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By CRAIG CROSBY
Staff Writer 07/08/2008

WINSLOW -- Anthony Buxton and Ken Fletcher have a shared passion for creating and preserving hydroelectric power that has brought them together inside and out of the state capitol.

Outside of Augusta, Fletcher is the founder of Save Our Sebasticook, a group of property owners that opposes the removal of Fort Halifax Dam, a hydroelectric facility on the Sebasticook River, and Buxton, one of the state’s foremost utility lawyers, is the group’s lead attorney.

As clients, S.O.S. has racked up a large debt of legal bills with Buxton’s firm, Preti Flaherty, during a nearly decade-long battle with FPL Energy over the dam’s destruction, according to Fletcher.

Inside Augusta, where Fletcher is a state representative and the ranking minority leader on the Utilities and Energy Committee, before which Buxton has helped craft and argued for new legislation, the men share a different relationship that both say is independent of any they share outside the Statehouse.

And while both men say they understand why their relationships might raise an eyebrow or two, they also challenge anyone to find a vote or an argument Fletcher has made on the legislative committee that has been motivated by his group’s debt to Buxton’s firm.

“There is no connection there because I deal with the issue that’s before the committee,” Fletcher said. “Every issue that comes before the utilities and energy (committee) is decided on the merits of that issue. It’s not like I’m carrying the message of anyone that comes before us.”

“Fletcher votes however he wants,” Buxton added.

Even if the relationship did influence Fletcher’s vote, the Utilities and Energy Committee limits most of its action to unanimous votes, which limits the influence one person can have, Buxton said.

“They usually cut the baby in half,” he said.
And, when Buxton’s firm argued against an increase in renewable energy requirements, Fletcher voted for it.

“There are many examples in places we differ,” Buxton said.

Moreover, Fletcher said, there have been times when he has sided with FPL Energy, including a vote on energy restructuring. Fletcher also voted for the regional greenhouse-gas initiative, to increase renewable portfolios, both of which he said helps generators like FPL Energy.

“I deal with all kinds of people every year,” Fletcher said. “I’ve been very, very up front with people. I’ve never had any challenge on my vote or anything that has suggested I’ve compromised. I always vote on the issue before us, not who brings it.”

But there are questions Fletcher and Buxton will not, or cannot, answer. While acknowledging his group’s debt to Preti Flaherty, Fletcher declines to specify just how much the debt is.

Ethics prevent Buxton from giving specifics about his relationship with Save Our Sebasticook, though in general terms Buxton said all attorneys are required to provide pro bono, or free services.

“As we have represented S.O.S., we have attempted to do so with the obligation of attorneys,” Buxton said. “It’s a very personal matter. The important point is that I represent S.O.S. and not the Fletchers.”

Save Our Sebasticook is an incorporated, non-profit organization, Fletcher said. Unlike 501c3 non-profits, donations made to incorporated non-profits are not tax exempt, said Lizzy Reinholt of the Maine Association of Nonprofits. Incorporated non-profits do protect individual members from personal liability.

There are myriad rules governing when non-profits must file public notices of donation of money and services, but regulations have tightened in recent years. Save Our Sebasticook is not required to file public notices of its donations because they do not total more than $25,000, Fletcher said.

His group raises just a few thousand dollars each year.

“I think Preti Flaherty understands the importance of this,” Fletcher said. “They understand the importance of energy independence. They’ve made it a priority.”

FPL Energy got final approval from the Federal Energy Regulatory Commission last week to tear down Fort Halifax Dam, which means Fletcher’s and Buxton’s efforts to save the dam have likely come to an end. Both men are puzzled, and angered, that a renewable source of energy is being destroyed at a time of drastically rising oil prices.

“If I had been approached by anyone I would have helped with this dam,” Buxton said. “I think it’s a travesty of energy and environmental policy.”


Craig Crosby—623-3811 Ext. 433
ccrosby@centralmaine.com

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