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Wednesday, 05/20/2009 8:29:47 AM

Wednesday, May 20, 2009 8:29:47 AM

Post# of 103302
http://www.drm.com/attorney/bio/n%3A_jonathanPeress
http://www.drm.com/

Council hires legal counsel to fight Laidlaw plant.
By Barbara Tetreault The Berlin daily Sun.

Berlin-The city council Monday Night voted to hire Attorney N. Jonathon Peress of the Lebanon law firm Down’s, Rachlin, Martin to represent the city when Laidlaw Biopower goes before the state Energy Facilities Site Evaluation Committee for approval to construct and operate a 66-megawatt biomass plant on the former mill site.
A majority of the council opposes Laidlaw’s plan to convert the former chemical recovery boiler into a biomass plant because of the site’s location in the heart of the downtown. The council Monday first formally voted to file as an intervener if and when Laidlaw submits an application to the committee. The body then discussed whether to go with the city’s law firm, Donahue, Tucker & Ciandella to represent it or hire Peress. Councilor Tom McCue made a motion to hire Peress. Peress quoted the city an hourly rate of $295. His legal services proposal said he would expect one associate to also be involved at an hourly rate between $195 and $225 an hour. Councilor Mark Evans urged the council to hire the city’s legal firm at an hourly rate of $150 per hour for attorney time and $90 an hour for paralegal time. Councilor Ron Goudreau, however noted the quote from the city’s firm contained stipulations that it would be paid a bonus amount per hour if the firm were to successful in defeating the application or achieved specific objectives. Goudreau said that would make the two quotes close in cost. The council has increased the legal line in its proposed 2010 city budget to cover the anticipated cost of hiring legal counsel for the SEC process. McCue stressed the decision to go with Peress did not indicate any dissatisfaction with the city’s legal firm. He said the Site Evaluation Committee is a specialty area and noted Peress is very experienced in that field of expertise.
Androscoggin Valley Economic Development Director Max Makaitis offered to form a local committee with representatives from the city and Laidlaw to come up with a set of draft stipulations on issues such as traffic, noise, and visual impact that could serve as a framework for the lawyers. He said it was a way to reduce costs. Mayor David Bertrand said he thought the idea had some merit but said he thought the process precluded it.
According to the firm’s web page, Peress was formerly the attorney for air quality issues, and later the chief counsel for administrative litigation in Vermont’s Agency of Natural Resources. He is described as having extensive experience representing electric generation and industrial facilities on environmental permitting and compliance matters. He has counseled electric generating facilities, renewable energy providers and industry trade groups regarding climate change initiatives and opportunities for monetizing greenhouse gas reductions. Laidlaw is expected to file an application with the site evaluation committee before the end of the year. Under statute, the committee has nine months to render its decision. Last week, the Coos County commissioners revealed the commission is considering intervening in support of the Laidlaw proposal.
http://www.laconiadailysun.com/BerlinPDF/2009/5/20B.pdf
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