Rep Keable disputes Burrillville Town Attorney accusation that he brought Invenergy to town


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oleg
Oleg Nikolyszyn

A video showing Burrillville Town Council Attorney Oleg Nikolyszyn telling a resident that Rep Cale Keable is responsible for bringing the Invenergy power plant to the town has surfaced. In the video, Nikolyszyn says, in reference to the power plant, “Why don’t you ask Mr. Keable why he proposed this whole project in the first place? It was his idea.”

Keable calls the accusation “ludicrous.”

Nikolyszyn’s statement, if true, would seriously rewrite the history of the circumstances under which Invenergy decided upon Burrillville as the location for a fracked gas and diesel oil burning power plant. I reached out to Representative Cale Keable and asked about Nikolyszyn’s accusation. Keable denied Nikolyszyn’s version of events. His full statement is compelling reading and helps to fill some holes in the timeline of Invenergy’s interest in our state:

Solicitor Oleg Nikolyszyn and others’ suggestion that I directed Invenergy to Burrillville is ludicrous and an obvious example of political “hot potato.”  Mr. Nikolyszyn, who was appointed by the Republican majority on the council, should concentrate on providing legal advice to the town council instead of engaging in petty, partisan finger pointing on behalf of its Republican members and town manager, Mike Wood.  Mike Wood and the town council have faced the town’s disgust at their actions and now they desperately seek a way to make their problem mine.  I know my friends and neighbors in Burrillville will see this obvious political tactic for what it is.  Unlike others, I know my people are smart, intelligent people, capable — and deserving of — self-determination.

“When, after listening to the people of Burrillville, I made the decision to oppose siting of a massive, oil and gas burning power plant in Pascoag, people immediately told me that power plant proponents would find a way to attack me.  After all, there is a lot of money at stake.  So this obvious and desperate attempt at political character assassination, just as the people seek redress in the General Assembly — which is exactly what several members of the town council instructed them to do — does not surprise me in the least.  Even the casual observer should be suspicious of the timing of Mr. Nikolyszyn’s statement.

“It is well known in Burrillville that our town manager, Mike Wood, intimidates anyone that steps out of line, including town council members and town employees.  As the whole town has seen, Mike Wood now has them toeing the Invenergy line.  I, however, refuse to live in fear of Mike Wood’s intimidation tactics.  Obviously, that has made me a target.  I will not allow his bullying to stop me from representing my friends and neighbors as best I can.  If that means I can never win another election, then so be it.  My only question for the town council is: “why have you not joined Sen. Fogarty and I in opposing Mike Wood’s power plant?”

“The Invenergy proposal and forthcoming tax treaty should be about one thing — what the people of Burrillville want for themselves.  Now, more than ever, I believe putting the power plant’s tax treaty before the voters is the only way to ensure our voice is heard and Burrillville’s best interests met.  Those in favor of a tax treaty can vote for it.  Those opposed will have their day at the polls.

“In the winter of 2014/2015 (either late December or January), Invenergy’s attorney — who I know and respect from the legal community and from the State House — asked me to attend a meeting in Burrillville with the town manager, whom the attorney did not yet know, his client, and the town planner to discuss a possible development in Burrillville.  Such an informational meeting is in not in any way out of the ordinary and I always try to assist my town with whatever needs that they might have.  I attended the meeting and learned of Invenergy’s proposal for the first time.  Invenergy’s plans had obviously been completely planned out before I was ever brought in the loop.  Again, the meeting was certainly not to ask my permission or anything of the like as Mr. Nikolyszyn would seem to suggest, it was informational.  The only thing that is curious about this meeting is the fact that apparently it was some time before Mike Wood — who heard the same information I did coming out of that meeting — bothered to inform the town council, who are nominally his boss.  This should not be surprising to those who understand Burrillville politics.

Cale Keable
Cale Keable

“Throughout 2015 and into early 2016, I had a neutral stance on the merits of the project and attempted to assist the town manager and town council in any way they asked.  During that time, I was asked to submit legislation to help Mike Wood’s power plant and had several conversations in that regard.  However, as the fact that the will of the people differed significantly from Mike Wood’s became clear to me, I did not submit legislation to help the power plant.  I suppose that like many, I did not fully grasp the threat to our town at that time.

“However, in March of 2016, as Sen. Fogarty and I spoke to at first dozens and then hundreds of Burrillville residents, I became convinced that Mike Wood’s power plant would hurt our town.  I therefore made the decision to publicly oppose the power plant in a letter to the Siting Board on April 7, 2016.  I would hope that Mike Wood, the town council, and the council’s staff stop their attacks against me in a transparent attempt to lay their problem at my feet.  Instead, I hope they stand up against the plant and for our people.  At a minimum, I hope they at least be intellectually honest and acknowledge the fact that they want Mike Wood’s power plant and will do anything to make sure it gets built, if that is their position.”

Whitehouse’s DISCLOSE Act rolled into #WeThePeople legislation package


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Sen. Sheldon Whitehouse at a community supper in East Greenwich.
Sen. Sheldon Whitehouse at a community supper in East Greenwich.

Senator Sheldon Whitehouse’s DISCLOSE Act is a central piece of a new package of legislation liberal Democrats and an independent put together to “reform government and make sure it works for all people, not just special interests,” according to a press release from the Rhode Island senator.

The DISCLOSE Act, or Democracy Is Strengthened by Casting Light On Spending in Elections Act, would require Super PACs, corporations and other big donors to divulge their associations with political advertisements. It was originally introduced in 2010 by Senator Charles Schumer. Whitehouse took over the legislation in 2012. That year, ThinkProgress called it one of the five most important bills blocked by congressional Republicans.

“Since the disastrous Citizens United decision in 2010, we’ve seen a tsunami of dark money and special interest influence wash over our political system and co-opt our government,” Whitehouse said in a news release. “We’ve got to shed light on the rigging of our system and return the power over government to the American people.”

Whitehouse’s contribution to the new legislation “would require organizations spending money in elections –  including super PACS and tax-exempt 501(c)(4) groups – to promptly disclose donors who have given $10,000 or more during an election cycle,” according to the news release. “The provision includes robust transfer provisions to prevent political operatives from using complex webs of entities to game the system and hide donor identities.”

Also in the package, Senator Patrick Leahy, of Vermont, has a bill that “shuts down individual-candidate Super PACs and strengthens the rules that prohibit coordination between other outside spenders and candidates and parties,” according to the release.

Sen. Angus King, an independent from Maine, has a bill that “requires all candidates for federal office, including those for the U.S. Senate, to report contributions of over $1000 to the FEC within 48 hours,” the news release said.

Sen. Tom Udall, a New Mexico Democrat, has a bill that “creates a new independent agency to serve as a vigilant watchdog over our nation’s campaign finance system” that “would consist of five commissioners appointed by the President and confirmed by the Senate and would have greater enforcement and investigation powers than those of the gridlocked FEC.”

Sen. Michael Bennett, D- Colorado, has a bill in the package that “permanently bans both House and Senate members from lobbying either house of Congress after they retire.” Another one from Bennett “requires lobbyists to register if he or she makes two or more lobbying contacts for a client over a two-year period, regardless of whether the lobbyist spends more than 20 percent of his or her time serving the particular client.”

Sen. Tammy Baldwin, a Wisconsin Democrat “has a provision that prohibits private sector employers from offering bonuses to employees for leaving to join the government. Her bill also includes language to slow the revolving door by increasing cool down periods for those leaving government service and expanding recusal requirements for those entering.”

Burrillville Democratic Town Committee opposes power plant


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2016-03-22 Burrillville 001WHEREAS, Invenergy’s Clear River Energy has proposed a $700 million project to construct a natural gas-fired electric power plant in the Town of Burrillville, which will consist of two single shaft “H” Class combined cycle units with output up to 1000 Mega watts, air cooled condensers and duel fuel capability (natural gas and oil back up) and is schedule for a June 2019 commercial operation date for Unit 1 and 2020 for Unit 2 and;

WHEREAS, the Burrillville Democratic Town Committee has deep reservations and concerns about the safety and quality of life for local residents if the Clear River Energy Center comes to fruition, and;

WHEREAS, the Burrillville Democratic Town Committee has historically and proudly striven to protect the rural character of Burrillville and Northern Rhode Island through legislative means and does now believe that the town’s infrastructure will be tested beyond limits to support the proposed power plant, and;

WHEREAS, the Burrillville Democratic Town Committee has been and will always continue to be a strong supporter of our environment and protector of our piece of a rural, tranquil corner of the state, which has already seen the ill effects of severe water contamination and the trickledown effect of the same.

NOW, THEREFORE, BE IT RESOLVED by the Burrillville Democratic Town Committee, as tireless advocate of the core principles of the Democratic Party, in protecting the interests of working families, protecting our children and elders and those most vulnerable and fighting for sensible comprehensive planning, that it OPPOSES the construction of Invenergy’s Clear River Energy Center within the borders of Burrillville, Providence County or the State of Rhode Island and hereby goes on record of its decision to encourage the Energy Facility Siting Board to deny Invenergy’s request to locate its proposed construction in Burrillville, Rhode Island.

Passed as a Resolution of the Burrillville Democratic Town Committee this 7th day of June, 2016

The angry crowds never came to the Burrillville Town Council meeting


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BTC 02The Burrillville Town Council, through their press agent Dyana Koelsch, issued a “press release” Tuesday evening in which they laid out many of the details they are looking for in a tax agreement with Invenergy, the company that plans to build a fracked gas and diesel fuel burning power plant in Pascoag.

In the release the Town Council takes a strong stand against the Keable/Fogarty legislation that recently passed House but has seemingly stalled in the Senate that would allow Burrillville voters the opportunity to approve or reject any tax treaties negotiated by their Town Council with power plant operators. Many Burrillville residents felt betrayed by the press release, arguing that the Town Council has demonstrated that it is working against the people and in concert with Invenergy.

The decision to issue the press release was made without any apparent public announcement, hearing or vote. Town Manager Michael Wood explained that in light of the legislation introduced by Rep Cale Keable and Senator Paul Fogarty, “we felt it was necessary to get a statement out… We send these press releases where we think they need to go.” (Note: atomicsteve@gmail.com is a great place to send press releases)

BTC 01The issuance of the press release was likely decided at Tuesday night’s “special meeting” of the Town Council.  In trying to access the video of this meeting, I discovered that there was no video. “As the camera was not working, there is no video for the June 7, 2016 Town Council meeting,” according to an email from the town clerk.

Too bad. It would have been interesting to hear what discussions, if any, pertained to the issuance of the press release.

The Town Council must have been expecting fireworks at their regular Town Council meeting last night. Upon arrival I noted the presence of at least four police cars and several officers outside. There was a heavier than usual police presence inside the Town Building at 105 Harrisville Main St. as well. Present was the entire Town Council, except for Kimberly Brissette Brown, who was absent. Also present were Town Manager Michael Wood, legal counsel Oleg Nikolyszyn, Town Clerk Louise Phaneuf and Koelsch.

The large, angry crowd never materialized.

In a phone interview, Koelsch told me that her PR firm was hired by the Town Council “to help them disseminate information in the best way we can to folks in town… The Town Council needs to speak with people in town and they need to let people know what they’re doing.” Clearly the Town Council thought her expertise would be useful in dealing with the angry crowds coming to the Town Council meeting.

About 20 people showed up. Only two residents from Burrillville talked to the Town Council: Donna Woods and Jaime Tessier. Instead of attending the Town Council meeting, most Burrillville residents concentrated their energies on the Senate Judiciary hearings in the State House in Providence.

The two Burrillvillians who addressed the Town Council did not mince words.

Donna Woods called the Town Council actions in sending the press release “shameful” and “corrupt.”

“You will be remembered for generations in this town for what you have done to us,” she said.

Jaime Tessier said to the Town Council, “That letter showed a complete lack of respect for the people you are supposed to represent.”

A gloomy Council President, John Pacheco III, ran the meeting almost by rote. He did not seem happy to be there. As the Council moved on from public commentary and into the regular meeting, they did so as 20 or so Burrillville residents simply sat there and watched, silently.

After the regular business was conducted, the Council went into “executive session” to hold a meeting about the Invenergy power plant. The public was not allowed to attend. In addition the the Town Council members the closed session was attended by Wood, Nikolyszyn, Phaneuf and Koelsch. The minutes and vote in the executive session have been sealed, but after coming out of closed session the Council announced that they had passed an official resolution that echoed the main points of the press release issued the day before.

Resolution

Patreon

Senate committee tables Burrillville bill


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nesselbushThe Senate Judiciary Committee held for further study a bill that would give Burrillville residents a role in determining the tax rate a proposed power plant would pay to the town. The committee took six hours of testimony, before and after the full Senate session. About 50 people spoke, about two-thirds of who oppose the power plant and support the legislation that would give town residents veto power over a tax treaty.

DSC_4460 (1)Senator Harold Metts motioned to hold the bill for further study and Chairman Michael McCaffrey seconded. No senator voted against holding the bill for further study. It passed the House the day before 64 to 7.

Earlier in the week, Senate President Teresa Paiva Weed declined to comment on the bill to a gaggle of reporters. Senate Majority Leader Dominic Ruggerio sat in on the session as an ex oficio member. Last week he told RI Future he did not support the bill and does support the power plant.

“I’m afraid this bill could have very bad repercussions and effects,” Ruggerio said. “I’m concerned about our energy needs in the Northeast.”

DSC_4458 (1)
Paul Fogarty

At yesterday’s hearing, senators Stephen Archambault, Donna Nesselbush and Frank Lomardi spoke out adamantly against the bill.

“From our side as state legislators, to them thwart every local government process where hopefully you would have good people elected who would listen to you,” Nesselbush told a Burrillville resident who had just finished explaining that the town council has not been listening to the residents. “I am loath to change a statewide approach because perhaps one town councilor is not doing his or her job. Your local government is supposed to represent you.”

Archambault said residents should not have a say over the tax treaty between the town and the corporation. “The town council, at large, has been elected and is in a position to best negotiate tax treaties.”

Burrillville residents say the bill is necessary because they can’t trust their town council to negotiate in good faith. The legislation would add a town vote on any tax treaty the council negotiates with a power plant corporation. It would increase membership on the state Energy Facilities Siting Board from 3 to 7, one of whom would be a representative of the state Water Resources Board. This is important to Burrillville residents because the proposed power plant would be cooled with polluted water that the corporation says it can filter.

Protecting freedom to boycott oppression


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2015-12-13 Jewish Voices for Peace 018In February 2016, Representative Mia Ackerman introduced a bill H7736 “An Act Relating to Anti-Discrimination in State Contracts.” On its surface, this legislation seems to be an attempt to prevent the State of Rhode Island from entering into contracts with businesses that engage in discrimination based on “race, color, religion, gender, or nationality” —a position that appears respectable and moral.

But in reality, it is eminently clear that this bill is an effort to thwart the legitimate and constitutional rights of individuals and private companies to use the historic, legal, and non-violent practice of boycotts. There is a growing movement of conscience to use boycotts as a peaceful strategy against the human rights violations imposed by Israel against the Palestinian people. This House Bill as proposed would itself discriminate against those have taken a principled stance for justice and international principles of human rights. The negative chilling effect this legislation would have on the free and just expression of conscience runs counter to the very spirit, practice and legacy of the State of Rhode Island and its founder Roger Williams.

Boycotts have long played a significant role in U.S. history as evidenced prominently by the civil-rights movement and the anti-apartheid South African divestment movement. The Supreme Court itself has ruled that boycotts “to effect political, social, and economic change” are protected by the First Amendment of the Constitution. There is a growing movement to use boycotts as a strategy against the human rights violations imposed by Israel against Palestinians in Israel and the occupied Palestine territories.

Detractors claim that calls for the “Boycott, Divestment and Sanctions” (BDS) of companies that are involved in human-rights violations in Israel and the occupied West Bank are anti-Semitic and aimed at bringing about the eradication of Israel. BDS is not a challenge to Judaism or Jewish people, it is a non-violent tactic targeting Israeli policy of occupation of the West Bank and Gaza; thousands of Jewish citizens in the United States support BDS. Importantly, the BDS movement does not target individuals based on their Israeli nationality; it targets Israeli institutions and other companies doing business in Israel and within the illegal West Bank settlements—strictly because of their complicity in human-rights violations. Such calls for boycott are based on deep concerns for human dignity, human rights and international law and are indeed intended to effect peaceful and positive “social and political change.”

As the Rhode Island chapter of the national organization Jewish Voice for Peace, we strongly oppose this bill in our state house. Jewish Voice for Peace membership includes both Jewish and allied members that are inspired by Jewish tradition to work together for peace, social justice, and human rights.

As an organization of Jews and allied friends, Jewish Voice for Peace Rhode Island supports BDS as a non-violent and legal means to apply economic and political pressure on the Israeli government to end the unjust system of occupation and to comply with international law, giving due rights to Palestinians and to Arab citizens of Israel. We believe that these tactics need to be protected from attempts to curtail them through legislative measures like H7736 and strongly urge House Speaker Mattiello and other members of the legislature to prevent passage of this bill.

House budget raises bus fares on most vulnerable in six months


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2016-05-23 RIPTA 011Some of Rhode Island’s most vulnerable people were dealt a serious blow in the recently released House budget. Disabled and senior Rhode Islanders are going to be hit with a bus fare hike now expected to start in January.

Hundreds of seniors and disabled people have given moving testimony over the past year about how they can’t afford this bus fare hike on their limited income and will be stuck inside their residences, rarely able to go out. Advocates had called for the House budget to include money to prevent the fare hike. RIPTA Riders Alliance is disappointed that the House budget did not do this.

All the budget does is to reschedule the fare hike — RIPTA had wanted this fare hike to start this July 1, and the House budget provides only enough funding to postpone the fare hike by six months (to January 2017), according to the Providence Journal and legislative leaders. This fare hike will be devastating to Rhode Island’s most vulnerable seniors and disabled people who rely on public transit. It would be a travesty for the General Assembly to go home on vacation without addressing this problem, leaving the fare hike to take effect at the beginning of next year.

These low-income seniors and disabled people will be left in further isolation, and isolation increases feelings of depression and other medical problems. In many cases they will have to cut back on shopping trips, volunteer work, and visiting friends and family, or squeeze money elsewhere in their fixed-income budget.

This fare increase on the most vulnerable has already roused considerable opposition from the wider public, and the General Assembly cannot shirk its responsibility here. Only about $800,000 more in the budget was needed to prevent this harmful fare increase from taking effect, and the General Assembly should pass the bills (H7937 and S2685) which cancel this fare increase, as Rhode Islanders want.

[From a press release]

Sierra Club mobilizes to prevent veto of Keable/Fogarty power plant bill


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Raimondo
Gina Raimondo

The Rhode Island Chapter of the Sierra Club has sent an email to their subscribers asking them to call Governor Gina Raimondo and urge her not to veto the Keable/Fogarty bill that will allow Burrillville voters to vote on any tax agreements their Town Council makes with Invenergy for the proposed fracked gas and diesel oil burning power plant in Pascoag.

The Sierra Club has “made it our top priority to fight the proposed billion dollar fracked gas and oil power plant that a major corporation wants to build in the beautiful town of Burrillville, Rhode Island.”

Here’s the good news: there is legislation making its way through the General Assembly that could stop this insane new plant. In fact, a bill by Rep. Keable and Sen. Fogarty that would give the town of Burrillville the authority to hold a local referendum on the proposal is looking likely to pass both the House and the Senate!

Now here’s the bad news: Governor Raimondo is a big supporter of the power plant, and she has threatened to veto this legislation.

The email goes on to say, “Make no mistake, a veto by the governor would be a betrayal of everyone who cares about our planet, and of future generations of Rhode Islanders. It would represent a suicidal double-down on the dangerous fossil fuel economy that has taken our climate to the brink and that promises so much more destruction in coming years.”

The email conatins a handy button to contact the Governor, reproduced here:

You can also reach her office can be reach by phone at (401) 222-2080, by email at governor@governor.ri.gov, and online here. The Sierra Club asks that callers please repeat this message, as loud and clear as you can:

Governor, I urge you to stand by your campaign commitment to fight climate change. Please do not veto the Keable/Fogarty legislation to give local voters a say in this massive new fossil fuel investment. This decision will define your environmental legacy – I hope you make the right choice, for the sake of our children, grandchildren, and all future generations of Rhode Islanders.

Representative Aaron Regunberg, a co-sponsor of the bill in the House, echoed the Sierra Club ask but also wrote in an email to his constituents that,

“There are a lot of good people in the building trades who support this proposal, and I feel for them – they need work, and they see this project as their best chance to support their families. That’s why I also commit to fighting – just as hard – for a renewable energy agenda that will create good, family-supporting jobs for folks who need them. We know it’s possible, and I’m ready for the fight.”

Four of Sidewalk Seven to be arraigned in DC Superior Court


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The four women of the Sidewalk Seven who were arrested on May 16 in Washington, DC, for blocking the entrance to the underground garage of the building housing the Federal Energy Regulatory Commission (FERC) will be arraigned in Superior Court on Thursday, June 9.  The four are Claude Guillemard, of Baltimore, MD,  Ellen Taylor of Washington, DC, Linda Reik of Upper Delaware River, NY; and Melinda Tuhus of New Haven, CT.

Cims0LeWkAAAmIi The arrests happened on the first day of the Rubber Stamp Rebellion, a week of action protesting FERC’s endless stream of approvals of the fracked-gas projects that plague the nation. FERC’s projects, accepted with nary a whimper of Rhode Island’s congressional delegation,  have gained special notoriety in Rhode Island with Inverenergy’s planned gigawatt power plant in Burrillville and National Grid’s proposed gas liquefaction facility in Fields Point, Providence.

Explaining why he had participated in the blockade, Peter Nightingale, a member of Fossil Free Rhode Island and a URI physics professor, stated that he helped block one of the driveways leading to a FERC parking garage as an act of civil resistance and a symbolic attempt to stop what he calls a crime in progress:

 Our government no longer serves “the common benefit, protection, and security, of the whole community.”  [See article 10 of the New Hampshire Constitution, the Right of Revolution.]  As trustee of the environment, government is delinquent in its fiduciary duty to preserve a habitable climate for present and future generations.  The pretense that the Paris Agreement of 2015 can be implemented by expanding the fracked-gas infrastructure here and abroad is an act of ecocidal recklessness.”

An employee of the United States Attorney’s Office for the District of Columbia wrote: “I cannot find Peter Nightingale, Claude Guillemard, Don Weightman, or Clarke Herbert in the system.”   This sound like perfect case of gender bias, except that Claude Guillemard happens to be a woman.  She once was lost but now she’s been found.

Attorney Mark Goldstone, a First Amendment lawyer who regularly defends political protestors—includingDouglas Hughes, the postal worker who landed a gyrocopter on a White House lawn—explained  that if a case is “not papered,” the government has decided not to go forward with the charge. This does not guarantee that they could not paper it later, but, as Goldstone added, he has never seen this happen in his 30 years of experience.