Energy firms to quit lawsuit

By Jim Haley

Herald Writer

A lawsuit asking a judge to prevent the Snohomish County PUD from revealing power contract information won’t be played out in court after all.

Two energy companies on Monday asked the court to dismiss the lawsuit, including a request for a permanent injunction that would have barred the utility from revealing how much it is paying American Electric Power Service Corp. and Enron Power Marketing Inc. for power.

That’s because David Aldrich, a former PUD commission analyst and utility watchdog, said Monday he’s giving up his drive to get the information — partly because he doesn’t have the wherewithal to fight the energy giants in court.

Beth Ginsberg, a Seattle attorney representing Enron and American Electric, said the lawsuit will be dismissed.

The two companies sued the local utility to prevent it from turning over proprietary trade information to Aldrich under state public disclosure laws.

On Thursday, a court commissioner issued a temporary order banning the PUD from giving Aldrich the documents. A more involved hearing had been set for this morning.

Aldrich sought the information about contracts with the power suppliers early this year after energy prices rose sharply, and the utility was locked into paying high prices for up to eight years.

Those deals are partly responsible for recent steep rate increases.

More recently, he pursued the information under the state’s public disclosure laws, which require public entities to disclose most information.

It’s not that Aldrich doesn’t want the information, but he’s afraid he might lose, and that might hurt chances to get similar information in the future.

The PUD remained neutral in the battle, Aldrich said.

"I felt nobody in the courtroom was defending the public’s interests but me, and I’m not competent to do that," Aldrich said Monday of last week’s hearing. "I don’t want a bad precedent to be established for lack of legal competence."

PUD general counsel Mike Gianunzio said he received a letter Monday from Aldrich saying he has withdrawn his request for the contract information.

Gianunzio said when the contracts were being negotiated the companies insisted on a secrecy clause. But the utility also demanded the deals remain subject to state public records laws, he said.

"We are absolutely in favor of the public having access to this kind of information," Gianunzio said. And he said the utility would have gone into court today telling a judge that "there is a presumption that all these records are public."

The utility’s problem, he added, is it’s difficult to buy power from big marketing groups such as Enron without "confidentiality provisions" in the contracts.

For example, Greg Wolfe, vice president in charge of western marketing for American Electric, said in court documents that the contract information sought by Aldrich might reveal the formulas the company uses to make long-range power cost predictions.

Revealing that, he said, would give competitors a leg up in future bidding.

You can call Herald Writer Jim Haley at 425-339-3447 or send e-mail to haley@heraldnet.com.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

Alina Langbehn, 6, center, and Vera A., 6, right, sit on a swing together at Drew Nielsen Neighborhood Park after school on Tuesday, Jan. 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett council votes to renovate Drew Nielsen Park

Construction on the $345,000 upgrade could start as early as this fall.

Northshore School District bus driver Stewart O’Leary pictured next to his buses shattered drivers side windshield on Friday, Feb. 14, 2025 in Bothell, Washington. (Olivia Vanni / The Herald)
‘Put me in, coach’: Bus driver back at work after struck by metal bar

Stewart O’Leary, a Northshore employee, has received national attention for his composure during a frightening bus trip.

Lynnwood councilor Joshua Binda speaks during a Lynnwood City Council meeting on Wednesday, Nov. 20, 2024. (Olivia Vanni / The Herald)
Does the Lynnwood Council VP live in Lynnwood? It’s hard to say.

Josh Binda’s residency has been called into question following an eviction and FEC filings listing an Everett address. He insists he lives in Lynnwood.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

An American Robin picks a berry from a holly tree on Thursday, Feb. 13, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Calling all birders for the annual Great Backyard Bird Count

The Audubon Society will hold its 28th annual Great Backyard… Continue reading

A view of one of the potential locations of the new Aquasox stadium on Monday, Feb. 26, 2024 in Everett, Washington. The site sits between Hewitt Avenue, Broadway, Pacific Avenue and the railroad. (Olivia Vanni / The Herald)
Initial prep work for AquaSox stadium to start, with $200k price tag

The temporary agreement allows some surveying and design work as the city negotiates contracts with designers and builders.

Aaron Kennedy / The Herald
The Joann Fabric and Crafts store at 7601 Evergreen Way, Everett, is one of three stores in Snohomish County that will close as part of the retailer’s larger plan to shutter more than half of its stores nationwide.
Joann store closure plan includes Everett, Arlington, Lynnwood locations

The retail giant filed a motion in court to close approximately 500 stores in the U.S.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.