Details Cloudy in Wind Project Report
By: Michael Noyes | 2009-10-30
BUTTE-SILVER BOW – While public funds paid the primary costs for a feasibility study and business plan for a proposed high-profile wind turbine facility, much of the information in the document is not available for review by government officials or the public.
The proposed $25 million high-profile project known as the “(Jon) Chafin-(Joachim) Fuhrlander Wind Turbine Manufacturing Facility” is projected to provide 120 to 150 jobs. The project was touted by Governor Brian Schweitzer as early as two and a half years ago as a large-scale economic development that would create green jobs. U.S. Senator John Kerry also cited the project in an Oct. 27 news release voicing his support for climate change legislation.
The Montana Policy Institute obtained a copy of the report from Butte-Silver Bow after filing a request under the Freedom of Information Act. The heavily redacted feasibility study and business plan analysis is titled “(Redacted)-Fuhrlander Wind Turbine Generator Manufacturing and Assembly Facility Butte Montana.”
While a combination of state and local public funds paid $45,000 of the $48,000 cost of the document, public officials at both the state and local levels say they do not have a copy of the complete report without redactions.
The company contributed $3,000 to the cost of the study and requested the redacted information not be included in the document sent to public officials, according to Butte-Silver Bow Community Development Director Karen Byrnes.
Information is redacted throughout the document, including 20 full, consecutive pages at one point in the report.
Byrnes said Butte-Silver Bow agreed to accept the document with the redactions at the request of company officials. She said no vote was taken by public officials on the issue.
“I think it was more of a consensus,” she said.
Byrnes said officials don’t want to do anything that might jeopardize the project.
“Even though they are public funds you are dealing with a private entity and you have to be sensitive to that,” she said.
Montana Freedom of Information Hotline Attorney Mike Meloy indicated that if government officials had a copy of the full report it should be available to the public, minus sensitive information such as trade secrets, under current state laws. In an email, Meloy said he believes it is “likely” the courts would still find that the document should be made available to the public because of the public funds involved.
“The Supreme Court has looked to the open meetings law to interpret the provisions regarding disclosure of public records,” Meloy wrote.
“Since the open meetings law governs any entity that receives public money, I think it likely the court would conclude that since public moneys generated the document it is open.”
Questioned about the issue in a phone interview, Chafin said the project is a private enterprise initiative and not a public company.
“I also paid for it,” he said of the document. “That’s my private business, and it’s Furhlander’s private business.”
Byrnes said company officials have been told that if they apply for any future public funding of the project the full report will be made public.
It is unclear why some of the information was redacted, such as deleting the Chafin name in the title and in references to the name of the proposed facility throughout the document.
Multiple officials, including Butte Local Development Coporation Executive Director Jim Smitham, say Chafin is still involved in the project.
While government officials said the redactions were made at the request of the company, Chafin was unaware that his name had been removed from the title when contacted by phone.
“That’s strange,” he said.
Asked if he was still involved in the project he said, “Yes, I am.”
In a follow-up conversation, Chafin said he has not seen the document that is on file with the state and that he still did not know why his name had been redacted in places.
While officials refer to the document as “final,” the executive summary of the February 13, 2009 report says it, “is being finalized and reviewed and will be incorporated.”
Butte-Silver Bow accepted the redacted report as “final” and then filed a copy with the Department of Commerce. Commerce Department Director Anthony Preite said it is common for feasibility studies and business plans to redact information such as trade secrets or information that is proprietary to the point that there is a patent involved or something similar.
Preite was asked if it is common for documents to have 20 consecutive pages of redacted information.
“Probably not,” Preite said.
Byrnes was asked if the redacted information consists primarily of trade secrets.
“I wish I knew,” Byrnes said. “All I can hope is that the project actually moves forward…that will be a good day for Montana.”
Smitham said while his organization did not have input into whether to accept a redacted version of the plan they do not take issue with decision.
“We accepted that fact,” Smitham said. “I think any company has a right to do that before releasing it to the public.”
Comments 
EP
Posted on: 2009-10-30
It's very simple -- if you want privacy don't use public dollars. Very simple. If you take public dollars, the people you take it from have a right to know. This is a problem confronted by economy development projects around the state. Just imagine how much better things might have turned out in Hardin had there been greater public exposure. Someone needs to file a public information suit, and pursue it clear to the top to get a court opinion.
Anonymous
Posted on: 2009-10-30
Mr. Smitham says "I think any company has a right to do that before releasing it to the public."
Are you kidding me? The company paid for 6% of the study. Something seems fishy here, good job MPI for pointing this out.
Read All
Roundup RSS