By Randall Chase, Associated Press 11:15pm, November 14, 2012 - Updated 11:38am, November 15, 2012Attorneys for Gov. Markell are asking a federal magistrate to dismiss a challenge to a scheme to lure California-based fuel cell manufacturer Bloom Energy to Delaware with millions in state incentives and higher rates on Delmarva Power customers.
FuelCell Energy Inc., a Connecticut-based fuel cell manufacturer, argues that the Bloom Energy deal, one of Markell's signature job creation efforts, amounts to economic protectionism and discrimination.
Attorneys for Markell argued Wednesday that the suit should be dismissed because FuelCell has made no effort to conduct business in Delaware and thus cannot show that it has been harmed.
They also asked the judge to dismiss the claims of John Nichols, a Delaware resident challenging the higher rates imposed on him and other Delmarva Power customers to pay for the Bloom deal.
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