Visiting Burrillville’s MTBE contamination site


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Thomas Sylvester

During the three day march from Providence to Burrillville, ahead of Governor Raimondo’s meeting with residents, the people protesting Invenergy‘s planned $700 million fracked gas and diesel oil burning power plant made one small detour to the site of the 2001 MTBE disaster that affected and even destroyed so many lives in Pascoag. On the site of a long dead ExxonMobil Gas Station, overgrown with weeds and bushes, where only rubble and dirt remain, the marchers gathered to refresh themselves and listen to the stories of an environmental disaster.

Pascoag resident Thomas Sylvester laid out the scene for everyone. The gas station is on a hill. The contaminated water wells are about a quarter mile down the road. “Under where we are standing there is shell ledge and bedrock that is permeated with gasoline,” said Sylvester, “we speak about MTBE but really what we’re talking about is a gas spill.”

The wells that were contaminated were new. It took only months to reveal that they were contaminated. “What this means is that this gas station was leaking for a long time before those wells ever went in,” said Sylvester, “MTBE is a tracer, it’s the first contaminant to come out.” This means that the rest of the gasoline, and all the “really nasty stuff” that makes it up, is right behind the MTBE. In truth, the MTBE is only a small part of the problem, and a sign of bigger problems ahead.

Opening the well down the hill won’t remediate the area, says Sylvester. If someone were truly interested in remediating the water, the would put a well “almost where we are standing.” Using the well down the hill will only draw more contaminants down the hill, the “really nasty stuff” that right now is contained beneath the long dead Mobil station. The plan currently under consideration by Invenergy will draw more contaminants into the aquifer says Sylvester. Residents with their own wells might find their water becoming contaminated years from now.

There were a thousand homes and 4000 residents affected by the MTBE contamination. It took years for the state to be involved. People hired their own water safety experts, hired their own lawyers. There was no Energy Facilities Siting Board to hear their worries.

Sylvester first noticed the contamination when his wife was nursing their son, and the baby’s face became red and irritated where it came in contact with his wife’s skin. She had recently taken a shower, and the MTBE was hurting her baby. The sweet smell of the contamination filled the house. Sylvester began putting saran wrap over the toilets. He used bottled water in his house’s steam heating to minimize exposure to the well water. He and his family bathed and did laundry at their relative’s homes. They went without water, except for toilets, for 248 days.

Terri Lacey told the story of her niece and nephew, who “lived right around the corner.” They had a little girl at the time. Lacey’s niece developed thyroid cancer and her nephew developed Hodgkin’s lymphoma. Her nephew was given last rites four times before a treatment finally sent his cancer into remission.

“I remember being in the shower and feeling something, I couldn’t even describe it. The water didn’t feel right on my skin and there was a smell….”

Invenergy “is not remediating [the well] for us, they’re opening a monster for us.”

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The marchers arrive in Burrillville

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Raimondo in Burrillville


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Raimondo in Burrillville 01When Governor Gina Raimondo came to Burrillville Monday evening to hear the concerns of residents regarding Invenergy’s proposed $700 million fracked gas and diesel oil burning power plant, the people greeted her with applause, cheers, and gifts. Over the course of the two hour meeting, the Governor assured the people that she had not just listened to them, but had truly heard them.

The people rose and told them their stories, many of which those who have attended meeting after meeting in Burrillville had heard before. But Governor Raimondo was hearing them, in person, for the first time. She told the six hundred people gathered at the Burrillville High School that though she understood the problems with the MTBE in the water,  that to hear the stories first hand was very powerful.

She heard them, she said.

Time and again Governor Raimondo assured the people that the power plant was “not a done deal.” For the first time the governor publicly walked back her support for the plant, saying that it was important that she maintain neutrality during the process of approving the plant. She told the people that there was a process, that the Energy Facilities Siting Board (EFSB) was holding a series of hearings and meetings. She urged the people to get involved and let their opinions be known.

Here, I think, Governor Raimondo stumbled. The people of Burrillville could not be more involved in this process. Her visit to Burrillville is a testament to their involvement. The visit is the result of months of work by Kathy Martley of BASE (Burrillville Against Spectra Expansion) and Nick Katkevich of the FANG Collective. If anything, the people of Burrillville understand “the process” better than the governor ever will. They attend the meetings of the EFSB, the Burrillville Town Council, the sewer board, the DEM, the DOH and countless others. There are many people in in Burrillville who dedicate every moment of free time, the entirety of their non-working lives, to this power plant.

This is what Invenergy has already stolen from the people of Burrillville: Every free moment of their lives.

Governor Raimondo urged the people to ”trust the process” but if the people don’t trust the process, it’s not out of some perverse anti-authoritarian impulse, it’s out of first hand experience with the very process she’s telling them to trust in. The people understand the process intimately, and they know that the process favors Invenergy, not the people.

Governor Raimondo was not asked to come to Burrillville as an advocate for “the process” she was asked to come to Burrillville to become an advocate for the people.

Additional thoughts:

As people were let into the Burrillville High School, after waiting outside in the parking lot in the ninety degree heat for hours, security informed them that no more than one person would be allowed in the restrooms at a time. Each restroom accommodates at least seven people. I asked the man in charge of security why this was the case. He told me “Security reasons.” I asked how two people in a men’s room might threaten security in a way that one person couldn’t. He became angry and said, “I’m not going to debate you, I already answered your question.”

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Dave Layman

The event was moderated by retired newscaster Dave Layman, who volunteered for the mission. Layman set the rules for the meeting, but did so in a way that was infantilizing. This wasn’t a high school full of children, this was a high school full of engaged residents who were very familiar with the ways in which public meetings work. This was a high school auditorium full of people who understand how to behave at a public forum, yet Layman decided to devote no small amount of time to explaining the importance of a Norman Rockwell painting about civil civic engagement. It was elitist and condescending and a poor way to set the tone.

But, despite these caveats, once the meeting got under way, it seemed to go well. The people of Burrillville stood tall, hit hard and did not back away from calling the governor to account. She stayed through the end and beyond, coming off the stage after the meeting and greeted the people one on one.

The people of Burrillville have been treated as afterthoughts in this process, then as agitators and then as children. But by the end of the night Governor Gina Raimondo was forced to see them as people, and recognize their full humanity.

Here’s the full video:

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FANG Collective begins their long march to Burrillville ahead of Governor’s visit


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2016-07-16 PVD to Burrillville 020The FANG Collective began their three day march to Burrillville Saturday morning, leaving from the State House in Providence just before 10am. The march is a protest against the Invenergy‘s planned $700 million fracked gas and diesel oil burning power plant, currently supported by Governor Gina Raimondo and opposed by the vast majority of Burrillville residents. The march also serves as a greeting of sorts to the Governor, as Raimondo is scheduled to meet with Burrillvillians and hear their concerns at the Burrillville High School on Monday night at 6pm.

Ahead of the march members of the FANG Collective and others distributed signs, spoke to reporters and provided instructions to participants about staying healthy during the long march, as temperatures were expected to be in the 90’s throughout the weekend. The importance of sunscreen, staying hydrated and being aware of any physical problems was stressed.

The marchers hope to cover about six to eight miles a day. They expect to arrive at the Greenville Public Library by 1pm. On Sunday, they will begin their march at 3pm at the Greenville Public Library to Village Bean Cafe and hope to arrive in Gloceter RI by 7pm.

The final leg of their trip, on Monday, begins at 12:30pm at the Village Bean Cafe and then to 24 North Main Street in Pascoag, the site of the MTBE spill that poisoned the water supply in Burrillville 15 years ago. It is this well water that Invenergy hopes to use to cool their power plant, under the promise that the water will be purified. After a short ceremony at the site of the MTBE spill, the marchers will continue to the Burrillville High School, in time to greet the governor.

The march is expected to grow by the day, with people participating as their schedule and ability allows. On Monday, many more Burrillville residents will be joining the march.

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What Governor Raimondo should expect in Burrillville


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With the opposition to Invenergy‘s proposed $700 million fracked gas and diesel oil burning power plant intensifying every day, Governor Gina Raimondo might be worrying about the reception she’s likely to receive when she visits Burrillville Monday evening. Having visited Burrillville many times myself, and having met and chatted with dozens of residents there, I can safely say that the Governor can expect a strong rebuttal to her support for the plant, but also a courteous and respectful reception.

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This may be a career defining moment for Governor Raimondo. Does she listen to the concerns of her constituents, or does she cave to the desires of foreign billionaires? She says that the ultimate decision as to whether the plant gets built is in the hands of the Energy Facilities Siting Board (EFSB), but if she drops her support, that will go a long way towards stopping the plant.

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Residents are looking forward to her visit. It’s not often that the state’s leaders get to Burrillville, especially on an issue of such grave concern. Residents are rolling out the red carpet for her visit. She can expect to be well treated.

The residents of Burrillville have been polite to a fault when dealing with Governor Raimondo. Her invitation, by Kathy Martley from Burrillville Against Spectra Expansion (BASE) was accompanied by a flower and a home made card. When protesters hold signs at her events, they don’t attempt to disrupt the event, they simply remind the governor of the public’s concern.

This is not to say that Governor Raimondo can expect to charm Burrillvillians into accepting the power plant. The residents there have done their research, and they know that Invenergy has not been honest about the proposed plant’s environmental impact or about the need for the plant in the first place. She should expect to be confronted by the recent RIDEM data requests, which accuses Invenergy of submitting an application that contains, “several confusing and conflicting assertions about the purpose and need for the project.” She should expect to hear about the research that’s been done, the environmental tragedies Burrillville residents have already endured, and a case for saving the world from the ravages of the fossil fuel industry.

But though the meeting is bound to be emotional and the arguments will be made with passion, Burrillville is a town of good people.

Raimondo

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Locking arms for peace in Pawtucket


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2016-07-14 Lock Arms for Peace Pawtucket 004“There have been 6 or 7 shootings in and around the Pence Park area in Pawtucket,” said Melissa Darosa, a streetworker for the Institute for the Study and Practice of Nonviolence, “and that’s just what’s been reported.”

Melissa and fellow streetworker Tara were joined by #300Women representatives from Providence and local community members at the corner of Jefferson and West Avenues in Pawtucket, across the street from two convenience stores and almost across from the Oaklawn Community Center, to lock arms for peace and to take a stand against violence in the community. The area has become a hangout for kids.

“These are good kids, they aren’t bad kids,” said Melissa, “they just need guidance. They just need more tender loving care.”

As the small group gathered around, Pawtucket Police cruisers drove past slowly. They did not interfere.

Some people who live in the neighborhood joined in, calling the kids from across the street at the stores to join them in locking arms and calling for peace. All of the kids demurred. “I can’t lock arms with him,” said one boy, about 14 years old. He didn’t want to appear in any way to be less manly. Women offered to let the boy between them but he answered, “Nah.”

Pawtucket has been plagued by a string of shootings in this area. So far, no one has been killed. Mary Gray, a Pawtucket City Councillor, was on hand. This is her district, and she’s been working to get Mayor Grebien more involved.  Part of the solution is the Midnight Basketball League.

Diana Garlington, of #300Women, explained that the League gets kids off the streets, but also gets them to a place where they can hear better messages.

“The Midnight League is not about guys playing basketball,” said Melissa, “It’s a way to capture everybody’s ear that we can do better.”

The league had a game scheduled for the park that evening, but due to rain it was being moved indoors.

People looking to help end the violence should contact the Institute, or contact Anchor Recovery. People are looking for jobs and job training opportunities. If you can’t offer jobs, money could help.

Meanwhile, the effort to save our kids from violence continues. “We need to come together and save them,” said Melissa DaRosa, “before we end up having a grieving family and have to bury somebody else.”

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Acushnet, not Burrillville, targeted for Spectra LNG storage facility says town council


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2015-10-08 LNG 009Spectra Energy is not planning to build a liquified natural gas (LNG) storage facility in Burrillville alongside the controversial compressor station and near the site of Invenergy‘s planned $700 million fracked gas and diesel oil burning power plant. The Burrillville Town Council evealed at their Wednesday night meeting that when Spectra submits their official FERC pre-application for the project on July 22, it will be Acushnet, MA, not Burrillville, that will be forced to fight against yet another fracked gas infrastructure nightmare in New England.

The existence of Spectra’s plan came to light when the Burrillville Town Council released the agenda for the July 13 meeting, which included item 16-200 “Correspondence from Spectra Energy regarding Algonquin Gas Transmission LLC – Access Northeast Project (Pre-filing Docket No. PF16-1-000) relative to potential construction of a liquefied natural gas (“LNG”) storage facility in New England.”

This project is yet another addition to the expansion of fracked gas infrastructure in New England. Page 4 of the Supplemental Project Information Filing for Spectra’s Access Northeast Project (FERC Docket No. PF16-1-000) released in April 2016, reads “As part of this Project, Algonquin will upgrade and expand the existing Algonquin pipeline system and construct a liquefied natural gas storage facility in New England to deliver, on peak days, up to an additional 925,000 dekatherms per day (“Dth/d”) of natural gas.”

This same document, on page 11, lists Burrillville as an alternative site for the facility, noting that further expansion of pipeline capacity might be needed due to its location.

4.2.2.1 Burrillville Site Area

Algonquin began evaluating alternative sites as far west as its Burrillville Compressor Station, which offers a large site already owned in fee by Algonquin. The Burrillville, Rhode Island alternative site is located adjacent to Algonquin’s existing Burrillville Compressor Station. Due to its location, any LNG service that would be pulled into on the G-System and Algonquin’s mainline pipelines from the proposed LNG facility site would have to be pushed from the alternative site at Burrillville using Algonquin’s mainline pipelines that, to this point in the Project development, have been designed to carry 195,000 Dth/d. The location of the LNG site at Burrillville would require that Algonquin’s mainline pipelines carry an additional 225,000 Dth/d for a total of 420,000 Dth/d. To render the same service as that provided by the proposed Access Northeast LNG Facility site (Acushnet, Massachusetts), additional upgrades would be required including: the installation of a total of approximately 17.7 miles of new pipeline (8.1 miles of additional 36-inch diameter pipeline at the Burrillville Compressor Station Discharged 9.6 miles of 30-inch loop on the G-1 System); plus additional horsepower at the proposed Rehoboth Compressor Station.

At Wednesday’s Burrillville Town Council meeting, Town Manager Michael Wood said that there were two locations being considered in Burrillville, the one adjacent to the compressor station mentioned above and another location “off Barnes Rd.” Council president John Pacheco III cautioned those in attendance that the information looks good for Burrillville, but that no one will definitively know Spectra’s plans until July 22.

Repeated calls to Spectra’s media hotline on Tuesday and Wednesday went unanswered, save for an email that Thanked me for my interest, answered none of my questions and referred me to Spectra’s Algonquin Northeast Project website.

Of course, just because the project isn’t being built in Burrillville doesn’t make this a win. Acushnet already has an LNG storage facility, and this will be a second one, or possibly an upgrade.

“This project shouldn’t be built anywhere,” said a Burrillville resident to me after the meeting.

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Protesters march from PVD to Burrillville ahead of Governor’s visit


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2016-04-19 Power Plant State House 011From July 16th to 18th local activists and residents will be marching from the Statehouse to the Burrillville High School to protest the 1000 MW fossil fuel power plant proposed for the town. The three day, 23 mile march, will coincide with Governor Gina Raimondo’s July 18th open meeting in Burrillville where she will discuss Invenergy’s proposed power plant with residents. Hundreds of people are expected to attend the meeting which begins at 6pm.

Temperatures are expected to reach into the 90’s through the weekend, but the marchers are undeterred. “We want the Governor to know that people from across the State support the residents of Burrillville and their fight against Invenergy’s toxic power plant. This is the Governor’s climate and environmental legacy moment, and the whole State is watching.”  Sherrie Anne Andre, of The FANG Collective, the group organizing the march.

The march will head west on Route 44 and then head north on Route 100. The march will make a stop at the site of a chemical spill in Pascoag before continuing on to the Burrillville High School in time for the event with the Governor.

In 2001, a spill at a gas station in Pascoag led to MTBE, a now banned gasoline additive, contaminating one of Burrillville’s main water supplies. The contaminated water wells were capped by a Superior Court order after MTBE levels in local drinking water soared above the federal legal limit. Invenergy, the Chicago based company who has proposed the power plant, plans to uncap the MTBE wells and use up to 900,000 gallons of the water a day at the plant, drawing the ire of local residents.

“There are many health and environmental concerns with the proposed power plant. But the fact that Invenergy wants to use the MTBE water at the plant, and the lack of any thorough study on the potential impacts of this, is shocking and deeply concerning”. Kathy Martley of Burrillville Against Spectra Expansion (BASE), who lives a quarter mile from the site of the proposed plant.

Opposition has been steadily growing to the proposed power plant with hundreds of residents attending recent public hearings on the project. Last month, legislation that would have given Burrillville residents the ability to vote on any tax agreement reached between Invenergy and the town council stalled in the Senate Judiciary Committee. The Governor agreed to meet with Burrillville residents after months of protests and actions led by FANG and BASE.

“We are excited that the Governor has agreed to come to Burrillville and meet with those that would be most impacted by Invenergy’s power plant. But beyond just listening to the concerns of residents, we need the Governor to use the visit to revoke her support of the toxic Invenergy project once and for all,” said Nick Katkevich, of Providence, RI from the FANG Collective.

You can join the Facebook event here.

Here’s the schedule for the March:

July 16th: 9am-1pm – RI State House to Greenville Public Library

July 17th: 3-7pm – Greenville Public Library to Village Bean Cafe in Gloucester RI

July 18th: Noon – 430pm – Village Bean Cafe to Burrillville High School
– Noon-230pm Village Bean Cafe to 24 North Main Street in Pascoag (site of the MTBE spill)
– 230-3pm Ceremony at the site of the MTBE spill
– 3-430pm March from 24 North Main Street to the Burrillville High School

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RI Democratic Party snubs Linda Finn, endorses unknown opponent


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Linda Finn
Linda Finn

Ignoring the will of the Middletown and Portsmouth town Democratic committees, the Rhode Island state Democratic Party endorsed James J. Cawley for the District 72 House seat instead of former representative Linda Finn.

Both the Middletown and Portsmouth town committees had voted to endorse Finn.

“I want you to immediately withdraw your endorsement and honor the Middletown and Portsmouth, committee endorsements of Linda Finn,” wrote Robert J. Silvia, chair of the Middletown Democratic Town Committee and president of the Town Council, in a letter to to Joseph McNamara, chair of the state Democratic Party and a Warwick representative who served with Finn. “I personally will not accept anything less.”

Silvia wrote, “I feel side stepped, over-looked and highly offended that YOU and the State Democratic Party have, without seeking local input, endorsed representative candidate Jamie Cawley. Your State Party actions, by doing this without the Middletown and Portsmouth Party, is classless and unprofessional. This shows me that you have no respect for the local troops who do the grunt work.”

Len Katzmann, chair of the Portsmouth Democratic Town Committee said, “The state party never consulted us — back in April, our committee voted unanimously to support Linda Finn for State Representative in District 72.  She worked diligently with our elected officials when she held the District 72 seat, and has come to many of our committee meetings and events. Our Town Committee has literally never met the person who has been endorsed as the Democrat from Portsmouth in this race. Our committee works hard to elect Democrats in Portsmouth and, indeed, statewide, and some members feel that the lack of consultation of a proposed endorsement shows a lack of respect for our efforts.”

The endorsement in question is important because this is the endorsement that follows a candidate’s name in the primary. Cawley is listed on the Secretary of State’s website as the endorsed Democratic candidate, despite the recommendations and objections of local Democrats.

The process for becoming the endorsed candidate is pretty straightforward. Democratic Party bylaws call for Representative Committees (associated with each representative district) to make the endorsement for their respective candidate. These are wholly separate from the town committees and often are populated with close friends or relatives of the incumbent.

There are two ways you can appoint members to the representative committees: the incumbent representative may do so at anytime (assuming they are of the same party, as was not the case in House District 72), or the chairman of the party, in this case Joseph McNamara, may appoint anyone.

Because there was no active committee, the Finn campaign asked and the chairs of the Middletown and Portsmouth Democratic town committees to each sent messages to the chairman asking that he appoint members so they might endorse Finn.

Instead of following the committee’s recommendations, McNamara endorsed Cawley.

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Marcia Ranglin-Vassell to challenge DeSimone in House District 5


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Marcia Ranglin-Vassell
Marcia Ranglin-Vassell

Marcia Ranglin-Vassell announced her candidacy for State Representative in House District 5 – Charles, Wanskuck and Elmhurst neighborhoods of Providence.

“Our community needs someone who will fight for us,” Ranglin-Vassell said upon filing her declaration of candidacy at the Board of Canvassers. “For too long, we’ve had politicians who are only helping themselves and their well-connected friends. I have spent my entire life working, teaching, and fighting for families like mine. Families who’ve worked hard for everything they’ve got and just want a fair shot. Our neighborhood needs an advocate who won’t give up. As a mother, a Providence public school teacher, and a community activist, I have done everything I can to give my children, my students, and my neighbors a chance at success. I’m running to bring that same passion and determination to the State House, for all of us.”

Currently a special education teacher at Providence Career and Technical Academy, Ranglin-Vassell cited her passion for education as one reason for jumping in the race. “I grew up very poor in Jamaica, in a neighborhood similar to some of our struggling neighborhoods here in Providence. I remember having only one pair of shoes and no backpack – when it rained, I would put my school books under my clothes to keep them dry. My father never learned to read or write, but he started a church and a preschool right in our front yard and taught me the power of education. That is why I became a teacher, and why I have dedicated my life to empowering young people and community members to be the best they can be. My children all went through Providence public schools, so I know public education can be successful. But I also know our schools continue to struggle, and our state continues to underfund our young people. As state representative, I will not rest until we have a fair school funding formula that ensures our youth have the resources they need to succeed,”

Saying she has always felt the need to serve her community, Ranglin-Vassell said she did not feel at all intimidated taking on the high-ranking House Majority Leader. “I know that entering this race is a challenge to the status quo, but sometimes the establishment needs a challenge. I always try to do what I think is right, whether it is easy or not,” she continued. “And titles aside, the truth is our current representative is not fighting for his constituents. I have lived here in our district, on Waite Street, for over 20 years, and I have never met our representative. I do not have a single friend or neighbor who can say he has ever returned their phone calls or emails. I’m sure he is great for the well-connected, for the people who know-a-guy. But he has never been there for families like mine that are working hard and just trying to get by. We need a legislator who is committed to representing all of our community, and that’s why I am in this race.”

Marcia Ranglin-Vassell has a Bachelor of Science degree in Community Health Education from Rhode Island College and a Master’s in Special Education from Providence College. She is a “Woman of Achievement” award-winner from the YWCA for her work in education, a congregant at Ebenezer Baptist Church, and a member of the Rhode Island Black Business Association.

[From a press release]

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Why should Burrillville care about Invenergy’s bad financial decisions?


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At the most recent Burrillville Town Council meeting, Town Councillor Kimberly Briquette Brown made some curious remarks about Invenergy’s obligations to ISO-NE, the organization responsible for managing the supply of electricity to Rhode Island and neighboring states. Invenergy is planning to build a $700 million fracked gas and diesel oil burning power plant in the town and residents of Burrillville strongly oppose the plant.

Kimberly Brissette Brown
Kimberly Brissette Brown

“It’s my understanding,” said Brissette Brown, “from speaking to Mike McElroy and learning about this just as much as everybody else has been over the last few months, that once the ISO had granted the power capacity in February to Invenergy, that regardless of whether not they enter into a tax agreement with the town, if they do not go forward with building the power plant they’re going to be fined, substantially, it’s my understanding, and I could be wrong, millions of dollars. At the time… there was a concern about the financial ramifications of leaving the bill to people that thought that by voting no to a tax agreement that they’d be basically sending the power company packing.”

The gist of her remarks seems to be that Burrillville town attorney Michael McElroy convinced her that the town might be on the hook financially for the fines that Invenergy might suffer for not delivering on its obligations to ISO-NE. I couldn’t see how this was possible, so I asked Jerry Elmer, senior attorney at the Conservation Law Foundation (CLF), for his insight. The added emphasis is all mine:

By way of background, I explain in general that the results of FCA-10 show that the Invenergy plant is not needed, here.

And I am well aware of the fact that the mechanics of these FCAs can be complicated and difficult to understand; I provide some general background, here.

“In FCA-10, Invenergy bid both of its turbines, or 997 MW, into the ISO’s auction. However, in the actual auction, Invenergy cleared only one turbine, or 485 MW. Thus, Invenergy acquired a CSO of 485 MW. Invenergy agreed to provide electricity to the regional grid operator, ISO-NE, for a one-year period of time running from June 1, 2019 through May 31, 2020. This period of time is called Capacity Commitment Period 10 (CCP-10), and it corresponds to FCA-10. In return for agreeing to be available to the regional grid operator during that specified, future period, Invenergy will receive a stream of payments called capacity payments.

“In effect, Invenergy is selling a commodity, capacity, in return for a stream of money, called capacity payments. (And those links above provide some needed background that may help readers understand this.)

“In order to be allowed to participate in the ISO’s Forward Capacity Auction (FCA), Invenergy (or any other entity) had to first “qualify.” In order to qualify to participate in an auction, Invenergy (or any other entity) had to show that it had a realistic chance to actually build its proposed plant. (The ISO requires this, because the ISO is responsible for keeping our electricity grid reliable. ISO cannot keep the grid reliable if entities that acquire CSOs cannot actually build and operate power plants.) Invenergy (or any other entity) also has to put up a huge amount of “Financial Assurance” to even be allowed to participate in an FCA. FA is a kind of bond, a way of securing (guaranteeing) that Invenergy will be able to perform its obligation. FA would be forfeited if Invenergy (or any other entity) acquired a CSO (in an auction) but then did not actually have a plant built by the beginning of the CCP.

“So, now that Invenergy did acquire a CSO in FCA-10, is Invenergy irrevocably committed to building the proposed plant in Burrilville? The answer is unequivocally not.

“Could Invenergy abandon its proposed plant in Burrillville completely, and not lose the FA (bond) posted with ISO? The answer is unequivocally yes.

“To be sure, Invenergy could not just walk away from the plant. However, between today and June 1, 2019 (the beginning of CCP-10, when Invenergy’s CSO kicks in) the ISO will hold three separate Reconfiguration Auctions. One will occur about 2 years before June 1, 2019; one will occur about a year before June 1, 2019; and the last one will occur just before the start of CCP-10. At each of these Reconfiguration Auctions, buyers and sellers buy and sell CSOs to each other.

“Invenergy could – if it wanted to – sell out of its CSO in any one of those Reconfiguration Auctions. Of course, because the ISO is still responsible for keeping the New England electricity grid reliable, any entity that wanted to buy Invenergy’s 485-MW CSO would have to be qualified by the ISO to participate in the Reconfiguration Auction. The qualification process would be very similar to the qualification process for participating in an FCA – show that you either have a power plant already or could realistically build one in the remaining time allowed, and post FA.

“Invenergy could elect to sell out of its CSO in any of the next 3 ISO-run Reconfiguration Auctions for any one of a variety of reasons. For example, Invenergy could decide that the political climate in Rhode Island has turned against it, and that the plant might not be permitted by the Energy Facility Siting Board. (This could happen, say, if Governor Raimondo were persuaded to oppose the proposed plant as a result of overwhelming constituent pressure.) Or Invenergy could decide that the New England energy market is less lucrative than it thought it would be, and it is not worth building the plant. (In fact, the auction clearing price crashed from over $17 per kilowatt-month in FCA-9 to $7.03 per kilowatt month in FCA-10.) Or, Invenergy could sell out of its CSO for no other reason than that it thought it was profitable to do so. (Remember that whatever entity buys the CSO from Invenergy would be buying the right to a future stream of income. This is a valuable commodity, and it is entirely possible that Invenergy simply flips the CSO for a quick profit. Note that in that last sentence I mean “possible” as being completely within the ISO Market Rules; I am not suggesting that this is a likely course for Invenergy – only that it can be done.)

“In fact, Invenergy could sell out of its CSO in any one of the next three Reconfiguration Auctions for any reason it wanted to do so. The fact is that, having acquired a CSO on February 8 does not mean that the plant must inevitably be built, and does not mean that Invenergy is powerless to walk away without forfeiting the huge bond it posted with the ISO.

“In this scenario, the Town of Burrillville would not be on the hook for any of Invenergy’s CSO. In fact, the Town of Burrillville could almost certainly not be qualified by the ISO to buy Invenergy’s CSO. But, in any event, if Invenergy sold out of its CSO, the Town of Burrillville would have no liability for the CSO.

So, in summary, the Town of Burrillville is in no way responsible for Invenergy’s bad decision to buy into a forward capacity energy market before being sure that they would be able to supply the energy required.

Invenergy made the promise, not Burrillville.

So I ask again, “Why should anyone in Burrillville care about bad decisions made by a Chicago based energy company? How is it possible that Burrillville should be liable for Invenergy’s bad business decisions?”

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Burrillville Town Council reaches boiling point over power plant


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2016-06-23 Burrillville Town Council 004
Donald Fox

There were tears, anger, accusations, offers of forgiveness and just straight up fireworks at the Burrillville Town Council meeting Wednesday night. Town residents came out in force to the first meeting held since the Senate Judiciary Committee very publicly killed the Keable/Fogarty bill that would have allowed voters in Burrillville the opportunity to approve or reject any proposed tax treaties with energy plants in the town.

This bill was important because Invenergy has plans to build a $700 million fracked gas and diesel oil burning power plant in the town, and the residents of Burrillville don’t completely trust the town council to negotiate in their best interests. As the residents of Burrillville descended en masse to the State House to testify in favor of the bill, the town council issued first a a press release then an official resolution opposing the legislation.

Various timelines have been floated as to how this press release/resolution came to pass. On June 9th I sent a request to Burrillville Town Clerk Louise Phaneuf asking for a copy of the video of the June 7 town council meeting. I was informed that there was no video, since the camera was malfunctioning. I followed up by asking for a copy of the minutes. Phaneuf wrote back, “Thanks for your request for minutes. I will forward a draft as soon as I have it ready. However, there was no discussion of the press release at that meeting.”

Kimberly Brissette Brown
Kimberly Brissette Brown

That’s not what Town Councillor Kimberly Brissette Brown said when she emotionally recounted the story of the press release at Wednesday’s town council meeting. She said that it was at the June 7 town meeting that it was decided to issue the press release. It wasn’t decided by a vote, she said, nor was it an agenda item. The next night, at a regular town council meeting, the council went into executive session and turned the press release into a resolution.

Meanwhile on June 8, the residents of Burrillville were at the Senate Judiciary Meetting, having the press release sprung on them by Senators Frank Lombardi and Steven Archambeault. They proceeded to use the press release/resolution to humiliate the Burrillville residents, providing ad hoc civics lessons on representational government and generally putting the people of Burrillville on the defensive. “It was humiliating,” said Burrillville resident Kathy Sherman.

The way this resolution was produced, potentially without proper public notification, potentially without being properly put on the agenda, and potentially not being voted on properly either in open or executive session, may well be illegal and violations of the Open Meetings Act. As Barry Craig, Burrillville resident and retired lawyer, pointed out, the Open Meetings Act has provisions that allow members of the public to hold the individual members of the town council financially liable for attorney fees if they sue and win, which might become an expensive proposition for them. (See video 01 below)

Craig ended up in a shouting match with Town Councillor Donald Fox, who objected to being characterized as “lazy” for helping to make an end run around the people in addressing the Senate Judiciary Committee and possibly violating the Open Meetings Act. “You violated the law!” shouted Craig, “Does that mean anything to you?” (See video 26 below)

Fox retorted that Craig was “out of order”.

2016-06-23 Burrillville Town Council 003
Donald Fox and Barry Craig

Kimberly Brissette Brown’s address to the people of Burrillville needs further consideration as well. (See video 03 below) She begins by saying that since Invenergy won some forward capacity obligations in the recent the ISO-NE, the company is on the hook for potentially millions of dollars if the plant is not built. One big question: Why should anyone in Burrillville care about bad decisions made by a Chicago based energy company? How is it possible that Burrillville should be liable for Invenergy’s bad business decisions?

2016-06-23 Burrillville Town Council 005
Nancy Binns

It was an unusual night, because individuals on the town council became unusually chatty. Nancy Binns spoke, (See video 15 below) saying that no on on the town council “is wildly enthusiastic about this power plant.” Does this mean that at least one member is moderately enthusiastic?

Steven Rawson spoke (See video 25 below), but only after telling the audience that if they dared interrupt him, he would stop speaking. He then defensively spoke about his years of service for the town, but addressed no pertinent issues.

In fact, every member of the town council said at least a few words, even Michelle Bouchard, who used to be referred to as “the one who never speaks” by some residents when we talked about town council meetings.

Gone was the united front the town council used to show in the past. Gone was the idea that the town’s attorney, Oleg Nikolyszyn, could speak for the council.

It was Debbie Krieg (See video 07 below) who took Oleg to task for a video in which he claimed Cale Keable brought Invenergy to the town. Even if that’s true, said Krieg, Cale Keable has more than made up for it by changing his mind and listening to his constituents and fighting hard to prevent the power plant from coming to town.

Krieg also revealed that that through her APRA request she had learned that high priced consultant Dyana Koelsch, hired to facilitate communications between the town council and residents, was pulling in $200 an hour for her work. Some in the audience audibly gasped. “These are tax payer dollars,” said Krieg. “How long is this going to last?”

“I believe she has a six month contract,” said Council President John Pacheco.

Also discussed was Monday night’s planning board meeting. Residents were extremely unhappy with the performance of the ‘experts’ hired by the town. They were unhappy with the way that meeting was conducted. They were especially unhappy with the idea that opening a well contaminated with MTBE may possibly poison the Harrisville water supply, or that Invenergy might have to draw water from Wallum Lake to cool its generators.

Perhaps the most startling new piece of information to come out of Wednesday’s town council meeting is the fact that Governor Gina Raimondo‘s planned July 18 trip to Burrillville to face residents might not be set in stone. Council President Pacheco said that when he reached out to the governor’s office, he could not confirm the date because her people said her schedule was “in flux” and he was told that the governor’s people were handling all arrangements.  (See video 36 below)

The town council ended the meeting by voting to go into executive session, where they could discuss the Invenergy power plant away from the townspeople, which isn’t quite irony, but close enough.

Below is the full video of the meeting as pertains to the power plant.

20160622_222715

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Experts testify on how power plant will impact Burrillville


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Setting up my camera at Monday night’s Burrillville Planning Board meeting, I saw one of the town’s two lawyers, Michael McElroy, turn suddenly from his place on stage and wave enthusiastically and with a smile at some friends who had just arrived. Turning, I noticed that the arriving friends were the lawyers and expert witnesses from Invenergy. The small cadre of Invenergy lawyers waved back collegially and I thought, “Who represents the people of Burrillville here?”

The meeting was held at the Burrillville High School, and was four hours long. The meeting did not end. Invenergy still had expert witness testimony to present, and 30 Burrillville residents had signed up to testify, only to never get their chance to speak. In the end, a decision was made by planning board chairman Jeffry Partington to continue the meeting on July 11.

This meeting was held to discuss Invenergy’s proposed fracked gas and diesel oil burning power plant. The Town of Burrillville and Invenergy had both hired experts to delve into the power plant’s plans and provide opinions as to whether or not the power plant would be able to control for such issues as air quality, water use and quality, noise levels, traffic and wetlands impact. The sometimes technical details were presented in a way that could be generally understood by a layman, and both the planning board and Invenergy’s lawyers were able to ask questions.

2016-06-20 Burrillville Planning Board 003Before the meeting got started though, the planning board dealt with correspondence from Barry Craig, a retired lawyer recently returned to Burrillville. Craig had filed a motion to have the town’s lawyer, Oleg Nikolyszyn, recuse himself because of allegations that he and the town council had violated the open meetings act when issuing a resolution last week, a resolution that many feel gave the Senate Judiciary Committee in the RI General Assembly the excuse it needed to vote down legislation that would have vastly improved the town’s position regarding the power plant.

Before Craig could rise to speak, it was learned that Nikolyszyn had in fact recused himself from the proceedings, hence Michael McElroy’s appearance at the hearing, waving to his buddies from Invenergy.

The town called its expert witnesses to give their reports and answer questions from both the planning board and Invenergy’s lawyer, Elizabeth Noonan.

David Hessler discussed the noise the plant would emit during operations. The noise ordinance in Burrillville establishes a very low goal of 43 decibels, a goal Invenergy says it will be able to reach. Though Hessler says he is “leery of [Invenergy’s assumptions in their model” regarding operating noise levels, he is confident that “Invenergy will do whatever they have to, to meet the limits].

“It may be difficult and it may be expensive,” Hessler cautioned, adding, “I think it can be done.”

Later Hessler admitted that he had “never seen a power plant meet the noise levels” but reiterated that he thinks this plant can be designed to do so.

2016-06-20 Burrillville Planning Board 001As loud as the power plant might be under normal operating conditions, it will be louder during start up and shutdown. When asked about Invenergy’s estimates about how long start ups and shutdowns take, Hessler said that Invenergy’s estimate of 10-30 minutes is “too short. There’s no way,” and said “I would not trust [Invenergy’s] numbers.”

Eric Epiner was up next, talking about air quality. Power plants like the one proposed for Burrillville are designed to fire pollutants through extremely tall stacks and released high into the atmosphere. Spinner expects that the impact on local air quality will be insignificant. However, the power plant plans Invenergy has submitted so far contain numerous errors and inconsistencies, as well as missing documentation. “We can’t say with certainty what the health risks are,” said Epiner.

The pollution from this plant, says Epiner, will not fall on Burrillville, but on people fifty kilometers away.

Tom Hevner was then questioned about the 40,000 gallons of ammonia to be stored on site. Invenergy’s plans call for 19 percent concentrations of ammonia, because 20 percent requires federal oversight. Ammonia, when released into the air, is extremely deadly, whether the concentration is 20 or 19 percent.

Hefner recommended that the Pascoag Fire Department be consulted on how to deal with such chemicals should they be stored on site, and also suggested that there may be other, less hazardous chemicals that Invenergy might use instead.

James Jackson was called upon to discuss the impact the new power plant will have on traffic in Burrillville, especially during the plant’s construction. He seemed to think that the impact would be minimal.

Jackson also spoke on the impact the plant might have on nearby wetlands. Right now water run-off from the plant is designed to be put in a pool that will directly abut the wetlands. Jackson said that the storm water run-off issues were not clearly resolved in the plans. The plan seems to call for storing toxic waste water next to a protected ecosystem. “I just don’t feel comfortable with this,” said Jackson.

Tom Hevner was brought back to talk about water use and the re-opening of well 3A, the well shut down 15 years ago by court order, due to MTBE contamination. MTBE is highly carcinogenic and Burrillville has paid a heavy cost because of this. Invenergy wants to use this water to cool their plant, promising to purify the water before it’s sent to a waste water treatment facility.

The “treatment scheme” says Hevner, is to draw water out of the well that will be contaminated at a rate of 55 parts per billion with MTBE. Due to condensation, that number will be 200 parts per billion by the time it reaches the power plant. There the water will be run through two Granulated Activated Carbon (GAC) filters (though Hevner recommends three GACs) at which point the MTBE should be at “non-detect” levels.

The danger is not in Invenrgy’s water purification system, which Hevner seems to think will work, the danger is back at the well, where pulling water out of the well “might draw back contaminants” that have leeched into the surrounding area underground.

Since the MTBE disaster in Pacoag, Burrillville has been buying its water from Harrisville, across the Clear River. The river acts as a barrier between the two water sources, but, says Hevner, it “needs to be demonstrated that there’s no hydraulic connection” between Harrisville and Pascoag’s water sources. Other wise, there’s a danger that reopening well 3A might contaminate Harrisville’s water with MTBE.

Hefner also thought that the well won’t provide sufficient water for the energy plant, which will need to draw millions of gallons a day. Hefner suggested that the plant might need to draw water from other nearby municipalities, like Harrisville, or even start drawing water from Wallum Lake. This suggestion certainly agitated the crowd.

After a break, Invenergy called their witnesses. Invenergy’s lawyer, Elizabeth Noonan, could not get all her testimony done before 10pm, so after much deliberation it was decided to continue the meeting on Monday, July 11 at 6pm at the Burrillville High School.

To be continued…

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Three Democratic challengers to make a run at Burrillville Town Council


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Burrillville Town Council
Burrillville Town Council

The Burrillville Democratic Town Committee voted unanimously to endorse three candidates for town council. All three oppose the $700 million fracked gas and diesel oil burning power plant proposed for the town by Invenergy and supported by the present town council.

“In all these cases,” said Committee Chairman Stephen Mulcahey, “we have candidates who are committed to opposing the proposed power plant. In addition, these candidates have the experience and capacity to govern past this one issue”.

The three candidates are:

  • Jim Alix, a retired school counselor (MSW). He and his wife, Kathy, a retired school teacher have been residents of Burrillville for over 30 years. Jim has been an active member of the Burrillville Parks and Rec program as well the Burrillville Extended Care Program.
  • Michael Dutilly, a career firefighter and union president of the Harrisville Fire Department. Mike is a lifelong resident of Burrillville and a graduate of Burrillville High School. Mike is married and has a newborn baby boy.
  • Bob Perreault, a multi-generational Burrillville resident. Bob is a retired Zambarano Hospital employee where he spent his career caring for patients. Bob was a Therapeutic Services provider and has a keen sense of empathy for our fellow residents at Zambarano Hospital.

It is thought that Councillors Nancy Binns and Kimberly Brissette Brown will not be seeking re-election. The only councillor up for re-election is Council President John Pacheco. Councillor David Place, not up for re-election, has plans to run for state representative, against Cale Keable. It’s unclear how this race would affect the make up of the Town Council.

A new Burrillville Town Council may come too late to have an impact on the Energy Facilities Siting Board (EFSB)’s decision regarding the plant. Close observers say the current make up of the Town Council supports the plant 4-3, with Stephen Rawson, David Fox, Place and Binns in support and Pacheco, Brissete Brown and Michelle Bouchard against.

At the same meeting, the Burrillville Democratic Town Committee gave its endorsement for reelection to State Senator Paul Fogarty and State Rep. Cale Keable, who made an unsuccessful play in the State House to pass legislation that would give voters in Burrillville the opportunity to vote on any tax treaties the town council negotiates with energy companies in the town. That bill died in the Senate under “curious” conditions.

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Raimondo coming to Burrillville July 18


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Business Friendly StateOver a month after agreeing to meet with Burrillville residents while in Warwick and one day after members of the FANG Collective and BASE intercepted her a second time at a community event on the East Side of Providence, Governor Gina Raimondo has agreed to a date and time. It has now been officially announced that Governor Gina Raimondo will be at the Burrillville High School, 425 East Ave, Harrisville, for a community meeting Monday, July 18 from 6 PM – 9 PM to discuss the proposed power plant.

After months of trying to get the governor to come to the town through more conventional channels, Kathy Martley, co-founder of BASE (Burrillville Against Spectra Expansion), presented the Governor with a flower and a home made card at an event in Warwick. The Governor agreed then to come to Burrillville. On Thursday night Martley followed up with the governor outside the First Unitarian Church of Providence. The governor agreed to set a date and time the following day.

On Thursday evening the governor was noncommittal on the Keable/Fogarty bill and said that she will make a final decision on it once it reaches her desk, but the next day, while taping an episode of Channel 12 Newsmakers with Tim White and Ted Nesi, Raimondo said that she will be “very likely to” veto the bill. The Governor told Nesi and White that she was opposed to the bill’s “retro-activity feature” which changes the process at the Energy Facilities Siting Board (EFSB) even as Invenergy, the company that wants to build a $700 million fracked gas and diesel burning power plant in Burrillville, is engaged in the process.

“This isn’t about, necessarily, whether you are for or against natural gas, we have a process,” said Raimondo, “You cannot change the rules of the game halfway through the game if you want to be a business friendly state.”

I’ve talked before about Raimondo and her emphasis of business over democracy. The process that Raimondo is defending is one that favors the interests of billion dollar corporations over the people of Rhode Island. The people of Burrillville are demanding that this process be corrected in the interests of the people.

If given a choice, would you rather live in a business friendly state, or a democracy friendly state?

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Raimondo non-committal on Keable/Fogarty bill veto


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2016-06-09 FANG BASE RaimdoonOn Thursday evening members of BASE (Burrillville Against Spectra Expansion) and The FANG Collective spoke with Governor Gina Raimondo outside of a community event in Providence.

During the exchange the Governor was given information on the impacts of MTBE contaminated water and she pledged that on Friday she will officially announce the date of her community meeting in Burrillville.

The Governor first agreed to come to Burrillville to meet with residents during an event on May 9th and her staff has since suggested that the community meeting will be during the first week of July. We look forward to confirming this date with the Governor tomorrow.

Unfortunately Governor Raimondo was noncommittal on the Keable/Fogarty bill and said that she will make a final decision on it once it reaches her desk.

Let’s make sure that the Bill gets to her desk.

Please email Senate President Teresa Paiva Weed (sen-paivaweed@rilegislature.gov) and Senate Judiciary Chairman Michael J. McCaffrey (sen-mccaffrey@rilegislature.gov) and urge them to move S3037 to a full vote on the Senate floor.

And let’s keep the phone calls and emails coming to Governor Raimondo urging her support the Keable/Fogarty bill: (401) 222-2080, governor@governor.ri.gov.

[The above was written from a press release. The video was released by the FANG Collective]

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.”

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

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CLF supports power plant bill, calls out ‘scare tactics’


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2016-05-26 Burrillville at the State House 021
Paul Fogarty addresses constituents at the State House

The Conservation Law Fund (CLF) supports S-3037, by Senators Fogarty, Nesselbush, and Kettle, and respectfully urges passage of this bill. This bill addresses an important issue pertaining to the proposal by Invenergy to build a new 900 MW fossil-fuel power plant in Burrillville, RI.

CLF has considerable first-hand knowledge of the Invenergy proposal. CLF is the only environmental organization that has been admitted as a full party before the Energy Facility Siting Board (EFSB) in Docket SB 20 15-06, which is the Invenergy permitting proceeding. CLF is the only environmental organization that has been admitted as a full party in the Public Utilities Commission Docket # 4606 that is considering issues pertaining to Invenergy (including whether the proposed plant is even needed and what the ratepayer impacts might be).

In connection with these legal proceedings, CLF has received and reviewed thousands of pages of evidence, including significant quantities of confidential information pertaining to the Invenergy proposal. CLF urges passage of Senator Fogarty’s bill because it addresses a crucially important issue that is not being addressed anywhere else — and, indeed, cannot be addressed anywhere else: the matter of voter approval for tax treaties.

I respectfully direct your attention to the portion of this bill beginning on page 3, line 34, and running through page 4.

Under long-existing law, R.I. General Laws § 44-3-30, the Town Council of Burrillville has the legal ability to enter into tax agreements, called “tax treaties,” with the proponent or owner of electricity-generating plants within the Town. Senator Fogarty’s bill would make one crucially important change to this law. The bill would retain the long-existing power of the Burrillville Town Council to enter into these tax treaties — but would require voter approval of such treaties.

This bill is good for democratic process.

The only argument that I have personally heard from Invenergy’s lawyers against this provision in the Fogarty Bill is that, by requiring such voter approval for tax treaties, the Bill would stymie any and all infrastructure projects in the state. I was even told that passage of the Fogarty Bill would prevent small projects from going forward at the Johnston Land Fill.

This is untrue. The underlying, existing statute that the Fogarty Bill modifies pertains only to Burrillville, and only to electricity generators in Burrillville. The Bill would have no application and no effect anywhere else in the state.

Moreover, if enacted, the Fogarty Bill would not stop the Invenergy plant from being built — nor even prevent the Burrillville Town Council from entering into a tax treaty with Invenergy. The only thing the Fogarty Bill would do is require that any such tax treaty be voted on by the people of Burrillville.

And, in the event that such a tax treaty were turned down by Burrilliville voters, even that would not necessarily stop the Invenergy plant from being built. The tax treaty that was voted down would not take effect, but Invenergy could seek to negotiate a different tax treaty, or could even build the plant without a tax treaty.

In short, the scare tactics used by Invenergy and its allies to oppose this provision of the Fogarty Bill are just not true.

I want to address one other provision in this bill: the section on page 1, lines 7 to 14, that would enlarge the membership of the EFSB. When this bill was heard in the House Environment Committee on Thursday, May 26, National Grid expressed reservations about expanding the membership of the EFSB, and said that so expanding the EFSB could potentially jeopardize tens (or even hundreds) of millions of dollars of pending infrastructure projects.

CLF has long had reservations about the way the current EFSB is constituted; thus, CLF well understands the impulse to change how the EFSB is constituted. Nevertheless, CLF believes that the most critically important portion of Senator Fogarty’s bill is the portion on page 4 requiring voter approval of tax treaties. For that reason, if there is significant opposition to the provision on page 1 of the bill (changing the membership of the EFSB). CLF respectfully urges that you strip out that latter provision and pass the rest of the bill.

[This post was created with an advanced copy of Jerry Elmer’s testimony for tomorrow’s Senate Judiciary hearing.]

On Burrillville power plant, Janet Coit shows concern for the environment and/or future lawsuits


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DSC_3258The June 2 open meeting of the Energy Facilities Siting Board (EFSB) was a rare opportunity to hear board members Margaret Curran, Janet Coit and Parag Agrawal talk openly about their thoughts regarding the process of the board in approving or denying Invenergy‘s proposed fracked gas and diesel oil burning power plant in Burrillville. That said, it’s also a bad idea to draw too many inferences about board members thoughts based on their words.

One example of this came near the end of the 45 minute meeting. Janet Coit, who directs the RI Department of Environmental Management (RIDEM) when she’s not on the EFSB, suggested directing RIDEM to expand their advisory opinions on the environmental impact to include impact on wetlands, impact on state conservation areas and the cumulative impact of all fossil fuel development in the area, including pipeline compressors and the Ocean State Power Plant.

Janet Coit
Janet Coit

It would be easy to see Coit’s suggestion, which was approved unanimously by the board, as indicative of a concern about environmental impacts and as a response to the concerns of community members who have spoken at one or more of the open comment hearings held in Burrillville. But Coit’s suggestion may be no more than an attempt to make sure all the bases are covered. Getting advisory impact statements does not take away the EFSB’s ability to rubber stamp the power plant. It just provides the board with appropriate legal cover.

Chair Curran was on board with the suggestion that the cumulative effects the fossil fuel infrastructure in Burrillville might have on wildlife, saying, “I’m partial to the bats.” But again, her concern for the bats might dissipate in the light of Invenergy’s desire to build a new power plant where it is not wanted.

Meg Curran
Margaret Curran

Coit also suggested that the EFSB take “official notice” of the court order that closed the MTBE contaminated well in Pascoag, the same well that Invenergy hopes to use to cool their turbines on the promise of cleaning up the contamination. The well was sealed after many families became due to the MTBE in their water. As a result of Coit’s suggestion the court order has become part of the official record.

There were no public comments allowed at this meeting, and no lawyers from any of the intervenors were allowed to ask questions or comment. The meeting was for the three board members to “discuss, deliberate and decide” on various aspects of the hearing process. They started by denying one “late intervention” of an abutting property owner and approving another. The difference between the two applicants seemed to be that one applicant was zoned for residential and business, a special case that may require a separate lawyer.

Parag Agrawal
Parag Agrawal

Todd Bianco, coordinator of the EFSB, ran through the current status of the advisory opinions the board has requested. Most of the opinions seem to be roughly on schedule. Surprisingly, Invenergy has yet to apply for the proper permits from the RI Department of Transportation (RIDOT). Under current rules, it would take RIDOT three months to process the applications, and Bianco said RIDOT was “unable to determine if the applications will be on time.”

The meeting ended with a discussion of how to do better outreach with the public. Bianco said that he continues to run advertisements for meetings in the ProJo and in two local Burrillville publications. This lead to a discussion of whether or not to have a Twitter account for the EFSB.

“It would be my first,” said Bianco, “I could learn how to tweet, and hashtags are a thing…”

John Niland
John Niland

DSC_3225

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