Burrillville residents refuse to drink tax treaty Kool-Aid


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2016-10-27 Burrillville Town Council 07
Michael McElroy

Wednesday night’s Burrillville Town Council meeting hearkened back to the early days of public opposition against Invenergy’s $700 million fracked gas and diesel oil burning power plant planned for the town. Back then, we saw a public that was distrustful of the town council, and a town council that was not receptive to the idea of opposing the power plant, early on claiming to be powerless against the combined might of Invenergy, Governor Gina Raimondo’s office and regulators.

The town council then took the position, contrary to the Open Meetings Act, that people in the town were only allowed to talk about issues and subjects that were specifically listed on the town council’s agenda, cutting off discussion about the Algonquin pipeline if the power plant was on the agenda, or vice versa.  In December of last year, calls from the town council to trust them elicited groans of dismay from the audience.

2016-10-27 Burrillville Town Council 04Then, in April of this year, it was learned that the town council had been in secret negotiations for a tax treaty with Invenergy for months. The town council was still forcing residents to only speak about “agenda items” and working hard to curtail public discussion, contrary to the Open Meetings Act.  The growing resistance in Burrillville to the power plant felt disempowered. Not only were they fighting a multi-billion dollar power plant company funded by a Russian oligarch, they were fighting both the state and local governments. The fight seemed impossible and trust between the town council and residents couldn’t be worse. Or so they thought.

At an April 14 town council meeting Council President John Pacheco said that the town council learned about Invenergy’s plans when everyone else did, during a press conference held by Governor Raimondo announcing the plant, saying, “As a town council, we did not know this plant was actually going to happen until the Governor announced it.”

2016-10-27 Burrillville Town Council 05This turned out to be inaccurate. Videos of town council meetings from February and March of 2015, on the town council’s own website, showed the town council and state legislators paving the way for the controversial Invenergy power plant months before the governor officially announced the project. Over time some of the details about how Invenergy approached the town came to light, but the complete story, and who opened what doors to the power plant, has yet to be revealed.

The town council eventually came to a public position regarding the power plant: The town council would put on a public display of strict neutrality, taking no position for or against the power plant, until after all the advisory opinions from various town boards had been completed. This was so as to appear to not influence the outcomes of the various advisory opinions and give the Energy Facilities Siting Board (EFSB) a reason to suspect that the opinions might be slanted in some way.

2016-10-27 Burrillville Town Council 02State legislators Cale Keable and Paul Fogarty went a different route. They entered legislation at the state level that if passed, would give voters in Burrillville the ability to approve or reject any tax treaty negotiated between the town council and Invenergy.

The bill passed the House and was due for consideration and a vote in the Senate when the town council passed a resolution in opposition to the Keable Bill at the 11th hour, giving the Senate Judiciary Committee enough of a reason to vote down the bill. The relationship between the town council and residents was now overtly acrimonious. There were tears from Town Councilor Kimberly Brissette Brown and anger and accusations from Town Councilor Donald Fox. Residents spoke of feeling “humiliated” at the State House as the press release announcing the resolution was sprung on them by Senators Frank Lombardi and Steven Archambeault, who treated the residents with risible condescension.

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Lawyers and Town Councillors strategize during break

Since that low point, the town council and residents worked to rebuild trust. Residents by this time were long past being held to arbitrary and incorrect readings of the Open Meetings Act. They spoke their minds, expressed their concerns and the town council, to their credit, finally seemed to be listening. They seemed to come together as a town when Governor Gina Raimondo visited to hear resident concerns about the power plant.

After the lengthy process of creating the advisory opinions concluded, the town council passed an extremely robust resolution opposing the power plant and asked other city and town councils in and around Rhode Island to join them in opposition. Many already have and many more are considering joining Burrillville in opposition to the plant. But the Burrillville Town Council’s opposition came with a caveat: They still planned to sign a tax treaty with Invenergy, a tax treaty that the town residents want to hold off on signing.

At issue is the timing. The town council maintains that they have negotiated a solid tax treaty that will protect the town in the event the power plant is built, and guarantee a steady stream of income to the town. The residents want to wait until after the EFSB decides on Invenergy’s application before signing any treaty. Right now, the power plant’s application is suspended, pending Invenergy’s search for a new source of water. Signing the tax treaty, say residents, gives Invenergy extra leverage in negotiating a deal with another municipality, like, let’s say, Woonsocket, to purchase water. The town’s opposition to the power plant must be unified and consistent. Opposing the power plant with a resolution sends one message, signing a tax treaty with Invenergy sends another.

2016-10-27 Burrillville Town Council 01At Wednesday night’s hearing, Attorney Michael McElroy, who negotiated the tax treaty, said that the opposing the power plant and signing a tax treaty were not inconsistent actions and would not be seen that way. “I want to make it… clear that I see no inconsistency between entering into these agreements and dead set opposition to the plant,” said McElroy.

But McElroy is a lawyer. He is not a business man trying to buy water to cool a power plant. What businessman wouldn’t mention the tax treaty as proof that the town council is actually okay with having the power plant sited in their town? The resolution in opposition will be described behind closed doors as merely political theater, something to satisfy the rubes while the real business of government is imposed by the movers and shakers in secret meetings paid for with political contributions.

McElroy did his best to sell the tax treaty to the residents. He spent 45 minutes outlining the deal, expressing the need for a treaty. One reason McElroy gave, that didn’t sit well with residents, was that, “I want to get paid.” The money generated by this tax treaty will give the Town of Burrillville the money it needs to fight the siting of the power plant all the way to the Supreme Court, if need be. The lawyers and experts needed to fight such a case cost money, said McElroy, who included himself in those expenses.

McElroy suggested that if the town council did not pass the tax treaty, Invenergy might pull it off the table. He assured the audience that contrary to what Conservation Law Foundation senior attorney Jerry Elmer says, the plant will be built without a tax treaty in place.

Residents weren’t buying it. Towards the end of what turned out to be a five hours plus meeting, it was obvious that the town’s people were not willing to drink the tax treaty Kool-Aid. Forty people spoke against passing the tax treaty. Two spoke in favor of trusting the town council and McElroy’s advice.

Ultimately the town council recessed without doing anything on the tax treaty. There is a plan to take up the issue again next week.

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Midnight, during a short break

Good Republican discourse in Burrillville


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Donald Fox

“So fucking recall me,” said Burrillville Town Councillor Donald Fox, then, turning to the Burrillville residents who had stopped to watch the argument, continued, “and that’s going for all you guys listening. Recall me. It’s okay.”

After Wednesday night’s record breaking Burrillville Town Council meeting, which lasted until twenty minutes past midnight and resolved nothing regarding the tax treaty between the town and Invenergy, the company that wants to bring a $700 fracked gas and diesel oil burning power plant to the town, Burrillville Town Councillor Donald Fox was heard having a loud conversation with candidate for town council Ray Trinque, who also serves on the town’s sewer commission.

The discussion was in the parking lot of the Burrillville High School, after the town council finished its business. Several people were in the parking lot watching and listening to the conversation, including Jeremy Bailey, a Burrillville resident and a Democratic candidate for town council.

Ray Trinque
Ray Trinque

The conversation between Fox and Trinque is “about the sewer commission’s role with Invenergy’s application,” but it quickly dovetailed into events that happened earlier in the year, when Burrillville residents were considering initiating a recall petition against members of the town council. Trinque claims to have interceded on behalf of Fox.

Here’s the transcript, as best as I could hear:

“So why are you trying to make people think that we can stop it, that if the sewers are…” says Fox in the video.

“I didn’t say that…” interrupts Trinque.

“But that’s what everyone in that fucking theater thinks,” exclaims Fox, gesturing towards the high school auditorium.

“I asked a question,” counters Trinque, “But this is why I’ve avoided these town council meetings…”

“Well you should if you’re going to bring up shit like that because you know we can’t do anything about it!”

“Yeah but the whole point is, the first one I get to, I mean [garbled] because I’m not loyal enough…”

“I don’t give a shit!” says Fox.

[crosstalk]

“I’m as loyal as they get!” says Trinque.

“I don’t care about that at all,” says Fox.

[crosstalk]

“Ray, that has nothing to do with this process.”

“This has to do with this process,” says Trinque, “because when these guys were going to recall all of you and wanted you number one…”

“Fucking recall me!” exclaims Fox, “It’s okay!”

“Let me tell you, I talked them into not doing it…” Trinque tries to say.

“It’s okay!” exclaims Fox again, “You know me…”

“Because it would have been ultimately unsuccessful and it would have…”

“You know I don’t care,” says Fox, exasperated, “I’ve got better things to do.”

“I understand that,” says Trinque.

“So fucking recall me,” says Fox, then, turning to the Burrillville residents who had stopped to watch the argument, “and that’s going for all you guys listening. Recall me. It’s okay.”

It’s at this point in the video that Fox notices Bailey recording the conversation.

“You’re going to film it? You’re filming it?” Fox asks.

“Yup,” says Bailey.

“You are such an unbelievable,” says Fox.

“Listen,” says Fox, turning his attention back to Trinque, “It doesn’t matter. You know that we can do nothing about the sewer commission… We’re doing what’s right and you know that. We’re doing everything by the book and to throw stuff out like that is…”

At this point the pair are interrupted by a person in a car.

“Can I help out?” asks the motorist.

“No, this is two Republicans going at it,” says Fox.

“You know,” says Trinque, “Good Republican discourse.”

“We got the Hollywood guy over here filming,” says Fox, gesturing towards Bailey.

In an email, Fox wrote a lengthy reply to the video, which I am including in it’s entirety below:

Ray and I were arguing about the sewer commission’s role with Invenergy’s application.  I took exception to him making public comments about the sewer commission’s capacity when he knows very well that the Town Council cannot control what the Sewer Commission does.  Plus, if the power plant company gets their DEM permitting and all is in order according to State regulations, the Sewer Commission cannot stop them from using the system.  But to bring that up in that manner, when the residents were there to talk about the proposed tax treaty agreements, can lead people to incorrectly believe that the TC can do something about it.  We cannot.  I repeat that we cannot stop Invenergy from using the sewer plant for discharge.

“I have known Ray Trinque for years and appreciate the service he has done for this town through is efforts on the School Committee.  We have often talked about the town, the role of the TC, the role of the School Committee.  It was this Council that appointed Ray to the Sewer Commission.  We have attended many events together and I am proud to call him my friend for the wonderful work that he does with the veterans groups.  So we feel very easy talking about any issue, whether we agree or not.  Ray mentioned a recall effort and I told him that I do not care if I am recalled for doing what is right.  I have never done public service for anything but that – public service.  I will always do what is correct for the Town, not what is correct for politics.  I hate how the power plant issue has been used as a political tool by some in town.  And I am proud of the efforts made by this Town Council to stay away from that and not make it a political issue.  If Council members wanted to use this as a political tool that effort would have been made 2 years ago when Rep. Cale Keable brought the plant to town.

“I have heard about the recall rumors for months and my stance has not changed or been influenced by that.  Let me give you some background on myself.  I never did military service when I was younger and am so very proud of the men and women that I know in my life who have done such service.  One of my best friends has done multiple tours overseas in Iraq and Afghanistan, in horrific conditions.  I feel that serving on boards, commission and Council has been my small way of doing something worthwhile for the greater good of my community.  While it can in no way be compared to the sacrifices that our armed forces make, I take a page from my friend’s book – I do not back down to pressure and will always do what is right.  Recall rumors do not affect me and I do not care about them.  That is political garbage and it will not sway me on how I conduct myself as a Council member.

“Let me repeat that, I do not care about such things.  If the constituents of this town feel that I should be recalled for executing, to the best of my abilities, the responsibilities of a Council Member then that is their legal  right.  My voting record is clear.  My actions are clear.  My stances are clear.  I believe in Burrillville.  I want to protect it as much as anyone.  I am raising my 3 children and family here.  I invested $1.1 million of my own money in a new building in Burrillville, when there were cheaper options to build or lease elsewhere in RI and in MA..  I put my money where my mouth is because I believe in this town.

“So when someone like Jeremy Bailey wants to film me and Ray Trinque having a passionate argument about what is good for Burrillville, I do not care.  As I said, Ray and I are friends who have both long served the town, supported the town and care about this town.  According to this week’s Bargain Buyer, Mr. Bailey is a one topic candidate and does not deserve votes in this community due to potential conflict of interest that he has.  The ad questions how he can vote on power plant related issues when he is listed on the abutter list  in the PVGA.  I have to agree with whoever placed that ad.  Mr. Bailey not only has his facts wrong, but he has been a pawn of the Democratic Town Committee in its effort to make the power plant a political issue.  Mr. Bailey’s actions as a sneaky filmmaker do not concern me.  What concerns me is doing what is right for this town.  What concerns me is being part of a Council that has done things the right way since the plant came to town in December of 2014.  What concerns me is that our Council has worked and continues to work for the good of this town and has put aside political aspirations and goals while doing work on the power plant issue.  No one can accuse this Council of not doing what if feels is best for the town as a whole.

“You in your blog very early on questioned this Council for its neutrality so that our boards’ advisory opinions would not be tainted.  Turned out that we did the right thing for the town as a whole.  Yet we were attacked repeatedly by you and others for making this difficult stance.  If people want to recall me for taking such actions, then recall me.  No one will ever accuse me or anyone on this very sound and professional Council of doing anything but what is best for the town.  If you are going to write about this, please include my complete reply herein.”

TD Bank targeted by protesters for DAPL support


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2016-10-26-td-bank-05The FANG Collective staged a demonstration outside TD Bank Wednesday to protest the company’s support of the Dakota Access Pipeline (DAPL), which is even now being blocked by First Nation protesters from many different tribes. TD Bank is one of many lending institutions financing the pipeline.

2016-10-26-td-bank-02This protest follows an action last week in which two protesters locked themselves down in the bank’s lobby and had to be removed by police. Wednesday’s action, which was publicly announced on Facebook, drew a Providence Police detail, but the entire affair was very low key, and no arrests were made.

2016-10-26-td-bank-01Protesters handed out flyers and held signs. One woman, Amy, after hearing from protester Sally Mendzela about the bank’s involvement with DAPL, told me that though she had come to open an account with the bank, she was not. Mendzela said that the woman was the second person to be dissuaded from doing business with TD Bank since she arrived.

Meanwhile, tensions remain high between the “water protecters” and DAPL developer Energy Transfer Partners. Tribes are invoking their treaty rights even as the developer threatens arrests and even violence. As reported by Mary Annette Pember, “the Morton County Sheriff’s Department backed by North Dakota Governor Jack Dalyrmple continued to ratchet up displays of military-style police force.”

The video below, published by Jennifer Minor on October 25, shows police using pepper spray before arresting protesters.

https://www.youtube.com/watch?v=066h12rmcDQ

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Proposed Burrillville power plant proves a windfall for Woonsocket Mayor Baldelli-Hunt


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If you want to buy municipal water from Woonsocket, the first meeting with the mayor is free. The second meeting might cost a campaign donation. That is the appearance given when Adler, Pollack and Sheehan, the law firm representing the proposed power plant in Burrillville, had two meetings in September with Woonsocket Mayor Lisa Baldelli-Hunt, separated by an expensive fundraiser in a high end Italian eatery.

The revelation prompted one Burrillville resident to quip,”Maybe we should be giving the mayor some money.”

9-7-meeting

On September 7, according to information gleaned via an Access to Public Records Act (APRA) request, representatives from Mayor Baldelli-Hunt’s office met with representatives from Invenergy. City councilors, who were briefed after the fact, confirmed the meeting pertained to selling water to the power plant to cool its turbines.

Michael Marcello
Michael Marcello

This meeting lasted 30 minutes. City Solicitor Michael Marcello, who is also a state representative from District 41 representing Scituate and Cranston, would release no further information about this meeting, saying that the details are secret at this time. Marcello served with Baldelli-Hunt when she was a state rep from 2006-2013.

On September 15, at a fundraising event held at Trattoria Romana, three lawyers from the company Adler, Pollock and Sheehan (APS), the law firm representing Invenergy before the state’s Energy Facilities Siting Board, donated a total of $1,000 to Baldelli-Hunt’s campaign, according to the Mayor’s campaign finance reports – including a $250 donation from a lobbyist for Invenergy.

trat

Robert Brooks, APS
Robert Brooks, APS

Robert Brooks, Managing Partner and Chairman of the firm’s Labor and Employment Law Group, donated $250. This is the first time Brooks, a prolific political donor, has given Baldelli-Hunt any money.

ucci
Stephen Ucci, APS

Stephen Ucci, who is also a state representative for District 42, representing Cranston and Johnston, and who sits on the House’s Labor and Rules committees, donated $500. Ucci, who served with Baldelli-Hunt and Woonsocket City Solicitor Marcello while they both served in the House, has given a total of $750 to the mayor in the past.

beretta
Richard Beretta Jr, APS

Richard Beretta Jr, is not only listed on the APS website as “currently engaged in the permitting process for a 1000 MW power plant” (the one Invenergy plans for Burrillville) but is also listed  by the Rhode Island Secretary of State as a registered lobbyist for Invenergy. Beretta gave $250 on September 15. He previously gave Baldelli-Hunt $200 in February of 2015.

9-19-meeting

Four days after this fundraiser, in which employees of APS gave Baldelli-Hunt at least $1000, Invenergy had a second meeting with Baldelli-Hunt’s office. This meeting was also about procuring water and lasted an hour.

Mayor Baldelli-Hunt, who is running on a “pro-business” platform, has another fundraiser planned for November 3 at River Falls Restaurant, from 6-9pm.

Invenergy was recently granted a 90-day extension on their application because the company has failed to come up a with a water source to cool the plant. The Woonsocket Call reported yesterday that City Councillor Daniel Gendron knew nothing about the two meetings, saying, “Really? That’s more than I knew. And that in itself is concerning.”

baldelli-hunt-file
Lisa Baldelli-Hunt

According to The Call, Gendron and Council Vice President Albert Brien Jr “sent Baldelli-Hunt an e-mail Monday advising her that the City Charter requires the administration to keep members of the council in the loop about the status of business negotiations.” They have requested that the mayor, “expeditiously communicate with the council and provide ALL pertinent emails and other relevant communications between the city and representatives of Invenergy together with any other information that may enlighten all of us as to what exactly is being negotiated at this time.”

eugene-jalette
Eugene Jalette

Baldelli-Hunt has refused frequent calls for comment from RI Future for weeks now. At a candidate forum in Chan’s Restaurant in Woonsocket last night, Woonsocket Public’s Safety Director Eugene Jalette refused to let residents of Burrillville, Nick Katkevich of the FANG Collective or this reporter approach the mayor to ask questions.

ucci-contribution trat brooks-contribution

Pipeline tariff killed in Connecticut, Rhode Island an outlier


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The Connecticut Department of Energy and Environmental Protection (DEEP) has decided against the proposal for gas capacity tariffs on the Spectra Access Northeast pipeline. This announcement comes on the heels of decisions by the Massachusetts Supreme Judicial Court and New Hampshire Public Utilities Commission rejecting similar proposals. The Rhode Island Public Utilities Commission (RIPUC) declined to kill the local version of the plan in September, but the plan seems doomed anyway.

“With yet another state abandoning proposals for more natural gas pipeline capacity, these efforts to expand fossil fuel infrastructure in New England have hit a virtually unsurpassable roadblock,” said Conservation Law Foundation (CLF) president Bradley Campbell in a statement. “Without Massachusetts, New Hampshire or Connecticut in the mix, Spectra has lost a whopping 84 percent of the customer base needed to finance this ill-conceived proposal. It’s time to kill this project altogether and look forward to opportunities for the clean, renewable alternatives that our families demand, our markets expect and our laws require.”

It is unknown when the RIPUC will act to reject the proposal here.

 

‘We have no fossil fuel industry here in Rhode Island,’ said Governor Raimondo this morning, but actually…


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Gina Raimondo
Gina Raimondo

Governor Gina Raimondo was the introductory speaker Tuesday morning at the AWEA Offshore WindPower 2016 conference in Warwick. Raimondo spoke to the conference attendees, mostly representatives of various wind power companies and allied industries, with some federal and state government employees on hand as well. Raimondo was keen on selling Rhode Island as a place for the growth and development of renewable energy such as solar and wind.”

“I am an advocate for the environment,” said Raimondo, “and I usually begin my comments in audiences such as these talking about the reality of climate change… Climate change is real, caused by human activity and not going to go away on it’s own. It’s up to us, policy makers, business leaders, entrepreneurs to meet the challenge of climate change.”

2016-10-25-wind-conference-01Comparing the problem of climate change to her work on pension reform, Raimondo said, “Climate change isn’t that different from big, thorny fiscal issues, which is to say it’s not going to go away unless we take action and it’s only going to get harder the longer we wait. So we have to meet the challenges of climate change with urgency and a seriousness of purpose, in the same way we would with other fiscal challenges.”

The governor then made her pitch for creating jobs in the state. “As Governor of Rhode Island I want my state to be a leader. Number one, it’s the right thing to do, number two, I want our state to be known as the state that solves problems and meets challenges. But number three, the silver lining in meeting the challenge of climate change is that we can create jobs.

“The good news here is that we can create jobs in solar, in wind, in energy efficiency, and those are the kind of jobs that I want to have here in Rhode Island.

“My message is that all the things about Rhode Island that enabled us to be first, with Deepwater Wind, are the reason you ought to think about doing business in Rhode Island,” said Raimondo, before making a very questionable claim that, “we have no fossil fuel industry here in Rhode Island. We’re not ‘as attached’ to [the] ‘good old’ fossil fuel industry. That’s a big deal. That means we have a culture embracing of this industry [wind energy].”

The governor’s press secretary, David Ortiz, later clarified what Governor Raimondo meant by this statement, saying that, “her point was that the state has no fossil fuel deposits and does not extract natural gas, crude oil or coal.”

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Jeff Grybowski

Though this is true, it does not follow that Rhode Island has a “culture” embracing alternative energy. The fossil fuel industry has a giant economic, political and environmental presence in the state.

Putting aside the proposed Burrillville power plant, or any other of the proposed LNG infrastructure expansions in various stages of being approved, “Rhode Island’s Port of Providence,” according to the US Energy Information Administration (USEIA), “is a key regional transportation and heating fuel products hub” and “natural gas fueled 95 percent of Rhode Island’s net electricity generation in 2015.”

The USEIA goes on to say that Rhode Island “does not produce or refine petroleum,” as Raimondo’s office clarified, but, “Almost all of the transportation and heating fuel products consumed in Rhode Island, eastern Connecticut, and parts of Massachusetts are supplied via marine shipments through the Port of Providence. The port area has petroleum storage tanks, and a small-capacity petroleum product pipeline runs from the port to central Massachusetts.”

Sheldon Whithouse
Sheldon Whithouse

Rhode Island is heavily dependent on LNG imports. “Electric power generators and the residential sector are Rhode Island’s largest natural gas consumers. More than half of the natural gas consumed in the state goes to the electric power sector and almost all in-state electricity generation is fueled with natural gas,” says the USEIA, “Historically, natural gas has arrived in Rhode Island from producing areas in Canada and from the U.S. Gulf Coast and Mid-Continent regions, but increasing amounts of natural gas are coming from Appalachian Shales, particularly the Marcellus Shale of Pennsylvania.” This makes Rhode Island heavily dependent on fracked gas for its power generation.

And finally, as far as the dirtiest fossil fuel, coal, goes, “Providence is one of the leading coal import centers in the northeast, receiving one-tenth of the imported coal delivered to eastern customs districts in 2015. The state is part of the six-state Independent System Operator-New England (ISO-NE) regional grid. And, although Rhode Island and Vermont are the only two states in the nation with no coal-fired electricity generation, the ISO-NE grid remains dependent on coal-fired facilities during periods of peak electricity demand.”

David Cicilline
David Cicilline

So, although Rhode Island has no industry producing or refining fossil fuels, Rhode Island is heavily burdened and intertwined with the fossil fuel industry. We are soaking in fossil fuels as an importer and exporter. We fund the fracking of America with our energy choices, and even as we are economically and politically dictated to by companies like National Grid, Spectra, Invenergy and Motiva (a subsidiary of Saudi Aramco and Shell Oil Company, we bear the environmental scars of their abuse of our habitats and our health.

This is the fossil fuel industry in Rhode Island.

It is massive and it is killing us.


Also speaking at the AWEA Offshore WindPower 2016 conference was Deepwater Wind’s Jeff Grybowski, Senator Sheldon Whitehouse and Representative David Cicilline.

Burrillville Town Council about to have its Gaspee moment


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Raimondo in Burrillville 008On Wednesday the Burrillville Town Council will be discussing the proposed tax treaty with Invenergy, the company that wants to build a $700 million fracked gas and diesel oil burning power plant in the town. The timing of this discussion could not be worse. Invenergy just successfully petitioned the Energy Facilities Siting Board (EFSB), the governmental body tasked with with approving or rejecting the plant, for a 90 day extension on their application. Because Invenergy can’t find the water it needs to cool the plant, for the first time the company is on the ropes. Approving a tax treaty at this time will give the company a much needed win, and might turn the tide in their favor.

Invenergy is searching for the water they need. An Access to Public Records Act (APRA) request from RI Future has revealed that Woonsocket Mayor Lisa Badelli-Hunt’s office has had two meetings with Invenergy officials. On September 7 there was a 30 minute meeting and on September 20 there was a 60 minute meeting. Other meetings may have occurred since then. We know from statements made at the October 3 Woonsocket Town Council meeting that these discussions were not about siting the plant in Woonsocket. These discussions, assumed to be ongoing, are about water. Whatever bargaining position Invenergy has in their discussions with Woonsocket, or any other entity contemplating providing the water Invenergy needs, will be enhanced by the existence of an approved tax treaty.

Passing a tax treaty will send mixed signals to the rest of the state. On September 22 the Burrillville Town Council issued a strong statement in opposition to the proposed power plant. They sent out missives to cities and towns through Rhode Island, Connecticut and Massachusetts asking for other town and city councils to pass resolutions in solidarity with Burrillville. So far at least four municipalities have done so, Lincoln, Glocester, North Smithfield and Middletown. How foolish will these councils feel if Burrillville proceeds to negotiate with the company they’ve asked for support in opposing? How eager will other municipalities be to pass their own resolutions going forward?

Jerry Elmer, senior attorney for the Conservation Law Foundation (CLF) believes that the Town of Burrillville “is under zero obligation to enter into a tax treaty,” adding, “By ‘zero obligation,’ I mean: zero legal obligation, zero ethical obligation, zero political obligation. The Town has tax laws on the books, and those existing tax laws will determine Invenergy’s tax obligation if there is no tax treaty.

“Invenergy can (and likely will) make all kinds of threats about what will or will not happen in the absence of a tax treaty, but the threats are empty,” continues Elmer, “The bottom line is that: (a) The Town can simply choose not to enter into a tax treaty. (b) If the Town chooses not to enter into a tax treaty there is nothing that Invenergy can do. (c) If the Town chooses not to enter into a tax treaty, it is virtually certain that Invenergy will go away.

“But can’t Invenergy sue the Town of Burrillville to try to force the Town to enter a tax treaty?” asks Elmer, before answering, “Technically, the answer is “yes,” Invenergy can sue the town – and, yes, the town would have to spend some money to defend such a lawsuit. But Invenergy could not win such a lawsuit.  Remember what law school professors like to say: ‘You can always sue.’ I can sue you for wearing a blue suit (or for your taste in movies). But just because one can bring such a stupid, frivolous lawsuit does not mean that one can win such a stupid lawsuit.

“So, too, with Invenergy and a tax treaty.  The Town of Burrillville can decline to enter into a tax treaty with Invenergy, and there is nothing Invenergy can do to force the issue.

“The message to each and every member of the Town Council is simple, so simple it can be put into a single sentence: ‘Vote down any tax treaty.’ Or: ‘Don’t even vote on a tax treaty.’ Or: ‘Don’t vote on a tax treaty, and don’t approve a tax treaty.’ None of those sentences is complicated; none of those involves weird, technical legal mumbo-jumbo.  Everyone can understand the point.”

2016-07-26 PUC Burrillville 3033Attorney Alan Shoer, of Adler Pollock & Sheehan, has been representing Invenergy during their application process in front of the EFSB. A look at Shoer’s bio page on his law firm’s website runs down his skills and accomplishments. Shoer is presented as an expert in “all aspects of energy, environmental, and public utility law.” He has “experience in wind, solar, hydro and other renewable energy matters,” and “has represented developers, investors, contractors, utilities, and municipalities in several successful and innovative sustainable energy projects.”

Note what Shoer does not include in his online resumé: Anything at all to do with his strong advocacy for companies that want to expand Rhode Island’s dependence on fracked gas.

Like Governor Gina Raimondo, who never misses an opportunity to publicly champion wind and solar power but downplays her support of fracked gas, and like Senator Sheldon Whitehouse who humbly accepts the laurels heaped upon him for his environmental activism in the Senate but can’t find the time to publicly oppose fracked gas infrastructure in his own state, Alan Shoer seems to want his paid advocacy for fossil fuels companies like Invenergy to go unnoticed.

And this is for a good reason: Twenty years from now, no one will want their name to be attached to the moldering LNG monstrosities, brown fields and contaminated properties left in the wake of the coming fossil fuel collapse. Who wants to tell their children and their grandchildren that they helped destroy the environment when they knew the world was under threat and they knew that they were championing a dying and deadly industry? Carefully shaping their public image today is a way, hopes Raimondo, Whitehouse and Shoer, of shaping the way history will judge them.

But we won’t let the world forget their part in this, will we?

This is why Invenergy would be foolish in suing Burrillville. Not only can they not win, as Jerry Elmer points out above, but in doing so they will be exposing themselves as the villains they are. Burrillville may have to spend money defending themselves against such a lawsuit, but I will bet that most or all of the money Burrillville needs to defend themselves could come from something like an online GoFundMe effort. Fracked gas is enormously unpopular in New England, and becoming more unpopular by the day. Only those who continue to believe the lies of the fossil fuel companies, (and they’ve been lying for decades about climate change, as it turns out) that is, the most gullible or ideologically pathological, believe that fossil fuels are the future.

About 244 years ago, a group of Rhode Islanders in Warwick stood up against British tyranny and torched the Gaspee, starting a series of events that led to the American Revolution. Today, in Burrillville, a group of Rhode Islanders is standing up to the fossil fuel oligarchy and when they win, it will mark a turning point in the climate change battle, and the effects could be as significant as those at Gaspee Point in 1772. Rhode will become, in the words of Timmons Roberts, writing for the Brookings Institute, “a leader of a new energy age for the U.S.,” instead of “a middling actor locked into fossil fuel infrastructure for decades.”

The Burrillville Town Council has an opportunity Wednesday night to save the town, the state, and the world.

Be there.

Jackson’s lawsuit against people organizing recall is wrong, says ACLU


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Kevin Jackson

Steve Brown, the executive director of the Rhode Island ACLU has issued a statement regarding Providence City Councillor Kevin Jackson’s lawsuit against the two people, Patricia Kammerer and Karina Holyoak Wood, who have organized a recall effort and petition against him.

Jackson’s lawsuit also names the City of Providence and the Providence Board of Canvassers.

“The ACLU is not familiar enough with the mechanics of the City’s recall mechanism to comment on the specifics of the allegations contained in Councilor Jackson’s complaint,” said Brown in the RI ACLU statement, “We do agree that certain due process standards are essential before subjecting elected officials to the burdens imposed in having to defend themselves against removal from an elected position they obtained through a democratic process.

“At the same time, we are deeply troubled that, in addition to suing City officials and the Board of Canvassers, which is responsible for overseeing the recall petition process, the lawsuit names as defendants the two private individuals who have been involved in mounting this recall campaign. Their involvement in the suit is completely unnecessary in order for a court to address any legitimate due process concerns raised by the petition process.  Thus, the inclusion of these two individuals as defendants strikes us a classic SLAPP suit – an attempt to silence private citizens for seeking to exercise their First Amendment right to petition government.

“As Rhode Island’s SLAPP suit statute notes, ‘full participation by persons and organizations and robust discussion of issues of public concern before the legislative, judicial, and administrative bodies and in other public fora are essential to the democratic process.’ These two Providence residents should not be forced to defend themselves in a court of law for exercising petition rights granted them by the City Charter. The ACLU urges Councilor Jackson to amend his complaint and remove these two private citizens as defendants.”

In a statement the Kammerer and Holyoak Wood called Jackson’s lawsuit “an obvious delaying tactic.”  Holyoak Wood was the campaign manager of Marcus Mitchell, who ran an unsuccessful write-in campaign against Jackson two years ago.

Boycott Wendy’s protest in Providence


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2016-10-21-wendys-ciw-06Nearly three dozen people marched and chanted outside Wendy’s on Charles St in Providence Friday afternoon to call attention to the boycott of the food chain called by the Coalition of Immokalee Workers (CIW), a group that has fought for farmworker’s rights and fair treatment for two decades. Wendy’s remains the largest fast food chain that refuses to ethically source their produce from CIW supported growers. Rather than supporting the efforts of the CIW, Wendy’s began purchasing its produce from Mexico, where workers “continue to confront wage theft, sexual harassment, child labor and even slavery.”

CIW member Julia de la Cruz lead the protest, assisted by members of the Brown University Student Labor Alliance, the AFSC, Fuerza Laboral and the Fair Food Alliance.

When a coalition of five protesters approached the restaurant to deliver a message to the manager, they were loudly asked to leave the property, and did. The protest lasted 90 minutes and garnered the support and interest of many passersby.

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Boycott Wendy’s to help end abuse of farmworkers


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Julia de la Cruz (CIW)
Julia de la Cruz (CIW)

Julia de la Cruz, of the Coalition of Immokalee Workers (CIW), came to Providence for two days to “amplify the farm worker-led national boycott of Wendy’s” as part of a regional, “Behind the Braids” tour that seeks to reveal the true face of Wendy’s. de la Cruz talked about the history of the CIW in combating horrific working conditions, including wage theft, violence and sexual harassment and abuse. de la Cruz spoke in a calm voice, translated by Patricia Cipollitti of the Alliance for Fair Food (AFF).

CIW rose out from a group of farmworkers, primarily of Mexican, Guatemalan, Haitian and Central American descent from Immokalee, FL who sought better wages and worker conditions. Picking tomatoes in the 90 to 100 degree fields of Florida, without clean water, shade from the brutal sun or decent toilets made work an exercise that lacked dignity. The workers were subjected to the casual cruelty and violence of supervisors, many who thought little of striking a worker in their charge. Wage theft and sexual abuse were rampant, and there was no one to report these crimes to.

The workers began to organize to defend their rights, change the conditions of work and demand not only fair wages but respect and dignity. They used work stoppages, strikes, hunger strikes, marches and protests to make their point and force concessions from the growers. But little by little, said de la Cruz, the CIW came to realize that their conditions were not imposed on them by the growers. It was the corporations that forced the growers to cut wages and profit from virtual (or actual) slave conditions.

2016-10-21-coalition-of-immokalee-workers-05In order to fund their ideas, the CIW asked corporation to pay an extra one cent per pound of produce purchased. This money would allow the workers to push for higher wages and establish a code of conduct that contained zero tolerance for the worst abuses. This allowed workers to demand respect, and in fact they mandated that the worker’s voices be heard during the implementation of these changes.

Taco Bell was the first restaurant chain CIW targeted. It took years, 2001-2005, to win. but it was a major victory. by 2010 CIW had roped in 9 major corporations into what they now called the Fair Food Program. Ninety percent of Florida’s tomato growers signed on. Corporations now agree to purchase tomatoes only from these growers.

Now these workers have clean water, shade from the sun, actual bathrooms instead of being forced to do their “business” in the crop fields. There is a 24 hour hotline, administrated by a third party, to report abuses. The hotline has operators fluent in Spanish, Creole and English.

2016-10-21-coalition-of-immokalee-workers-02Today 14 corporations are signed on, but CIW is looking to expand this program of Worker Driven Social Responsibility. They have expanded beyond Florida and into other states such as Georgia and North and South Carolina. They have expanded beyond tomatoes and into other crops such as strawberries and bell peppers. They want more corporations to sign on.

Hence the boycott of Wendy’s. Rather than support the efforts of the CIW, Wendy’s began purchasing its produce from Mexico, where workers “continue to confront wage theft, sexual harassment, child labor and even slavery. (In the early days of the CIW they ran an anti-slavery campaign in Florida that freed over 1500 workers and jailed almost a dozen people for the crime of slavery.) Recently, Wendy’s has “published an empty Code of Conduct for its suppliers that lacks the two most essential elements of the Fair Food Program: worker participation and verifiable enforcement mechanisms for standards.”

So we consumers need to ask ourselves: Are we willing to boycott Wendy’s to prevent the rape, exploitation and slavery of people who simply wish to live and work with dignity and respect?

If so, consider coming out to Wendy’s on 391 Charles St this Friday afternoon at 4pm and add your voice to the chorus of people calling on Wendy’s to ethically source their produce and support the Coalition of Immokalee Workers.

Below you can listen to Julia de la Cruz’s complete talk, first translated into English by Patricia Cipollitti and then in Spanish only.

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North Smithfield and Lincoln Town Councils come out against Burrillville power plant


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Lorraine Savard

On Tuesday night the North Smithfield Town Council voted unanimously to oppose Invenergy‘s $700 million fracked gas and diesel oil burning power plant, and on Wednesday evening a second unanimous vote opposing the power plant happened in Lincoln. When Middletown votes to oppose the plant next week, as is expected, that will bring the total number of municipalities passing resolutions in opposition to the power plant to four, since Glocester passed a resolution last week. Many other cities and towns are considering similar resolutions as per the Town of Burrillville‘s request, with Cranston‘s town council discussing it at their next meeting.

Denise Potvin and Suzanne Dumas of Burrillville, Rhoda-Ann Northrup of Cranston and Lorraine Savard of Central Falls all spoke out against the plant in Lincoln. Only Savard spoke out against the plant in North Smithfield.

Over 60 local environmental groups have come out against the power plant, the Burrillville Zoning and Planning Boards have expressed their opposition, and both Pascoag and Harrisville have chosen to not sell Invenergy the water they need to cool their turbines.

Below see video from the Town of Lincoln’s meeting last night and from North Smithfield’s meeting Tuesday night.

 

First Neighborhood Health Station breaks ground in Central Falls


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Dr. Michael Fine

Think of it as the “Deepwater Wind” of health care: Innovation, starting in Rhode Island, that could be a model for the world. That’s how revolutionary the concept of the Neighborhood Health Station could be, and the first one is being rolled out in Central Falls.

Perhaps overshadowed by a visit from actress Viola Davis, the groundbreaking for the new Neighborhood Health Station in Central Falls heralds the beginning of a new paradigm in health care, one meant to serve the needs of the community, not the convenience of the provider. The Blackstone Valley Community Health Care (BVCHC) Neighborhood Health Station will be located at 1000 Broad St in Central Falls, and will offer primary care, walk-in primary care, dental care, a pharmacy, physical therapy, pediatric care, occupational therapy, mental health services, Ob/Gyn services, radiology and more; serving over 14,000 patients and 50,000 visits a year.

Upon completion in 2018, the city of Central Falls will benefit from having “comprehensive services offered under one roof, where clinical professionals can collaborate face-to-face for improved care coordination” and “same-day sick appointments with convenient hours (8 am to 8 pm) on week days and additional weekend hours, enabling individuals and families to access health and medical services close to home, when it is most convenient for them.”

BVCHC hopes to cover 90 percent of Central Falls residents. “Using medical records to identify at-risk patients, we will continue to collaborate using community resources and with the new health building, we are confident that we can improve public outcomes,” said BVCHC Senior Clinical and Population Health Officer Michael Fine, M.D., who now also serves as Health Policy Advisor to the City of Central Falls.

Based on public meetings with residents, three public health priorities were identified: the community wanted their kids to be safe in school, they needed access to a gymnasium and they wanted better access to primary care.

  • Based on this input, the team designing the center identified five short term goals. Pregnancy prevention: BVCHC partnered with the school system and Brown University’s Residency Program in Family Medicine to create a school-based health clinic at Central Falls High School to bring prevention and same-day clinical care to the adolescents of Central Falls and to reduce the rate of adolescent pregnancy through education and prevention programs. (Central Falls’ high school pregnancy is 4X the state average).
  • Multidisciplinary management of individual cases: participants in this collaboration come from all facets of the community, including doctors, dentists, substance abuse, mental health, home care, housing, legal, needle exchange, immigration, transportation, social service, insurers and hospitals. Together, they meet bi-weekly to create customized plans to organize care for the people in Central Falls who are at the highest medical and social risk.
  • Mitigation of EMS use: people who use the Central Falls EMS more than four times a year have been identified, outreach has been made and they have been introduced to BVCHC where they can get help with medical, mental health and substance abuse issues and where referrals can be made for housing that they might need.
  • Access to exercise opportunities: The mayor now leads city walks to get people moving every two weeks (organized by Parks and Rec, publicized by BVCHC and housing authority and staffed by both parks and rec and BVCHC). A regular schedule of free busing from Central Falls (three pickup sites at Notre Dame and the housing authority) to the Pawtucket YMCA and to the Lincoln YMCA (for access to swimming pools) was introduced.
  • Identification of needs within public housing: the city’s community health worker in public housing now brings individual situations and stories to the multi-disciplinary team about tenants, primarily the elderly who are most at risk, to the team to find solutions to their needs.

Innovation is desperately needed in health care. When we as a nation inevitably pass some form of “Medicare for All” single payer health care system it will be vitally important to keep costs down and people healthy. Neighborhood Health Stations point the way.

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“None of us,” said Dr. Michael Fine, former head of the Rhode Island Department of Health, “have ever lived in a place where it doesn’t matter if you’re rich or poor, black or white, whether you speak English or Spanish or another language, whether you walk, take the bus or drive a car, where it doesn’t matter if you have papers or not, whether you can read or not, whether you walk on two feet, or walk with assistance… we’ve never seen a place in which everyone matters, in which we look out for everyone. Whether they came to the health center this year or not, whether they do what doctors recommend or not, whether they choose to live differently or not, we stand here today with a different vision: A vision of a place in which everyone matters. It’s a vision of what Reverend Doctor Martin Luther King Jr. called ‘a beloved community.’”

Below, watch Dr. Fine, former head of the RI Department of Health, explain the importance of Neighborhood Health Stations.

Patreon

Occupy wants to reclaim Kennedy Plaza for the people


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2016-10-15-occupy-5-years-02A protest organized by Occupy Providence and supported by RIPTA Riders Alliance was held in Burnside Park Saturday against plans by downtown building owners and allied politicians to push out buses and homeless people from the Kennedy Plaza area. October 15 marks the 5th anniversary of Occupy Providence. “We oppose the damaging idea of moving the state’s bus hub to a worse location far from downtown, and pushing people without homes into other parts of Providence without adequate services,” said the group in a statement, “We also oppose efforts by downtown owners to assert more control over the Kennedy Plaza area to the detriment of others.”

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“There is no ‘those people’ there is only ‘We the people!'”

As is the tradition at Occupy, the event took the form of an open microphone, where anyone was invited to stand up and address their concerns and ideas to the crowd. A sampling of the speakers is presented blow. Technical difficulties marred the video, but the audio is clear.

People spoke about the issues surrounding homelessness, the persecution of panhandlers, and the increase in the bus fares that will be impacting the most vulnerable come January. Three student from the Alpert Medical School at Brown University attended, arguing that public transportation is a health issue.

Randall Rose, a member of Occupy Providence, said, “The Kennedy Plaza area should be kept safe for everyone, and not put under the sway of a few owners who want to use their insider connections to make more money from a more tightly restricted downtown.”

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“Since when did it become a crime to ask for help?”

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Millions in tax credits earn Pawtucket’s Hope Artiste Village a protest


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2016-10-15-hope-artiste-village-02 David Norton one of the leaders of the coalition that fought to keep the PawSox in Pawtucket and recently lost a Democratic primary election to unseat Pawtucket Representative David Coughlin, lead a protest outside Hope Artiste Village against Lance Robbins, controversial founder of Urban Smart Growth. As the ProJo reported, “Last month, the [R.I. Commerce Corporation] board authorized $3.6 million in Rebuild RI tax credits and $800,000 in sales-tax exemptions on construction material for developer Urban Smart Growth’s $38.9-million residential project at 200 Esten Ave., Pawtucket, just south of Hope Artiste Village.”

2016-10-15-hope-artiste-village-03The downside, as reported extensively in GoLocal.com, is that Robbins has a reputation as “the worst slumlord in L.A. history, ” and his local reputation, with some business owners, is no better. Three of those business owners, Rosinha Benros, Phyllis Arffa and John Arcaro, spoke at the protest, and their stories are troubling. Each claim that their businesses were destroyed by the actions of their landlord, Lance Robbins.

Also speaking at the protest were Independent candidate for Mayor of Pawtucket John Arcaro and Independent candidate for State Rep Lori Barden.

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Muslims, Christians bring food and hope to the homeless


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2016-10-15-mae-ahope-11There is little more heartening, or more needed, than the sight of Muslims, Christians and others, working with community supporters and refugee families, to cook for, serve and dine with the homeless.

The MAE Organization for the Homeless and AHOPE (Americans Helping Others ProspEr) held their first annual “banquet luncheon event” Saturday in Cathedral Square. For two hours the groups served delicious Middle Eastern style meal and more traditional pasta to the homeless and hungry of Providence.

2016-10-15-mae-ahope-12About four dozen people managed to serve about 300 meals in two hours. During that time it was not our difference that mattered, it was our shared humanity.

AHOPE is a volunteer based organization that was established to assist new refugees coming to Rhode Island with little to their name. Since its inception 6 months ago, A HOPE has been able to help over 30 families, over 150 people, resettle in RI. The MAE Organization is a spiritually based but not religious organization that seeks to serve the homeless population in Rhode Island.

For the effort in Cathedral Square these groups were assisted by the Islamic School of Rhode Island, Masjid al-Islam, the Universalist Unitarian Church, Rhode Island Belleza Latina, Rhode Island Miss Galaxy, and others.

The organizations hope to offer another meal like this sometime in the spring.

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Even National Grid’s contractor doesn’t seem to know what’s going on in Fields Point


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When allegations surfaced last month that National Grid was pushing ahead with their Fields Point liquefaction project despite lack of approval from the Federal Energy Regulatory Commission (FERC) and no proper permits from city and state agencies, Grid spokesperson David Graves was quick to deny it, saying, “The work underway at our property at 642 Allens Ave. property, which has been properly permitted, is unrelated to the liquefaction project.”

Then this picture was taken yesterday:

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When asked for an explanation, Graves today said, “Kiewit put this sign up without our knowledge. They are the contractor building the access road for equipment and personnel working on the LNG tank embankment improvement. They are also the contractor designated to oversee installation of the liquefaction equipment when we have the OK to proceed with that project. It appears that in their minds the projects are one and the same, which is not the case. There is no work going on associated with the liquefaction project. Kiewit has been told to take down the sign and replace it with one that clearly identifies what work is underway.”

It seems that the projects under way at Fields Point are so confusing and interconnected that even National Grid’s contractors are having trouble telling them apart.

NoLNGinPVD, an environmental group opposed to the liquefacton facility, issued the following statement: “This is another glaring example of why we cannot trust the process at National Grid’s word and why it is an embarrassment to our state that the “public” utility is pulling the strings of our public officials. DEM refuses to hold National Grid accountable and enforce the legally petitioned for Public Involvement Plan. The city council ordinance committee has shelved a resolution calling for public oversight. The federal delegation that spoke out when a similar project would have affected recreational usage of the bay by wealthy suburbanites is deafeningly silent when the burden of danger is and pollution is absorbed by working class people of color on the south side of Providence. National Grid and their contractor Kiewit do know what they are doing, they are forcing unneeded and dangerous fossil fuel infrastructure on a community of color that has raised many environmental justice concerns. They know this, and they think they can get away with it. We’re going to make sure they don’t.”

EFSB sentences Burrillville to 90 days of existential uncertainty


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20161013_114807
Pre-hearing lawyer chat

Amid audience shouts of “Shame on you!” and “Merry Christmas, Invenergy!” the Energy Facilities Siting Board (EFSB) voted unanimously to grant Invenergy a 90 day suspension on their application to build a $700 million fracked gas and diesel oil burning power plant in Burrillville, effectively quadrupling Invenergy’s previous 30 day extension.

Once Pascoag voted to terminate their letter of intent with Invenergy to provide water to cool Invenergy’s proposed power plant, and Harrisville also declined to provide water, the company asked for 30 days to find an alternative source. They were granted a 30 day extension 30 days ago and despite negotiating with Woonsocket for the water needed to oil the power plant, nothing concrete was presented at today’s hearing.

Instead we heard Invenergy lawyer Alan Shoer claim that Pascog’s termination of their letter of intent came “very late in the process, after almost a year of working with Invenergy.” This made it impossible for Invenergy to come up with an alternative plan, complained Shoer. Attorney Jerry Elmer with the Conservation Law Foundation (CLF) later countered that “Invenergy made a careful, conscious, deliberate decision to file an application with the EFSB that had very tight, strict, statutory deadlines for things happening, before they had a secure water source… That was Invenergy’s sole election.”

In other words, continued Elmer, Invenergy knew that their non-binding letter of intent “may not result in a water source.”

Margaret Curran
Margaret Curran

The 90 day suspension comes with the minor caveat that Invenergy provide a status update in 60 days. The update must show concrete progress in securing a water source, though it is unclear what penalty Invenergy may face if they do not deliver an update that is satisfactory to the board. Criteria for the update seemed sketchy.

In 90 days, Invenergy must be able to present a water source to the board, along with a plan to transport the water to the location of the power plant. Burrillville recently provided a list of criteria that board member Janet Coit suggested would need to be satisfied for the suspension to be lifted. The criteria includes the source of the water, the means of transmission of the water, and the disposal of waste water, among other concerns.

In the event that Invenergy is unable to come up with a water supply, Coit suggested that the EFSB might be open to further suspensions at that time, effectively suggesting unlimited time for Invenergy to get their application in order, unless the board decides to dismiss the application per the motions from the Conservation Law Foundation and the Town of Burrillville.

Parag Agrawal
Parag Agrawal

Lawyer Michael McElroy gave a stellar speech to the board in support of dismissing Invenergy’s application, even going so far as to quote Marvel ComicsStan Lee. McElroy also directly confronted Chair Margaret Curran and board members Parag Agrawal and Janet Coit about concerns that the EFSB’s process “may be dictated by” Governor Gina Raimondo.

“The Town of Burrillville does not want this plant,” said McElroy, “I think that’s been made clear to this board. This plant would be a polluting monster that violates the town’s comprehensive plan and zoning ordinances and would negatively impact impact the quality of life for all Burrillville residents.

The EFSB, continued McElroy, “has been given extraordinary legal powers to grant permits that would otherwise be granted by my client, the Town of Burrillville. You have in essence become, among other things, the town’s planning board, its zoning board and its building inspector. But with such great power comes great responsibility. Your most important power and responsibility is to fully, fairly and impartially evaluate all of the issues that come before you after hearing from all of the parties on those issues.”

“The residents of the town and my clients have become concerned that throughout this process that the board’s votes on this process may be dictated by the governor, who has repeatedly and publicly expressed her support for this project despite the town’s overwhelming opposition. This board’s ill-advised and illegal previous attempts to silence the town and prevent it from being heard today only reinforces that concern.

McElroy urged the board to dismiss the docket, not suspend it. “Suspending the docket instead of dismissing it would give Invenergy what amounts to a gift of an indefinite suspension,” said McElroy. “The town has been fighting this battle now for almost a year at great monetary and emotional expense.”

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Donna Woods

McElroy’s fiery comments stand in sharp contrast to those of Jerry Elmer, who added that though the lack of water was a major issue that precipitated the motion to suspend, there was also the issue of a lack of information from Invenergy that caused six of the twelve advisory opinions to the board to be submitted incomplete.

After the board rendered its decision those watching the proceedings left the room singing “We shall overcome.”

Those from Burrillville I talked to were angry and disappointed by the ruling. They feel the process is corrupt and stacked against them. They feel that they are being forced to attend yet more town and city council meetings throughout the state in an effort to garner support and prevent the sale of water to Invenergy. Their holidays will now be filled with research, activism, environmental reports and endless meetings in towns and cities throughout the state and beyond to garner support for their cause and to prevent Invenergy from securing a source of water.

Yet though the process seems corrupt and Invenergy seems intent on grinding away their resolve, the people I talked to were adamant that they would not give up or stop fighting.

New Hampshire joins Mass. in rejecting pipeline tariff


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Margaret Curran
RIPUC Chair Margaret Curran

National Grid’s proposed pipeline tariff, now under an indefinite stay per the Public Utilities Commission here in Rhode Island, was rejected in New Hampshire last week. The controversial and complicated plan, which would make electricity ratepayers in New England financially responsible for the creation and profitability of a new fracked gas pipeline, involves multiple companies working together across multiple states. Here’s a description from the New Hampshire Public Utilities Commission:

Herbert DeSimone III
RIPUC Boardmember Herbert DeSimone III

Eversource is a public utility headquartered in Manchester, operating under the laws of the State of New Hampshire as an electric distribution company (EDC). Algonquin is an owner-operator of an interstate gas pipeline located in New England. Algonquin is owned by a parent company, Spectra Energy Corp (Spectra), a publicly-traded corporation headquartered in Houston, Texas. Algonquin has partnered with Eversource’s corporate parent, Eversource Energy, headquartered in Boston, Massachusetts, and Hartford, Connecticut, and with National Grid, the parent company of EDC subsidiaries in Rhode Island and Massachusetts, to develop the Access Northeast pipeline. In general terms, Eversource Energy’s EDC subsidiaries in Connecticut, Massachusetts, and New Hampshire and National Grid’s EDC subsidiaries in Rhode Island and Massachusetts, are each individually seeking regulatory approval of gas capacity on the Access Northeast pipeline.”

When the Massachusetts Supreme Judicial Court ruled against National Grid’s pipeline tariff in Massachusetts, the Conservation Law Foundation brought a motion to dismiss the proposal here in Rhode Island. Instead, the PUC issued an indefinite stay in the proceedings, with the caveat that National Grid file a progress report on January 13, 2017.

Last week the New Hampshire PUC ruled against their state’s involvement in the plan, writing,

“The proposal before us would have Eversource purchase long-term gas pipeline capacity to be used by gas-fired electric generators, and include the net costs of its purchases and sales in its electric distribution rates. That proposal, however, goes against the overriding principle of restructuring, which is to harness the power of competitive markets to reduce costs to consumers by separating unregulated generation from fully regulated distribution. It would allow Eversource to reenter the generation market for an extended period, placing the risk of that decision on its customers. We cannot approve such an arrangement under existing laws. Accordingly, we dismiss Eversource’s petition.

“We acknowledge that the increased dependence on natural gas-fueled generation plants within the region and the constraints on gas capacity during peak periods of demand have resulted in electric price volatility. Eversource’s proposal is an interesting one, with the potential to reduce that volatility; but it is an approach that, in practice, would violate New Hampshire law following the restructuring of the electric industry. If the General Court believes EDCs should be allowed to make long-term commitments to purchase gas capacity and include the costs in distribution rates, the statutes can be amended to permit such activities.”

The Maine Public Utilities commission has voted in favor of the pipeline tariff.

Killingly power plant battle impacts Rhode Island


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2016-10-10 Killingly 023As large as Invenergy‘s $700 million fracked gas and diesel oil burning power plant would be if it were to be actually built in the pristine wilderness of Burrillville, the project is but a small part of a colossal, three-state fracked gas infrastructure project that has been in development for years in the northwest corner of the Rhode Island and beyond. Eight power plants currently litter a 31 mile expanse of pipeline, from Killingly, Connecticut, through Rhode Island, to Medway, Massachusetts. If built, Burrillville would be power plant number nine and Killingly is the proposed site of power plant number ten.

Smaller than the power plant proposed for neighboring Burrillville, the “Killingly Energy Center” is slated to produce 550 MW of unneeded energy. It will produced nearly 2 million tons of emissions per year, adding to the emissions of the Lake Road Generating Facility, an 840 MW power plant already located in Killingly. Emissions, of course, know no political boundaries, so large parts of Rhode Island will be subjected to this increase in pollutants.

2016-10-10 Killingly 017The Killingly power plant is to be built in a residential neighborhood within a mile of 460 Killingly housing units. At least five schools and day cares, over 5,000 students, are within three miles of the proposed plant. Wyndham County, where Killingly is located, has asthma rates 18 percent higher than the rest of Connecticut.

To power the plant, a pipeline connection to the main AIM pipeline will be built, crossing the Quinebaug River, Wyndham Land Trust, the Airline Trail, Pomfret Audubon Society and Bafflin Sanctuary. Each area a precious resource.

Like Burrillville, the proposed power plant needs water. There is a concern that the aquifers will be strained and that residents will suffer a lack of water given that the power plant needs 90,000 gallons a day when burning fracked gas and as much as 400,000 gallons a day when burning diesel oil. Also, like Burrillville, there are safety and and noise issues to consider when a plant like this is built in a residential area.

2016-10-10 Killingly 022The Town of Killingly is categorized as a distressed community. Like other areas where these types of facilities are targeted, there are environmental justice issues to be considered. Very often the facilities are like these are aimed at low income communities that lack the financial means to either fight the power plant or resist the financial carrots dangled by the company building the plant.

NTE Energy, the prospective builder, has never completed a power plant. Formed in 2009 as a private equity funded company, there is a worry that the company will build the plant and sell it off for a quick profit. Currently the company has six power plants in development, two of which are under construction. The company has no experience in operating or maintaining a power plant.

Also, like in Rhode Island, the residents most impacted by the siting of a power plant in their community have no say in whether or not the plant will be built. The Connecticut Siting Council, the equivalent of Rhode Island’s Energy Facility Siting Board (EFSB) makes the final decision regarding the power plant in Killingly. The Siting Council has already determined that Connecticut has an excess of electricity generation into 2020, yet is still considering the power plant in Killingly.

Opposition to the power plant has begun in Killingly. The group is called Not Another Power Plant, and I found that they were very knowledgeable about the situation in Burrillville. I went there Monday afternoon to talk with residents who were holding signs and a press conference to get the word out. Below I speak to Connecticut State Senator Mae Flexer and Connecticut State Representative Danny Rovero about their opposition.

On Thursday October 20th beginning at 3:30 pm there will be a public field review of the proposed NTE/KEC site on Lake Road, Dayville. This will be an opportunity to see the area where NTE hopes to build the power plant. Afterwards there will be a Public Hearing with the Connecticut Siting Council at 6:30 pm at the Killingly High School Auditorium. Public comment will be heard at this meeting.

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Glocester Town Council supports Burrillville in opposition to power plant


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Though the Middletown Town Council was the first municipality in Rhode Island to take up the issue of whether or not to support the Burrillville Town Council in opposition to Invenergy‘s proposed $700 million fracked gas and diesel oil burning power plant, on Thursday the Glocester Town Council became the first municipality in the state to pass it. Lead by Council President Walter MO Steere, the resolution was passed unanimously.

20161006_193128Before the resolution could be passed, two town councilors took the opportunity to address some rumors that had been swirling about town. Councilor George Steere said that he was not negotiating to sell water to Invenergy, whose application before the Energy Facilities Siting Board has stalled due o a lack of water to cool its turbines. (Invenergy is currently pursuing a deal with Woonsocket, and perhaps other suppliers.) The rumors, said Steere, originated from an effort begun in 2011 when he was approached to potentially supply water to Pascoag in the aftermath of that town’s water contamination crisis. Crushing the rumor entirely, Steere said, “There will never be one gallon of water from my property [used] to cool a power plant.”

Councilor William Reichart wanted to assure those in attendance that his company, Reichert & Sons Fuel Oil Inc. was in the business of supplying heating oil to homes and small businesses and was in no way able or willing to supply Invenergy with the diesel oil needed to ill its million gallon tanks.

Three residents from Burrillville, Ray Trinque, Paul Roselli and Jeremy Bailey, spoke before the town council, and about a dozen more attended the meeting.

 


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