Surgey shouldn’t have been allowed to register, according to the ALEC staffer: “Because we know who you are.

Surgey asked the ALEC staffer for her name as she asserted that he had to leave:

Can I ask your name?” Surgey asked the ALEC staffer who challenged his press credentials.

“Erm, why?” she replied.

“Is there any reason you wouldn’t want to tell me your name?”

“Yeah, because I know who you are,” she said.

The staffer — whose organization had developed talking points claiming to support the First Amendment, which protects a free and vibrant press — added: “Because you’re going to write an article about it.”

Less than 10 minutes after registering as press, Surgey had his credentials revoked and was ejected from the ALEC meeting by a police officer. As he was escorted away, the ALEC staffer repeated: “We know exactly who you are.”

As Director of the Checks & Balances Project, I was one of the eight people featured on the “ALEC Most Wanted” document alongside other reporters and public interest advocates who have criticized ALEC’s efforts to influence state legislators on behalf of special interests.  Fischer and Surgey write:

The page featured pictures and names of eight people, four of whom work with CMD, including Surgey, CMD’s general counsel Brendan Fischer and its Executive Director Lisa Graves, as well as CMD contributor Beau Hodai.

It is not known whether the photo array of people who have reported on or criticized ALEC was distributed to ALEC members or shared with Oklahoma City law enforcement.

Other targets on the document included The Nation‘s Lee Fang, who has written articles critical of ALEC, and Sabrina Stevens, an education activist who spoke out in an ALEC task force meeting last November. Also featured were Calvin Sloan of People for the American Way and Gabe Elsner of Checks and Balances Project, both of whom are ALEC detractors.

The name of ALEC Events Director Sarah McManamon was in the top corner, indicating the document was printed from her Google account.

ALEC's_Most_Wanted OriginalAs Fischer and Surgey point out, ALEC claims to support the freedom of the press. But in practice, the organization seems reluctant to provide transparency and access required for a free press to be functional.   Instead, “ALEC assembled a dossier of disfavored reporters and activists,” and “kicked reporters out of its conference who might write unfavorable stories…”

ALEC’s sensitivity to transparency shows that the accountability work by C&BP, CMD, People for the American Way and others is working. A free society can’t work unless there is some check on the concentration of power. Now, more than ever, society needs more of the most powerful check on concentrations of power – public scrutiny. Most recently, C&BP has worked to expose ALEC’s efforts to eliminate clean energy laws in states across the country and bring to light that these attacks are being driven by powerful special interests.

ALEC exemplifies how fossil fuel corporations and other special interests have an oversized influence in our public process. And, C&BP is proud to be part of the effort to expose ALEC, fossil fuel-funded front groups and other fossil fuel interests using their power and resources to attack clean energy policies — even if it lands us on ALEC’s Most Wanted list.

ALEC Attacks Clean Energy Standards: Ohio & Virginia

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Over the past couple weeks, fossil fuel interests and their allies have ramped up attacks on clean energy on the state level. As the Washington Post reported in November, the American Legislative Exchange Council (ALEC), a fossil fuel-funded advocacy group, has made it a priority to eliminate clean energy standards across the country.

From the East Coast to the Southwest, ALEC members, alumni and operatives are moving full steam ahead to eliminate clean energy projects and the policies that support them.  However, not all of these attacks are coming from ALEC members sitting in state legislatures.  In Ohio and Virginia, former ALEC legislators, now in other positions, are driving anti-clean energy attacks. Below is part one of our series on former ALEC legislators spearheading fossil fuel-funded attacks on the clean energy industry.

 VIRGINIA

Two weeks ago, Virginia Attorney General Ken Cuccinelli, a former ALEC legislator, struck an agreement with Dominion, one of the largest electric utilities in the U.S., to support legislation effectively eliminating the state’s voluntary clean energy standard. According to the Associated Press, under the agreement, the power companies would no longer have the same financial incentives for using sources of renewable energy in Virginia. Without a legally-binding clean energy standard, killing the financial incentives of the law would stop big utilities from investing in new sources of energy, especially when they can keep profiting off of old coal-fired power plants.

So why is the Attorney General Cuccinelli working to stop clean energy in Virginia? There’s one thing that might show his hand. Attorney General Cuccinelli is running for Governor of Virginia in the 2013 election, and has received over $100,000 from fossil fuel energy interests for his campaign (and over $400,000 from dirty energy interests since 2001) including:

  • $50,000 from David H. Koch, co-owner of Koch Industries, a major fossil fuel conglomerate.
  • $25,000 from Consol Energy, a coal and natural gas producer.
  • $10,000 from Alpha Natural Resources, a coal mining and processing company.
  • $10,000 from Appalachian Power, a subsidiary of American Electric Power, one of the largest electric utility companies.
  • $10,000 from Dominion, one of the largest electric utility companies.
  • $10,000 from Koch Industries, a major fossil fuel conglomerate.

The Attorney General’s office claims that he sought to eliminate the standard because it allowed utilities to buy renewable energy certificates from existing facilities rather than build new clean energy in the state of Virginia. Dominion charged ratepayers $77 million as part of the clean energy law, without building a single clean energy project in the state.

Ken Cuccinelli - Soiree

Virginia Attorney General Ken Cuccinelli at an event sponsored by the Koch Brothers’ Americans for Prosperity.

But, Mike Tidwell, of the Chesapeake Climate Action Network (CCAN), which has worked with lawmakers to propose several bills to improve the incentive program, said that, “The standard is flawed; but there’s a clear way to fix that.” CCAN is working with Delegate Alfonso Lopez to propose a solution that would require Dominion to invest in wind and solar projects in Virginia in order to qualify for financial incentives.

But instead of trying to fix the renewable energy standard, Mr. Cuccinelli is advocating for the elimination of clean energy incentives while also raking in over $100,000 dollars from fossil fuel interests for his gubernatorial campaign. This clear conflict of interest is compounded by the fact that Mr. Cuccinelli was a member of ALEC, which has publicly stated eliminating clean energy laws as one of its goals for 2013. And, it is Mr. Cuccinelli’s fossil fuel donors, most of which are corporate members of ALEC, that stand to profit from killing clean energy laws and slowing the growth of the clean energy economy.

Instead of fighting for Virginia families and small businesses, it appears that Mr. Cuccinnelli is more concerned with the interests of his big, fossil fuel donors. It’s probably a good indication of how he’ll run the state from the governor’s mansion.

OHIO

In Ohio, no legislation has been proposed to rollback the state’s “Alternative Energy Resource Standard,” yet. But three weeks ago, former ALEC legislator Todd Snitchler, now Chairman of the Public Utilities Commission of Ohio (PUCO), and two other commissioners, decided to squash a solar power plant proposed by American Electric Power (AEP) – a move that seems to correlate with ALEC’s agenda to stop the growth of the clean energy market.

AEP planned to build the Turning Point solar power plant, a 50 MW solar power plant comprised of panels from a factory in Ohio. The company planned this project to comply with the requirements of the renewable energy standard according to the PUCO opinion and order. Ohio’s clean energy law calls for 12.5% of the state’s electricity to come from renewable energy resources by 2025.

Todd Snitchler, Chairman of the Public Utilities Commission of Ohio, with Governor John Kasich. Both politicians are ALEC alumni.

Todd Snitchler, Chairman of the Public Utilities Commission of Ohio, with Governor John Kasich. Both politicians are ALEC alumni.

One of the primary opponents arguing against the solar plant in front of the PUCO was FirstEnergy Solutions, an electric utility (that generates 72% of its electricity from fossil fuels) and a major donor to Governor John Kasich, another ALEC alumnus.  Gov. Kasich received over $600,000 from oil, gas and mining interests for his 2010 election campaign and in early 2011, Gov. Kasich appointed Mr. Snitchler to chair the PUCO.

Mr. Snitchler and the two other Republican commissioners voting to stop the Turning Point solar plant disregarded Public Utilities Commission of Ohio staff experts who stated that the project was necessary to comply with the state’s renewable energy standard.

Mr. Snitchler’s Twitter traffic affirms his ideological disdain for clean energy. He consistently attacked clean energy technology and the legitimacy of climate science (ignoring the Pope, United States Military, and every national academy of science in the world) according to a Columbus Dispatch analysis of his twitter traffic over the past year.

With anti-clean energy ALEC alumni in powerful positions in Ohio, pro-clean energy advocates must work to stop attempted rollbacks of the state’s clean energy standard in the state legislature or face a grim future in the Buckeye state.

Coalition Sends Letter to Duke Energy CEO: Drop ALEC

Today, the Checks & Balances Project joined a coalition of democracy advocates calling on Jim Rogers, Chairman, President and CEO of Duke Energy Corporation, to drop his company’s affiliation with the American Legislative Exchange Council (ALEC). ALEC serves as a conduit to feed big business-sponsored legislation to members of state legislatures across the country.

ALEC’s Energy, Environment and Agriculture Committee is filled with major fossil fuel interests, including ExxonMobil, BP, Shell, Koch Industries, and Peabody Energy, to name a few (here is the full list). It’s not surprising that ALEC is pushing “sample legislation” that would eliminate renewable energy standards and insert loopholes into fracking disclosures, thereby allowing companies to hide the chemicals they are pumping underground.

ALEC’s Energy, Environment and Agriculture Committee is filled with major fossil fuel interests including ExxonMobil, BP, Shell, Koch Industries, and Peabody Energy (to name a few, here is the full list). It’s no wonder that ALEC is pushing “sample legislation” to state legislators that would eliminate renewable energy standards and insert loopholes into fracking “disclosure” laws to allow companies to hide the chemicals they are pumping underground.

The question remains — Why is Duke Energy involved with these unsavory companies and organizations that are part of ALEC? Duke Energy Corporation’s own website says:

Clean, reliable and affordable energy is the key to creating a growing economy. Duke Energy is already hard at work promoting policies, partnerships and technologies that will ensure our success in the new Clean Market Economy.

Thirty-eight companies have already left ALEC because of “stand your ground” laws that many believe contributed to the death of Trayvon Martin, voter ID laws that are restricting access to the ballot box, and anti-clean energy laws being introduced in legislatures across the country.
For Duke’s own reputation, the Checks & Balances Project implores Duke Energy to drop all ties with ALEC.

The entire letter is below or can be downloaded here (PDF).

Dear Duke Energy CEO Jim Rogers,

We, the undersigned, a coalition of environmental, civil rights, and democracy reform groups are writing to express our concern for the extensive support provided by Duke Energy to the American Legislative Exchange Council (ALEC), and request Duke Energy disassociate and stop funding ALEC immediately.

ALEC is not only responsible for drafting model state laws attacking renewable energy programs and climate policies, it is also intentionally crafting and supporting Voter ID bills and other legislation designed to suppress people from voting and participating in our democracy. We are concerned about this fundamental attack on our democracy and civil rights, and Duke Energy’s support for it.

Duke Energy has repeatedly stated concern over climate change, yet is participating in ALEC’s Energy, Environment and Agriculture task force, which includes notorious climate skeptics like the Heartland Institute and the American Coalition for Clean Coal Electricity (which we understand Duke Energy disassociated from in 2009 due to its role in obstructing national climate policy). In direct opposition to Duke Energy’s position on climate, ALEC’s Energy, Environment and Agriculture task force continues to advance legislative efforts that attempt to deny the realities of climate change.

ALEC more broadly demonstrates an attack against state action on climate change and renewable energy, promoting laws and resolutions that undermine state’s abilities to address climate change and expand clean energy. While Jim Rogers has called for the US to “wean [itself] from the use of foreign oil,”[viii] Duke works alongside multinational oil companies like ExxonMobil, BP, Shell and Chevron within ALEC, all of which are known for their heavy obstruction of U.S. climate and clean energy policies.

Perhaps most alarmingly, ALEC is spearheading attacks on our democracy and civil rights, promoting Voter ID legislation and other bills intended to make it more difficult for people to vote and participate in our democracy. These bills will most dramatically hit young people, people of color and poor people, suppressing them and their ability to vote.

We collectively call upon Duke Energy to drop all financial and staff support to ALEC due not only to their role in blocking clean energy implementation and solutions to global warming, but due to their direct attacks on democracy and our civil rights.

We look forward to a quick response and would be happy to provide any clarification or additional resources informing our questions, if needed.

Sincerely,

Energy Action Coalition
Greenpeace
Common Cause
CREDO Action
Progressive Change Campaign Committee
Public Citizen
Friends of the Earth
Oil Change International
Center for Media & Democracy
Southern Energy Network
Checks & Balances Project

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