Burrillville Town Council opposes power plant, but proposed tax treaty undercuts their message


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20160922_185651Even as the Burrillville Town Council approved a resolution to oppose the siting and construction of Invenergy’s $700 million fracked gas and diesel oil burning power plant in their town, the next battle, over a proposed tax treaty between the town and the power plant company, was heating up.

The town council approved the resolution 7-0. The resolution also included a provision that Council President John Pacheco III will testify against the power plant before the Energy Facilities Siting Board (EFSB) and ask other municipalities to join the town in opposition.

The vote in opposition breaks a long period of “neutrality” on the part of the town council, which the council maintained was necessary so as to not give the appearance of trying to politically affect the outcomes of advisory opinions from the town planning and zoning boards.

“The siting board and Invenergy can certainly never say we did not follow the process,” said Council President Pacheco.

But in the audience, townspeople were holding bright yellow signs that said, NO TAX TREATY, a preview of Monday night’s town council meeting to vote on an agreement with Invenergy to collect $94 million or more from Invenergy if the power plant is ultimately approved. Townspeople say that approving this tax treaty undercuts the council’s statement of opposition.

One by one the town council members explained their opposition to the project. Councillor Kimberly Brissette-Brown, who was absent, had her statement read by the town clerk. There was no public comment allowed, but the bright signs held by audience members spoke volumes.

On a personal note, I was extremely touched by the comments made by Councillor David Place and the reactions of the townspeople to the mention about RI Future and the work we’ve done on Burrillville. Thank you.

To be continued on Monday night. Here’s the full video:

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EFSB Public Hearing in Warwick a time for reflection on the process


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20160921_180702The Energy Facilities Siting Board (EFSB) public hearing in Warwick Wednesday evening, coming near the end of the process to decide the fate of Invenergy‘s proposed $700 million fracked gas and diesel oil burning power plant, was filled with almost philosophical reflection, with many speakers, who have sat through dozens of EFSB, town council, zoning and department meetings and honed their public speaking skills, commenting with a battle weary determination and steely resolve.

Perhaps no one summed up the emotional toll of the process better than Kerri Fagan, who reminded the board of the promises made regarding the fairness of the process by elected officials such as Governor Gina Raimondo and Senator Sheldon Whitehouse as well as by the board members themselves, then launched into a long list of irregularities and seeming violations of the process that tend to favor Invenergy and disfavor the towns people.

Six of the twelve advisory opinions, said Fagan, maintain that, “Invenergy did not provide enough information before the deadline for them to submit an appropriate advisory opinion.”

Fagan explained that the process allows for the RI Public Utilities Commission advisory opinion, “to be completed by a single person, [Herbert DeSimone Jr]” after one of the other members recused themselves because they “previously expressed support for the project.” The process of having one person make that decision was questioned, said Fagan, but was ruled appropriate by the single board member, DeSimone Jr.

“The process allows Invenergy representatives to falsely testify at open meetings,” said Fagan. “Did the process require them to acknowledge their misinformation? No. There are probably people who still believe they will receive great rate savings,” if the power plant is built. Fagan says the process also allowed Invenergy to falsely advertise meeting locations and times.

The process, said Fagan, requires that the Burrillville Town Council remain neutral throughout the process, yet Governor Raimondo and Senator Whitehouse can express their support for the project.

The process allows attorney Richard Sinapi to represent the Harrisville Water Board, but also lobby against Burrillville Representative Cale Keable‘s EFSB bill on behalf of labor unions, while also allowing his law firm to write a position opposing the Town of Burrillville’s Motion to Dismiss. “The question of conflict of interest was raised, but [Sinapi] continues to represent parties on both sides of this proposal.”

The process allows the Governor and labor unions to advocate for the process based on the jobs it will create, but the EFSB is not charged with creating jobs, but with determining energy needs and judging environmental impacts. “I don’t believe the EFSB has a responsibility to create jobs,” said Fagan,” and I don’t believe it is an appropriate outcome to consider in this setting. Yet the process has allowed this to be a major rallying cry for those that support the process.”

“It is very hard for the residents to respect the process,” said Fagan, “as it seems to be flawed in all areas. The EFSB board works for the Governor. The Governor supports the project. Companies such as Goldman Sachs and General Electric appear to be partners in both this proposed project as well as working with the Governor on statewide initiatives.

“Why has there not been a comprehensive environmental impact statement completed?”

“We can only hope that [the EFSB] will truly listen and read through why this is the wrong project and in the wrong location,” said Fagan, wrapping up, “We hope that you have the strength to fight the state wide politics and make a decision on the merits of the project and truly consider the negative, long lasting detrimental impacts  that this project will bring to the Town of Burrillville.”

Other speakers that leaped out at me include Paul Roselli of the Burrillville Land Trust, who praised the RI Department of Enviornmental Management‘s advisory opinion.

Cranston native Rhoda Northup said that this was “not just a Burrillville issue, but a statewide issue. It’s also a Connecticut and Massachusetts issue. “Do we go thirsty and the power plant gets the water?” asked Northup.

Suzanne Dumas

Sally Mendzela spoke about the reality of climate change, and how plants like the one proposed by Invenergy will doom our planet.

Lynn Clark

Mary Gauvin

Smart energy conservation could easily absorb the 10,000 megawatts going offline, the power plant is not needed said Vito Buonomano.

Lisa Petrie explained her concerns as a mother, and explained why she chose to be arrested outside Governor Raimondo’s office.

Donna Woods told the EFSB members, “You do know better” than to approve this plant.

Denise Potvin

This public comment meeting was scheduled for after the last of a dozen advisory opinions were filed with the EFSB. Many who spoke at the hearing pointed out that at least six of the advisory opinions are incomplete, because Invenergy could not supply required information.

The testimony and hearing was also colored by the fact that the Burrillville Town Council will be voting tonight on whether or not to oppose the power plant in a meeting at the Burrillville High School Thursday night, and will be voting on whether to approve or reject a proposed tax treaty between the town and Invenergy on Monday evening. The groups in opposition to the power plant from Burrillville do not want the town council to approve the tax treaty, which may characterized as selling the town for a measly $92 million.

There will be one more public comment meeting, originally to be held on October 3 but not postponed, date to be determined due to Invenergy’s request for a thirty day extension as they work to secure a water source for their plant. In the meantime, the EFSB board will hold a meeting to decide on two motions to dismiss Invenergy’s application, one from the Town of Burrillville and the other from the Conservation Law Foundation (CLF) based on Invenergy’s incomplete application and failure to provide adequate or timely information when requested.

Here is the video of all the speakers:

Richard Dionne said that Invenergy should be required to submit all requested information.

Doug Geblinske of TEC-RI spoke in favor of the power plant.

Eugenia Marks, noted environmentalist former head of the RI Audubon Society, spoke against the plant.

David Brunetti questioned Invenergy’s “cicular logic” in determining that Burrillville was the location for this plant.

Kathryn Scaramella questioned the “small but meaningful savings” ratepayers will receive if the plant is built. She pointed out that the extension Invenergy requested was a violation of terms EFSB Chair Meg Curran set out in May, when she said “all deadlines are set in law.”

Mary Jane Bailey said the location chosen for the power plant was rejected when the Ocean State Power Plant was built in the 1980’s. “If it wasn’t right in the ’80s it’s not right now,” said Bailey.

Ben Weilerstein, of the Toxic Action Center said that the same kind of action taking place in Burrillville is what helped defeat the pipeline project in Massachusetts.

Meg Kerr, senior policy director for the RI Audubon Society spoke against the plant.

John McMullen, business agent for the Plumbers and Pipefitters union spoke in favor of the plant, saying there was a need for the energy and the jobs. He said that RI Building Trades supported Deepwater Wind and that a life of temporary jobs allowed him to raise his daughters and send them to college.

Irene Watson noted that her community’s public speaking skills have improved because of the countless meetings they’ve been to.

Kenneth Putnam Jr spoke from the heart. He’s 76 and 1 day old.

Betty Mancucci

John Anthony Scott

Jeremy Bailey

Roy Coloumbe said he represents two dozen iron workers from Burrillville who support the project.

Attorney Greg Mancini is Richard Sinapi’s law partner and represents the RI Building Trades.

“The power plant will be around 30-40 years from now, says Stephanie Sloman. “”I’ll be dead, you’ll be dead,” she told the EFSB members, “75 percent of the people here will be dead. I’m not trying to be funny.” It’s about the future.

Sloman gave each member of the EFSB this picture, to remind them of the species they will either help to save or destroy, depending on how they decide on the power plant.

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Cynthia Crook-Pick compared the power plant to 38 Studios, both are being pushed forward with inadequate information.

Karen Palmer

Jason Olkowski

Scratch the Energy Facility Siting Board process and find naked capitalism


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This Wednesday, September 21 at 6pm, the Energy Facility Siting Board will conduct its next public hearing about Invenergy’s proposed fossil-fuel-fired power plant in Burrillville.  The hearing will be held in the Toll Gate High School Auditorium, 575 Centerville Road, Warwick.

The last couple of weeks produced a flurry of advisory opinions on Invenergy’s power plant proposal.  The list is here in the Public Utility Commission docket.  I should have read all of these documents, but I have not and may never.  Why should we keep critiquing the emperor’s clothes knowing full well that he has none?

Expansion of the fossil fuel infrastructure
Expansion of the fossil fuel infrastructure: jobs, jobs, jobs!
“Sure it’s retro, but you have to go where the business is.”

I did start reading the advisory opinion of the Rhode Island Department of Environmental Management.  I keep getting distracted, as I am reminded of sections of Mary Wood’s Nature’s Trust.  Take this:

Bureaucratic acronyms and techno-jargon give a ready-made veil to ongoing political manipulation, operating to ward off oversight from judges, journalists, environmental groups, and citizens. Every environmental agency uses dozens or even hundreds of acronyms that blather an alphabetic mix meaningless to the public. Clean Air Act regulations, for example, display the acronyms BACT, BART, MACT, RACT, SIP, NSPS, NSR, CEMS, HAPS, LAER, NESHAPS, PPM, NAAQS, PSD, TAMS, VOC, and dozens of others. Regulations under the Resource Conservation Recovery Act use UST, TSDF, TCLP, SQG, MCL, LQG, HSWA, CAMU, CAS, CESQG, and many more. Encasing agency decisions in an impenetrable vocabulary, this mumbo jumbo goes far in shielding bureaucrats from outside scrutiny.

In the opinion I struggle with I read about API, AST, COA, MDNR, MTBE, NSA, OPC, PUD, PW-3A, RIRPP, RIWAP, ROW, SAS, SDM, SGCN, ULSD, …   There is no excuse for this kind of writing: word processors for decades have given users the ability to expand their abbreviations.

Collectively, we have spent countless hours exposing the science missing in these opinions. Unfortunately, very little of what is relevant is consistent with the statutes that govern the process.  As Mary Wood puts it:

Despite its original goals, environmental law now institutionalizes a marriage of power and wealth behind the veil of bureaucratic formality.

Indeed, the evidence gushes off the page in the documents of our hallowed process.  The problem is not that the professionals of the various departments do not understand the science.  The problem is that they are—undoubtedly much to their chagrin—subordinate to politically appointed masters.  They are subject to statutes that reflect decades of industry insider subversion of the Clean Air and Clean Water Acts.

Government as a whole is failing. The short version of the story is that the White House serves at the pleasure of the fossil fuel industry.  The same applies to our state leadership, the majority of  Congress, and our state legislature.

Two government branches down, one to go.  Mary Wood explains what happened to the third, the judiciary.  It has largely excused abandoned its fiduciary duty to preserve Nature’s Trust for present and future generations.  Mary Wood lists the following problems:

  1. Closing the gates: the standing doctrine—To win a law suit you must have standing: you have to show that you have a personal stake in the outcome of the suit you bring.  Apparently, in the world of our revered American law schools, we’re all from outer space and have no stake in the health of this planet.
  2. The judicial deference syndrome—Supposedly, regulatory agencies have technical expertise and objective scientific facts on their side.  Thus, the courts shy away from “micro-managing” these bureaucracies.  Of course, the courts disregard that many decisions that are presented as scientific are products of political pressure and a process captured by industry.
  3. Narrow (often procedural)  grounds—Ecological matters are rarely the issue in court.  What counts is whether the process followed its often ambiguous and arbitrary rules and regulations.  The courts end up dealing with form rather than substance.
  4. The ineffectual remedy—When a court case is occasionally won, the winner must, once again, spend limitless resources to implement the often inadequate remedies.
  5. The remote public—by the time the chainsaws, bulldozers, and dynamite arrive, people are still trying to master the acronyms, but the process has already ended.  It’s too late. 

The Rhode Island process puts our politically appointed Director of the Department of Environmental Management in an impossible position, inaccessible behind a firewall on the Energy Facility Siting Board.  Corrupted statutes silence the experts in the various departments, but the statutes have done their dirty work and the upshot is clear and all we have is:

  • A process inconsistent with the “duty of the general assembly to provide for the conservation of the air, land, water.”
  • A process designed to clothe the villainy of naked capitalism.

CLF files motion to dismiss in power plant case


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2016-07-19 Burrillville MTBE Site Visit 025The Conservation Law Foundation‘s (CLF) senior attorney Jerry Elmer filed a Motion to Dismiss today with the Energy Facility Siting Board (EFSB) in the case of Invenergy’s $700 fracked gas and diesel oil burning power plant planned for Burrillville. CLF’s motion is broader than the one filed by the Town of Burrillville, which concentrated on the fact that Invenergy to date has supplied no information on where the water to cool the power plant will come from, making it impossible to assess the project.

In addition to the water issue, CLF’s motion is based on the lack of advisory opinions from multiple agencies, due to Invenergy’s lack of providing needed information. This is CLF’s second motion to dismiss. As this new Motion to Dismiss says in its conclusion, “Back in January, CLF argued that this docket should be closed due to inadequate information from Invenergy.

“Invenergy’s Application lacked enough details for the parties, including CLF, to assess and respond to its proposal. The EFSB voted to let the process take its course. The Board noted that ‘further information’ might at some point be ‘necessary to conduct a thorough review and make an informed decision…’ It added that discovery would be available as part of the process.

“In the intervening eight months, twelve agencies and subdivisions have attempted to conduct the thorough reviews and make the informed decisions demanded of them by the Energy Facility Siting Act and the Board. Discovery has occurred. And Invenergy has failed to provide enough information for the agencies and subdivisions to issue fully informed advisory opinions. The process has taken its course, statutory deadlines have passed, and there still is not enough information for the Board to do its job. Invenergy’s failure to provide adequate information violated the Energy Facility Siting Act, it precluded the agencies and subdivisions from doing their jobs, and it precludes the EFSB from fulfilling its statutory mandates, Enough is enough: Invenergy’s application must be dismissed.”

UPDATE: See Jerry Elmer’s blog post about the motion here.

Disruption and evolution at energy meeting


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2016-09-15 ISON-NE PVD 003The Consumer Liaison Group (CLG) Meeting happens four times a year and its a chance for ISO-NE to exchange information with electricity consumers in New England. ISO-NE is the group that regulates our electricity markets and keeps the lights on by coordinating electricity generation and transmission. They run billion dollar markets and interact with companies like Spectra Energy, Invenergy, National Grid and Deepwater Wind. Pretty much every aspect of the process of getting electricity to your television is touched upon by ISO-NE in some way.

2016-09-15 ISON-NE PVD 002The latest meeting of the CLG, in Providence on Thursday, featured a panel discussion with representatives from the four companies mentioned above. The panel was pulled together with the help of Douglas Gablinske, executive director of The Energy Council of Rhode Island (TEC-RI) an advocacy group for energy company concerns. Readers of RI Future may remember that Gablinske was a vocal opponent of Cale Keable’s bill to reform the Energy Facilities Siting Board (EFSB).  He was also the only speaker at the RI Public Utilities Commission (RIPUC) to speak in favor of the pipeline tariff.

Gablinske surprised me by asking if I knew about any planned protests or disruptions. I said I didn’t. He asked me specifically about the FANG Collective. I had no idea of what plans they have, if any, I said. Then Gablinske said that he noticed Mary Pendergast on the list of people who had signed up to attend. Pendergast was sitting in the room, and he soon went over to introduce himself to her.

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As the meeting ended, protesters unfurled a banner

During the course of the presentation there was a disruption. As Invenergy’s John Niland gave his presentation to the room, Mary Pendergast stood and display a small sign that said, “No fracked gas Power plant.” Her protest was silent but it did seem to throw Niland off a bit, as his delivery seemed somewhat distracted.

It was during the third presentation that the disruptions became more pronounced. As Richard Kruse, vice president at Spectra Energy spoke glowingly about the need for bigger and better pipelines in our fracked gas infrastructure future, Kathy Martley of BASE (Burrillville Against Spectra Expansion), Keith Clougherty of the FANG Collective and Sally Mendzela stood up.

“Spectra Energy, Energy for Death,” said Martley as I headed for my camera. “Say no to Invenergy and tell Invenergy to go home,” Martley continued.

As the protest continued, Gablinske took the podium and said, “You have a right to be here but not be disruptive” as Clougherty continued to speak.

Lennette Boiselle, an ally of Geblinske and a lobbyist for the Northern Rhode Island Chamber of Commerce got up and left the room, presumably in search of security. Readers might remember Boiselle as the person arguing against democracy at the public comment hearing concerning Cale Keable’s EFSB bill.

“The political correctness, of not allowing other people to talk is sweeping through this country,” said Geblinske, “It’s an incorrect assumption, this gentlemen has the right to speak…”

“We’ve been listening to you our whole lives, Pal,” interrupted Sally Mendzela.

Gablinske ultimately offered to set up a forum where “both sides” could be heard but it is unknown if this will actually happen. The protesters took their seats, no one was ejected from the forum, and Kruse finished his talk.

Amazingly, though, that wasn’t the end. During a brief question and answer period at the end of the presentations, Gablinske called on Clougherty to ask a question!

“I would ask for a question, not a speech or a statement,” said Gablinske, when he realized who he had called upon.

Clougherty then asked Niland, Kruse and Bill Malee, a National Grid VP, “Do your companies have any money set aside for restitution for the millions of people who are going to be displaced and killed by the infrastructure projects you all are proposing?”

There is no good answer representatives from these companies can give, yet Niland attempted one. As expected, it was not good.

I found the most interesting talk of the day came from Mary LouiseWeezieNuara, External Affairs Representative for ISO-NE.

“The region’s competitive wholesale electricity markets are really designed to maintain reliability through the selection of the most economically efficient set of resources,” said Nuara, but the states “have environmental and renewable energy goals that are beyond the objectives of the wholesale electricity markets.”

What’s happening is that states are setting goals to increase renewables and reduce greenhouse gas emissions (like the goals set out in ResilientRI, but all the New England states have some version of this idea.) ISO-NE is designed to deliver energy as reliably and cheaply as possible. As a market, it cannot deliver renewables or reduce emissions unless those options are cheaper and cleaner. In August, NEPOOL (which represents the interest of the New England states when dealing with ISO-NE)  began looking into how to adjust wholesale electricity markets to accommodate the goals of the states. It is NEPOOL’s goal to develop a “framework document” by December 2 to provide guidance to ISO-NE regarding potential changes. (A kind of advisory opinion, if you will.)

What makes this interesting, to my mind, is that if ISO-NE starts taking the climate change concerns of the states into account, plants like the one Invenergy is planning for Burrillville will have a harder time selling their energy into the markets.

ISO-NE is a little over a decade old, but already it’s finding that its systems are in need of being updated over concerns of climate change. By contrast, the EFSB here in Rhode Island was established thirty years ago, in 1986. The RI General Assembly has shown little inclination towards revising the EFSB’s mandate in lieu of climate change.

Below please find all the video from the CLg meeting except for the closing comments.

Rebecca Tepper, chair of the CLG Coordinating Committee and chief of the Energy & Telecommunications Division of the Massachusetts Attorney General’s office introduced keynote speaker Rhode Island General Treasurer Seth Magaziner.

Douglas Gablinske, executive director, The Energy Council of Rhode Island

Jeffrey Grybowski, chief executive officer, Deepwater Wind

John Niland, director of business development, Invenergy

Richard Kruse, vice president and regulatory & FERC compliance officer for Spectra Energy

Bill Malee, vice president of regulatory affairs, for National Grid

ISO-NE Q&A

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TD Bank finances the Dakota Access Pipeline, activists respond


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2016-09-15 TD Bank 025TD Bank in downtown Providence became the target of local environmental and indigenous American activists Thursday in response to calls for solidarity with the Standing Rock Sioux as they continue to battle the $3.78 billion Dakota Access Pipeline (DAPL). TD Bank is one of many financial institutions funding the pipeline. Similar actions have been popping up across the country and around the world.

At issue is the Dakota Access Pipeline currently under construction from the Bakken shale fields of North Dakota to Peoria, Illinois. DAPL is slated to cross Lakota Treaty Territory at the Standing Rock Sioux Reservation where it would be laid underneath the Missouri River, the longest river on the continent.

2016-09-15 TD Bank 024Organizers contend that construction of the DAPL “would engender a renewed fracking-frenzy in the Bakken shale region, as well as endanger a source of fresh water for the Standing Rock Sioux and 8 million people living downstream. DAPL would also impact many sites that are sacred to the Standing Rock Sioux and other indigenous nations.”

Thousands have gathered to stand against the pipeline in North Dakota, and President Obama has temporarily halted construction, but the fight will continue.

Democracy Now! has provided excellent, in depth coverage of the resistance for those who want to catch up on this important and developing story.

The protest outside TD Bank, organized by the FANG Collective, was entirely peaceful, with dozens of environmental and indigenous American activists bearing signs and leafleting passersby. The crowd grew to take over all four corners at Westminster and Dorrance.

Below is the full video of those who spoke at the event, followed by photos:

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Patreon

Elorza calls for ‘unequivocal denial’ from FERC on Fields Point LNG project


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2015-11-30-World-AIDS-Day-006-Jorge-Elorza-600x507 (1)Providence Mayor Jorge Elorza sent a strongly worded letter to the Federal Energy Regulatory Commission (FERC) last week, expressing his opposition to National Grid’s proposed Fields Point Liquefaction Project.

Saying that approval of the project “would have a detrimental impact to the City of Providence and its residents,” Elorza went on to frame the issue in global terms.

“The entire world is threatened due to climate change and we must move away from fossil fuels,” wrote Elorza, “The City of Providence has continually expressed a commitment to reducing its carbon footprint, promoting an equitable environment, and creating a more sustainable future for our City’s posterity. Providence does not want to perpetuate the global climate crisis, nor do we want to be burdened by the risks associated with a liquefaction plant in Providence.”

Elorza also touched on the issues of air quality in the area of Fields Point.

“The proposed facility would generate harmful pollutants that impact the surrounding community’s air quality and ecosystem. The proposed location for this project is surrounded by dense, lower-income neighborhoods and should not be subjected to the environmental and health burdens associated with the proposed facility.”

Elorza also says that “The proposed plant would also increase greenhouse gas emissions, particularly indirect emissions due to the hydraulic fracking process by which the natural gas is extracted from the ground, as well as the facility’s high electrical consumption (13 megawatts) for the liquefaction process.”

Elorza urged FERC to conduct a comprehensive Environmental Impact Statement, rather than an Environmental Assessment and to heed the final guidelines presented by the White House Council on Environmental Quality (CEQ), which instructed Federal agencies to include “direct and indirect greenhouse gas emissions and the effect of climate change in National Environmental Policy Act Reviews.

Elorza ends his letter asking for and “unequivocal denial” of the project.

 

Burrillville files motion to dismiss Invenergy application


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2016-07-19 Burrillville MTBE Site Visit 004Because Invenergy “has either refused or is unable to provide timely information regarding its proposed water supply… its Application should… be dismissed” writes Attorney Michael McElroy, representing the Town of Burrillville, in a motion filed with the Energy Facilities Siting Board (EFSB) today.

Invenergy is proposing to build a $700 million fracked gas and diesel oil burning power plant in Burrillville, a project that has the support of both Governor Gina Raimondo and the Providence Journal. The residents of Burrillville and every environmental group in Rhode Island oppose the plan.

Invenergy’s original plan was to pump water from a well contaminated with MTBE, but on Aug 19 the Pascoag Utility District voted unanimously to deny Invenergy access to that water. Under EFSB rules and the Act that established the EFSB, “Applications must include information regarding all required support facilities, including water resources.” Without such information, writes McElroy, “The Application cannot be evaluated in a meaningful way.”

McElroy’s motion to dismiss also notes that the Town of Burrillville, the Burrillville Planning Board and the Burrillville Zoning Board of Review “have formally requested information regarding Invenergy’s water source on multiple occasions” and that “Invenergy repeatedly promised to provide such information, but to date has failed to do so.”

“In fact,” writes McElroy, “in a Motion for Extension filed by Invenergy last Friday, Invenergy stated that its ‘expects’ to have a water source ‘within the coming weeks.’ This is uselessly vague.

Jerry Elmer, Senior Attorney for the Conservation Law Foundation (CLF), “supports the Town of Burrillville’s Motion to Dismiss the Invenergy case, which was filed today. In fact, CLF has been preparing its own Motion to Dismiss on the same grounds as the Town’s Motion:  The Energy Facility Siting Board (EFSB) process cannot go forward without the required Advisory Opinions from the Town; and the Town cannot prepare the required Advisory Opinions because Invenergy has failed to provide legally required information.

“Invenergy’s application to build a new fossil fuel power plant in Burrillville is incomplete, and the EFSB must dismiss the application.  CLF argued its first Motion to Dismiss last January because Invenergy’s application was incomplete then; and CLF will continue to  argue the same point now:  Invenergy’s application remains incomplete.  It is past time for the EFSB to dismiss this case.”

Terrence Hassett cancels meeting on LNG facility resolution


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14264907_10153933030393364_5765016217329190190_n (1)The Providence City Council Ordinance Committee meeting scheduled for 5pm on Monday was cancelled at 4:30pm, what one City Hall worker called, “at the last minute,” by Committee Chair Terrence Hassett. The cancellation effectively stalls the discussion of Councillor Seth Yurdin’s resolution opposing the construction of National Grid’s proposed liquefaction facility for Fields Point in the Port of Providence.

More than a dozen people showed up for the event, only to learn from the hastily printed signs that the meeting was cancelled. People told me that they had made great efforts to be at this meeting. One man brought his six year old daughter with him, others arranged to leave work early. A nurse handed off a patient to her co-worker, and lost out a couple of hours of pay.

Several people, expecting a long meeting, paid for two hours of parking, as the on street parking, which used to be free at 6pm, is now free after 9pm. In all I talked to six people who paid for parking, including Sister Mary Pendergast, who said she’s “on a very limited budget.”

Representative Aaron Regunberg showed up. But even he, when asking various City Hall workers, including the Council President Chief of Staff Cyd McKenna, couldn’t get an adequate answer as to why the meeting suffered a last minute cancellation.

Seth Yurdin Sherrie AndradeCouncillor Seth Yurdin arrived ten minutes before the meeting was due to start. He had received a text ten minutes before arriving telling him the meeting was cancelled. He said he didn’t know why the meeting was cancelled. He had no more insight, it seems, than anyone else.

The people who arrived for the meeting were all prepared to give testimony on the resolution concerning the project at Fields Point, a center of toxic industry located in one of the poorest neighborhoods of color in New England. This was Councillor Seth Yurdin’s second resolution in opposition to the facility, and it was a much stronger statement.

Though Yurdin’s resolution was co-sponsored by half the City Council, passage of the resolution was prevented when Councilors Jo-Ann Ryan and Terrence Hassett flipped their votes.

The resolution was sent to the Ordinance Committee which Hassett chairs. Hassett said at the time that, “I co-sponsored it but a committee review is necessary for a proper vetting and discussion before it is transmitted to the full Council.”

When I asked about why he cancelled the Monday evening meeting that would have allowed for “proper vetting and discussion,” Hassett said, in a written statement:

“The LNG ban, as proposed by Councilman Yurdin, has merit. I co-sponsored it on the floor of the City Council Session.

“However, we have not heard sufficient testimony from the energy developers on the plan itself – the productive results, the environmental impact – what is good versus bad. I’m an environmentally sensitive citizen and public servant, as most of us are. A new and productive proposal, as promised, is certainly worthy of discussion.”

Note that the “energy developers” Hassett is referring to is National Grid, a company that had just as much time and notice to make it to this meeting as the environmental advocates who made the effort to show up for the meeting did. In fact, National Grid has more time, if you take into account the fact that the company employs a full time legal staff.

“My difficulty,” continued Hassett, “is simply approving a resolution banning it until proper testimony is presented. Its akin to a court case. We cannot indict until and unless proper and verified evidence is presented and the jury agrees. Legislative language presents an argument.

“In this case I co-sponsored it on the floor of the City Council. My concern or our general concern is this….we need discussions in an open forum from those proposing the LNG and receive any counter testimony on the plan or proposal.

“Many have advocated transparency in government. I believe in it. It’s how the best decisions are made. So we will carefully review this proposal, a $40 million effort  should it meet our needs, our environmental protections and city economy.

“That’s my assessment based on your inquiry. It will be heard. Just better prepared for our decision makers and the public.”

Many who arrived at the City Hall to find the meeting cancelled are convinced that there were some backroom shenanigans involved. But no proof of these speculations will ever materialize. Instead, the blame for cancelling this meeting rests solely on Hassett and his decision, as he explains above.

I asked Hassett a follow up.

“The meeting was cancelled at 4:30. When meetings are scheduled on Friday afternoon and cancelled moments before they are to start on Monday, many people feel that there are shenanigans going on behind the scenes. At the very least, it shows a lack of concern for those who make the effort to attend. Do you have a comment on this?”

I received no answer.

I’ve experienced something like this before. Back in May 2014 a Providence City Council Ordinance Committee meeting that was to discuss the proposed $15 minimum wage for hotel workers was cancelled at the last minute, leaving dozens of working women in the lurch. At the time I wrote, “Working women secured childcare or brought their kids with them. They skipped meals, skipped overtime and traveled to the City Hall on foot, on buses or in carpools, only to find out that the Ordinance Committee meeting had been abruptly cancelled.”

The cancellation of this meeting allowed the General Assembly the time it needed to include an amendment in the State Budget to prevent municipalities like Providence from setting their own minimum wages, frustrating months of activism on the part of the hotel workers. The chair of the Ordinance Committee then was Seth Yurdin.

Ordinance committee to hear testimony on Fields Point LNG today


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2016-07-13 NoLNGinPVD 003Tonight at 5pm the Providence City Council Ordinance Committee will be considering Councilor Seth Yurdin‘s second, stronger resolution opposing National Grid‘s fracked gas LNG liquefaction facility for Fields Point in the Port of Providence.

The resolution was referred to the Ordinance Committee last week, despite a near majority of City Councilors signing on as co-sponsors. At the time Councilor Jo-Ann Ryan said “I voted to send it to committee to provide an opportunity for community input at an open public meeting of the council. You can and should attend and voice your concerns. And encourage others to attend and participate in the process.

Unfortunately, the meeting was filed on Friday, at 2:48pm, so it did not come to the attention of activists until Sunday afternoon. The timing might dampen “community input” especially given the last minute scrambling ahead of Tuesday’s primary elections.

There will be an opportunity for public comment at this meeting, so feel free to come out and speak your mind about fossil fuels and the future of the world.

Here’s the info:

Providence City Council: Ordinance Committee Hearing
Monday September 12th at 5pm
3rd floor, Providence City Hall (25 Dorrance St.)

And here’s the Facebook event page from NoLNGinPVD

Invenergy requests extension on power plant hearings


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2016-07-26 PUC Burrillville 3033
Alan Shoer, listening

Invenergy‘s attorneys Alan Shoer, Richard Beretta Jr and Nicole Verdi today filed a motion with the Energy Facilities Siting Board (EFSB) for a thirty day extension because they need the time to nail down an alternative water source for their proposed $700 million fracked gas and diesel oil burning power plant.

“The grounds for this request is that Invenergy expects to have an alternative water supply plan for the Project filed with the Board and available for review within the coming weeks,” reads the motion, “Therefore, in order to provide all parties with enough time to review and comment on Invenergy’s alternative water supply plans, Invenergy requests that the EFSB extend the remaining Procedural Schedule deadline thirty (30) days.”

In their original application Invenergy requested “an expedited review of this application and a Final Decision on its approval by no later than September 15, 2016,” adding, “This Facility will be bid into the ISO-NE’s Forward Capacity Auction number 10 (“FCA 10”) in February 2016, and if selected, commercial operation of the Facility will be required by June 1, 2019, with significant financial penalties due if this capacity obligation is not met.”

 

Senator Whitehouse is fighting ‘dark money’ in Washington


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2016-09-06 Dark Money 006Saying that fighting dark money in politics is his “patriotic duty,” Senator Sheldon Whitehouse sat next to Congressmembers David Cicilline and James Langevin in a “roundtable discussion” to highlight his work on the DISCLOSE Act, introduced by the Senator in June, which would “require disclosure of donations greater than $10,000 to organizations spending at least $10,000 in an election.”

“The American people want and deserve accountability in their elections,” said Whitehouse, “Unchecked secret corporate spending has tipped the scales of power away from ordinary Americans and in favor of big special interests. If Congress is going to make meaningful progress in the months and years ahead on important issues that matter to Rhode Islanders like addressing climate change, reforming our broken campaign finance system is the first step.”

Whitehouse’s DISCLOSE Act, which has been supported by Langevin and Cicilline in the U.S. House of Representatives, is part of the “We the People” legislative package to deal with secret corporate political spending, lobbyist influence, the revolving door, and other facets of the campaign finance system. Whitehouse touted the suite of legislation as a solution to the corporate spending blocking meaningful legislative action on issues like ensuring economic security for the middle class and addressing climate change.

It seems that Whitehouse mentioned climate change and chose Save the Bay’s headquarters in Providence as the location of his round table discussion because, as the Senator said in response to Meghan Kallman, chair of the RI Sierra Club, “I think it’s pretty safe to say, that at a national level, the climate battle is the campaign finance battle. They’re totally married together into one thing.”

2016-09-06 Dark Money 003Notably, there were protesters outside Save the Bay holding signs reminding their elected representatives about both Invenergy’s proposed $700 million fracked gas and diesel oil burning power plant and National Grid’s proposed LNG liquefaction facility for Fields Point in the Port of Providence, a stone’s throw away. They were there to remind elected officials that their jobs in Washington do not absolve them from taking positions on local issues. None of the elected leaders in the room, aside from State Senator Juan Pichardo, who has publicly taken a stand against the LNG plant in Providence, have thrown their considerable political weight behind the opposition to these projects.

“This is a national package, [but] many many many issues are local,” said Kallman, “We’re watching Dakota. We’re watching Burrillville. We’re watching Fields Point… We have something of a disconnect between what’s happening on the national level and where the front line battles are being fought.”

2016-09-06 Dark Money 004The influence of corporate spending on elections since the 2010 Citizens United decision by the Supreme Court is a major concern to all who attended the event. Citizens United unleashed a previously restricted torrent of special interest money into the political system.  More than $1.5 billion in unlimited contributions, including more than $500 million in secret contributions, have been poured into federal elections since the decision was issued.

“It didn’t take long after Citizens United for secret money has find its way to the shores of Rhode Island,” said John Marion, Executive Director of Common Cause Rhode Island. “We know that Rhode Islanders don’t want unlimited undisclosed money in our elections. We are fortunate to have a congressional delegation that has taken this issue seriously and has offered real solutions for the problems posed by big money in our politics.”

“Senator Whitehouse is a national leader fighting to make our elections and government work for everyday people again through the We the People Act,” said Aquene Freechild, campaign co-director of Public Citizen‘s Democracy Is For People Campaign. “He’s pushing the current congressional majority to snap out of their campaign cash-induced paralysis and stand up to the tiny but influential donor class: by overturning Citizens United, disclosing all spending in elections, and slamming shut the revolving door that transforms public servants into corporate shills.”

Also in attendance at the roundtable discussion were RI Secretary of State Nellie Gorbea, RI State Representative Art Handy, state director of Clean Water Action Jonathan Berard, Save the Bay’s Topher Hamblett and Dean Michael J. Yelnosky of the Roger Williams University School of Law. You can watch the rest of the video from the event below.

2016-09-06 Dark Money 0052016-09-06 Dark Money 001

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PVD City Council fails to pass 2nd resolution opposing LNG


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20160901_192938
Seth Yurdin, standing

Providence City Councillor Seth Yurdin introduced a resolution Thursday evening that would strengthen the City Council’s opposition to National Grid’s proposed Fields Point liquefaction facility. Immediately after introducing his resolution Councillor Sam Zurier rose to co-sponsor, as did councilors David Salvatore, Carmen Castillo, Wilbur Jennings, Jo-Ann Ryan and Terrence Hassett.

Noting that it seemed as if a majority of the council was co-sponsoring the resolution, Yurdin moved that the resolution be voted on immediately. This caused councilors Jo-Ann Ryan and Terrence Hassett to suddenly flip their support. Yurdin’s move for passage failed, and the resolution was passed onto the Ordinances committee.

Reached for comment, Hassett wrote, “I voted no to have an immediate passage on the floor without a Council committee review. I co-sponsored it but a committee review is necessary for a proper vetting and discussion before it is transmitted to the full Council.”

Ryan wrote, “I requested to be a sponsor of the resolution last night. It was sent to ordinance committee by a majority vote. I voted to send it to committee to provide an opportunity for community input at an open public meeting of the council. You can and should attend and voice your concerns. And encourage others to attend and participate in the process.

There are no ordinance committee hearings on the current schedule. Hassett is the chair of ordinance and Ryan is a member of the committee.

National Grid wants to expand its LNG footprint in the Port of Providence with the new liquefaction plant. Environmental groups such as the RI Sierra Club and the Environmental Justice League of RI oppose the plan. Curiously, Save the Bay, whose offices are not too far from the proposed site, have not come out against it.

Mayor Jorge Elorza and a large group of state level Providence legislators have recently publicly come out in opposition to the project.

The City Council unanimously approved Yurdin’s previous resolution opposing the site in March. That resolution called for public meetings to be scheduled to address environmental and health concerns of the project. “Unfortunately,” said Yurdin, here we are in the Summer and no such meetings have been held… This resolution is stronger than the previous resolution.”

The previous resolution called for studies and review. The new resolution is a call to strong action.

The new resolution says, in part, “That the City shall take all necessary actions to oppose the proposed Fields Point liquefaction facility, including ceasing to act as a cooperating agency with the Federal Energy Regulatory Commission, and shall not grant any tax stabilizations, subsidies, or any other forms of support to the project.”

 

Whitehouse not the climate champion Burrillville needs


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2016-02-01 FANG Whitehouse PVD City Hall 09
Senator Sheldon Whitehouse

United States Senator Sheldon Whitehouse has a national, and even international, reputation as a climate champion, noted Rhode Island Senate President M Teresa Paiva-Weed as she introduced him to to the nearly 150 people gathered in Newport for a community dinner and Q&A. Paiva-Weed talked up Whitehouse’s concern for his constituents, saying, “Someone like Sheldon makes it a point to be home and to have a focus on the issues at home.”

But to the residents of Burrillville who drove for over an hour through rush hour traffic to attend the dinner, Whitehouse hardly seems focused on “the issues at home” and in fact, his own words belie that. His international reputation as an environmental champion is of small comfort to the townspeople fighting Invenergy’s $700 million fracked gas and diesel oil burning power plant.

Whitehouse touted his environmental concerns in his opening remarks, saying, “The good news is that… the [climate] denial operation really is collapsing. You can feel it visibly. We’re at the stage where the CEO of Exxon has had to admit, ‘Okay, climate change is real, and we’re doing it and we want to get something done.’”

Climate change, says Whitehouse, “is going to hit home for Rhode Island in a really big way and I want to make sure that I’ve done everything that I possibly can to make sure that we are as prepared for it as we can be in the Ocean State.”

Richard Dionne, vice president of the Burrillville Conservation Commission was called on by Whitehouse to ask the first question.

“When discussing the most influential senators from Rhode Island on environmental quality issues, your name is often brought up in the same sentence as our former Senator John H Chafee,” said Dione, “Not bad company to be in if I do say so myself.”

“Really good company,” agreed Whitehouse.

Dione continued, “However, our Senator Chafee would be rolling over in his grave if he knew that a 900 megawatt fracked gas power plant being proposed by Governor Raimondo was to be sited smack dab in the middle of the John H Chafee Heritage Corridor in the northwest corner of Rhode Island, on the shared border with neighboring states Connecticut and Massachusetts.

“This area has been recently designated as part of the National Park Service. The approximately 13,000 acres of protected forests, recreational areas, wetlands and conservation areas is absolutely the most inappropriate area for this type of project.

“Every environmental organization in the state of Rhode Island has come out against the project,” continued Dione, “including the Environmental Council of Rhode Island, the Audubon Society, the Nature Conservancy, Blackstone Heritage Corridor, the list goes on and on, I have a list right here…”

“I know the list,” said Whitehouse.

“At many of the public hearings I attend, invariably the question gets posed to me, ‘Where is our environmental Senator on this issue and what is he doing for his constituents in Burrillville?’ A town which, by the way, has supported your election in 2006 and 2012.

“So my question is Senator Whitehouse,” said Dione, winding up, “What answer can I bring back to the people of Burrillville, and can you commit this evening to opposing this power plant?”

“The short answer is,” said Whitehouse after a short pause, “There is a process…”

“Here we go,” said a woman at my table with open disdain.

If there was a wrong answer to give, this was it. Everyone who attended Governor Gina Raimondo’s appearance at the Burrillville High School has heard this answer before. No one takes “trust the process” seriously. It’s political dodge ball.

Conservation Law Foundation (CLF) attorney Jerry Elmer has spoken eloquently about the process. “Remember that the reason – the raison d’etre – that the General Assembly created the EFSB (Energy Facility Siting Board) was precisely to take these energy siting decisions away from the Town Councils and town planning boards,” wrote Elmer.

RI Senator Victoria Lederberg, who got the EFSB legislation through the General Assembly 30 years ago, called the siting board concept “one-stop shopping” for power plant developers. Climate change, environmental concerns and the health and safety of residents didn’t seem to be high on the General Assembly’s priorities when the EFSB was formed.

The process renders the opinion of ordinary townsfolk essentially meaningless, said Burrillville Planning Board attorney Michael McElroy. “The EFSB can take [our opinion], they can take it in part, or they can reject it.”

“There is a process,” said Whitehouse, “taking place for [the power plant] through the state Energy Facility Siting Board. They take sworn testimony, as I think you know. There are a whole bunch of local environmental groups that are intervened into that proceeding. The Conservation Law Foundation has come down from Boston to intervene in that proceeding. They have witnesses.”

Senator Whitehouse is incorrect here. The only environmental group certified as an intervenor in the EFSB proceedings is the CLF. The Burrillville Land Trust, Fighting Against Natural Gas (FANG), Burrillville Against Spectra Expansion (BASE) and Fossil Free Rhode Island were denied intervenor status, as it was felt that their interests would be seen to by the CLF.

“It’s essentially an administrative trial that is taking place,” continued Whitehouse, “I have confidence in that process. I have confidence in Janet Coit at DEM (Department of Environmental Management) who by virtue of being the DEM director is on the Energy Facility Siting Board. I have confidence in Meg Curran, chairman of the Public Utilities Commission (PUC) who by virtue of being chairman chairs that Siting Board, and there’s going to be somebody from the Department of Administration…”

Associate Director of the Division of Planning, Parag Agrawal, is the third member of the EFSB.

“It’s a process I’ve worked with from my earliest days,” said Whitehouse, “when I first came as a young lawyer to Rhode Island I worked in the Attorney General’s office and I practiced representing the people before the Public Utilities Commission.

“So I have confidence in the process.

“Congratulations,” added Whithouse, “The opposition to Invenergy, I think, has won every round. Burrillville said ’No’ on planning, Burrillville said ‘No’ on zoning, the water board said ‘No’ on water, so I think you’re, yeah, it’s a process and I know it would be easier to just yell about it but it’s a process that I think is honorable and will come to the right result.

“So I want to focus my efforts on where it will make the biggest difference. I know we’ve had some conversation, repeatedly, but I still am of the view that, with the force and strength that I have available to me, I want to apply every bit of that force and strength to the battle in Washington, which if we win it, will be immensely significant, not just to Burrillville but to all of Rhode Island and to the country and the world.

“So, sorry that I don’t have more to give than that, but I do think that I give pretty well at the office with what I do on this issue. Thank you for bringing it up though, I appreciate it.”

Burrillville resident Lynn Clark was called on to ask the next question. This seemed like a coincidence, but in fact, half the questions asked concerned the power plant in Burrillville, in one way or another.

Clark rose and with only the slightest hint of nervousness in her voice, said, “My name is Lynn and I come from the northwest corner of the state of Rhode Island. It has been my home all my life. I applaud you and I love the work you’re doing on the environmental front.

“In Burrillville, our little town has come together and we have come out strong against this giant plan. We have a lot of environmental groups [on our side], 23 currently, and we are working hard.

“I wish I could say that I am as confident in this process as you are, sir. It has been a scary process. We have been consumed by this process. I have been at every meeting, for hours, two or three meetings per week. Sir, this is a scary, scary process.

“We need a champion in Burrillville and we are asking you to please come see us. Please, come talk to us. If this Invenergy [power plant] gets built, the detriments to our little state will be just horrifying.”

Clark’s appeal to Whitehouse was raw and emotional. It’s the kind of speech people give in movies to roust tired champions into battle one final time.

But this wasn’t a movie and Whitehouse wasn’t willing to be the hero.

“I hear you,” said Whitehouse, once again echoing words Governor Raimondo used in Burrillville when she visited, “I can’t add much to what I’ve said to Richard. Thank you for taking the trouble to come down and share your passion.

Eagle Scout James Lawless with Whitehouse
Eagle Scout James Lawless with Whitehouse

“It is the National Heritage Corridor,” said Clark, not giving up, “We also have a boy scout camp up there, camp grounds… Have you been up to Burrillville?”

“Oh yeah,” said Whitehouse.

“Okay,” said Clark, “I hope you come visit us soon, sir. Thank you.”

Other questions came and went. Whitehouse was asked about the Supreme Court vacancy, grid security and the opioid epidemic. When Newport resident Claudia Gorman asked Whitehouse  about the Federal Energy Regulatory Commission (FERC), he admitted that on the federal level, at least, he isn’t as certain about the integrity of the process.

“There have been several problems, at the federal level, with the approvals,” said Whitehouse, “They haven’t baked into their decision making what is called the social cost of carbon.” Whitehouse added that we don’t take seriously the problem of methane gas leaks, and that he held the first hearings on the issue of gas leaks and that we still don’t know the full extent of that particular problem…

The last question of the evening came from Cranston resident Rhoda Northrup. She rose as Whitehouse tried to bring the discussion to an end, and would not allow the dinner to end without asking her question.

“I do not live in Burrillville I live in Cranston,” said Northrup, “and what’s going on in Burrillville should not be completely on their backs. This is a global issue for all of us and if that power plant comes to our state of Rhode Island, it will set us back forty years. We will be committed for another forty years to a fossil fuel.

“That’s wrong.

“We need to move forward with wind and solar. And with all of that said, I would like to ask the senator if he has an opinion. With everything that’s been said tonight, ‘Do you have an opinion?’

“I know it’s a process,” said Northrup, “but that’s not an answer. Everybody’s telling us it’s a process. We know that. We’re walking the process. But we’re asking our leaders if they have an opinion. You must have an opinion.”

There was a short pause before Whitehouse answered.

“My opinion is that we must get off fossil fuels,” said Whitehouse.

“Thank you for that,” said Northrup.

But Whitehouse was’t finished. Lest anyone believe that by that statement Whitehouse was taking a stance against the power plant in Burrillville and matching action to his words, Whitehouse switched to his familiar political talking points.

“My opinion is that the best way to do that,” continued Whitehouse, “is to balance the pricing of fossil fuels, so that they are treated fairly in the marketplace. Right now they have a huge, unfair advantage because they don’t have to pay for the cost of the harm that they cause…”

Burrillville Zoning Board votes ‘No’ on Invenergy


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Ray Cloutier
Ray Cloutier

Ray Cloutier, chair of the Burrillville Zoning Board, ripped Invenergy‘s plans for a $700 million fracked gas and diesel oil burning power plant to shreds Tuesday evening as he lead the board in a unanimous decision to reject the company’s application in their advisory opinion to the Energy Facilities Siting Board (EFSB). Cloutier called Invenergy’s plans to use “up to a million gallons of water” per day “totally irresponsible” saying that future growth and development in the town would be curtailed. “That’s totally irresponsible,” he said.

Elizabeth Noonan
Elizabeth Noonan

The Burrillville Zoning Board has been tasked by the EFSB to deliver an advisory opinion. The Zoning Board based much of their decision on the work done by the Burrillville Planning Board. The EFSB can give the advisory opinion as much or as little weight as they choose. They can adopt the opinion in whole or in part, modify the opinion or simply ignore it.

But the opinion, based on strong research and hours upon hours of expert and community testimony, should not be considered lightly. Cloutier maintained that Invenergy has avoided providing the board with requested answers.

“Due to… a lack of concrete information, we, the board, have asked in several different ways, several different times,  for concrete information from this company, and they’ve either ignored our questions, or evaded them, or answered in a very vague manner,” said Cloutier, “We’ve gotten no definite answers, as far as I can tell, on anything.

“We have no plans. Nothing that we can read.”

One big stumbling block is the water. Cloutier said:

The big question, and we’ve asked this over and over again, available water supply. There is no water supply. As a matter of fact, they’ve been denied any water from anybody in this town. And if they were to attempt to drill a well, and draw from the ground water, it would seriously deplete the aquifer in the whole town.

“It would stop any further development. It would cripple the town from developing anything further after this. There’s no guarantee that there’s enough water for [Invenergy]. I’ve heard that there’s up to a million gallons of water  per day demand at times for this plant. That’s totally irresponsible.

“This town would be facing a public water moratorium on future village growth if this is approved. It’s unbelievable that we’d consider that.”

The meeting started off contentiously. Burrillville residents, worried about the outcome of the opinion, quickly hijacked the meeting, demanding the opportunity to speak publicly. Cloutier appeared frustrated at times and admonished the crowd to be respectful. But in the end Cloutier thanked residents for their patience during the difficult process.

Invenergy’s lawyer Elizabeth Noonan actually lost her cool as members of the audience interrupted her, saying, “People, really, I’m trying to address the board member, could you give me a- little quiet?” One woman in the audience shouted, “No!” Noonan countered, “I don’t speak when you speak.” She then gave up trying to speak and put down her microphone.

With the decision of the Burrillville Zoning Board made, this part of the EFSB process has come to a close. The EFSB is still waiting on final advisory opinions from the Department of Health and the Department of Environmental Management.

Here’s Stephanie Sloman‘s testimony on low octave noise, which Cloutier found very compelling:

Here’s the full meeting:

 

EFSB established as ‘one-stop shopping’ for power companies


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Ocean State Power Plant
Ocean State Power Plant

On the day the Rhode Island Senate Finance committee passed the legislation that would establish the Energy Facilities Siting Board (EFSB), Robert L Bendick Jr, the director of the RI Department of Environmental Management (DEM) asked, “I just wonder what’s going on here. What’s the driving force behind this?” [Providence Journal, April 11, 1986; pg A-15]

The question Bendick asked on April 9, 1986 strongly resonates today. Jerry Elmer, of the Conservation Law Foundation, said the EFSB “was designed to take the power to stop a proposal like Invenergy’s out of the hands of the local people… and put it into the hands of the EFSB.”

Governor Gina Raimondo refers to EFSB decision making as “the process” and asks us all to trust in it, but how are we to trust if we can’t tell if the intent of the process is to serve Rhode Islanders or to serve the energy industry?

What is going on here? Here’s some historical context.

Back in 1986, Ward Pimley, writing for the ProJo, wrote, “Sen. Victoria Lederberg, D-Providence, the sponsor, said the [EFSB] bill streamlines the approval process required for obtaining licenses to build major energy facilities for generation of electricity, treatment of liquefied natural gas, oil refineries and the like…”

2003_Lederberg
Victoria Lederberg

Victoria Lederberg was an impressive woman and public servant. A judge, she “served as state representative from 1975-1983 ,representing the East Side of Providence, and state senator from 1985-1991… Lederberg was a trailblazer, becoming the first woman of Italian heritage to serve in the Rhode Island legislature.”

Pimley continues, “In previous testimony, Lederberg called the siting board concept ‘one-stop shopping,’ where interested developers could learn what they must do to obtain licenses and fulfill obligations to build. She said it removes jurisdictional overlapping among regulatory agencies.

“She said the bill recognizes the state’s need for ‘reasonably priced, reliable sources of energy’ and balances that with issues affecting public health and environmental impact.”

Nine years earlier, in his January 1977 inaugural address, Governor J Joseph Garahy outlined his ideas for the state’s energy objectives. Siting of energy projects heretofore had been haphazard, and based solely on the whims of industry. Garahy had a vision “to site energy facilities in light of state plans, rather than private industry decisions.” He was governor of a Rhode Island that was suffering from environmental mismanagement, and the new governor was hoping for a different approach. The EFSB, at its best, would be a realization of Garahy’s vision, but in an effort to please industry rather than regulate it, Garahy’s vision may have been compromised.

Public Utilities Commission] Chairman Edward F Burke, Pimley wrote, “testified earlier that the legislation is important because there are eight or nine potential applications for energy-generating facilities that could be built in some other state unless the licensing procedure were streamlined.

“He cited a $300-million facility proposed for Burrillville that should provide electricity by 1989 on property owned by Narragansett Electric as an example of the type of facility that can be built.”

This $300-million facility is the Ocean State Power plant, which currently uses 4 million gallons of water a day to cool its turbines.

Recognizing that the EFSB would allow industry to override the environmental concerns of the state, Sen. William C. O’Neill, today more famous as a South County bike path than a Democratic senator from Narragansett, objected. Here’s Pimley’s play-by-play of what he called a ‘hot debate’:

“You feel DEM is an obstacle,” O’Neill said. “You removed that obstacle, and you know it.”

“You’re absolutely incorrect,” Lederberg shot back.

“I’m concerned that you’re allowing other agencies to override DEM,” O’Neill said.

“I totally disagree,” Lederberg said. “This shares decision-making. DEM has an important role. That’s why we’ve made them one of the board members. It does not weaken the permit-granting power by DEM.”

Lederberg said DEM does not have veto authority to stop any project it wants, but it still is involved in the planning process.

Then Sen. David R. Carlin Jr, D-Newport, said the siting board can overrule decisions of other agencies.

“It seems it’s clearly overriding DEM,” he said.

O’Neill, seeing DEM Director Robert L Bendick Jr watching the proceedings, said he would vote for the bill if Bendick agreed that DEM’s interests would not be jeopardized by it, but committee chairman Donald R. Hickey, D-Providence, called for a vote.

“The bill was approved, 8 to 4.”

This is what prompted Bendick to ask, “What’s going on here?” adding, “If what they’re doing is overriding the department’s authority, I’m opposed to it.”

Months earlier, in an editorial, the ProJo had endorsed Lederberg’s proposal writing, “As a House member in 1979, Mrs. Lederberg sponsored a similar bill that died in the Senate. Former Gov. J. Joseph Garrahy, who supported the bill, issued an executive order embodying many of its details, but that wasn’t an adequate substitute for statutory enactment…

“Mrs. Lederberg says energy installations must be reviewed in terms of regional need and cost-effectiveness, not on the basis that Rhode Island must be totally self-sufficient in energy.” [Providence Journal February 17, 1986; page A-10] Note that Lederberg is not quoted as mentioning, and that the ProJo editorial seems uninterested in, environmental issues.

Pimley noted that the bill, as originally introduced by Lederberg, allowed the General Assembly to override an EFSB decision, but that provision was removed before passage because “it was no longer needed.”

Pimley also noted that “support for the legislation came from the Governor’s Office of Energy Assistance, the PUC and Narragansett Electric Co.”

Narragansett Electric is today a wholly owned sub-entity of National Grid.

Of special concern to all involved with the establishment of the EFSB was a proposal “to build twin natural-gas-fired plants in Burrillville. According to a plan disclosed Tuesday, the plants would be supplied by a new, 25-mile gas pipeline that would run from Sutton, Mass., to the Burrillville site and on to Cranston.” [Providence Journal, February 13, 1986; page A-14]

The very first application the EFSB took up was the Ocean State Power Plant in Burrillville.

Environmentalists hail Elorza’s stance on LNG


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2016-07-21 Toxic Tour 013The Environmental Justice League of Rhode Island (EJLRI) “is thrilled that Mayor Jorge Elorza listened to the community and is taking a strong stand against fracking, climate change, and LNG production in Providence.”

The EJLRI statement comes in response to Elorza’s announcement that he opposes National Grid‘s proposed LNG liquefaction facility to be located at Fields Point in the Port of Providence.

State Representative Aaron Regunberg, who represents the 4th district in Providence, also hailed the mayor’s announcement. “I am so glad the mayor has joined our opposition to this terrible proposal. It shows the LNG facility is not a done deal. This is a fight we can win, and so it is a fight we must win. Now it’s time for our federal delegation, who I know are all committed to fighting climate change, to put that commitment into practice here in Providence and join our push for #NoLNGinPVD!”

EJLRI echoed Regunberg’s call for more state elected officials to join them in the fight against expanding LNG infrastructure in Rhode Island. “We are very thankful for the support and climate leadership from our mayor and state legislators, and we now call on our federal congressional delegation and Governor Gina Raimondo to join us and stop National Grid’s plans to liquefy and export fracked gas from Providence.”

Monica Huertas, a leader in the #NoLNGinPVD campaign, responded to the news from the mayor’s office by saying “As a resident of the Washington Park neighborhood, I am so thankful for Mayor Elorza to have so willingly come out against ‘LNG.’ We can make a difference in the smallest state and as residents of the capital city we can take the lead on dismantling the old ways of doing things.  This shows that he is on the right side of history. After we have won the battle for clean energy, we can look back at this key moment in Providence and be proud that we fought together.”

Meghan Kallman, Chair of the RI Sierra Club said, “The Sierra Club is pleased with Mayor Elorza’s statement of opposition to the proposed LNG facility in Providence. Climate change is one of the gravest threats that our community faces. Infrastructure such as this liquefaction plant, that locks us into further consumption of fossil fuels, is a bad choice for our future. Further, its proposed location would imperil some of the most vulnerable residents of Providence. We are pleased that Mayor Elorza has listened to the concerns of the community and is opposing this wrongheaded proposal.”

“We have to move to renewable energy,” said Sam Bell, executive director of the Rhode Island Progressive Democrats (RIPDA). “Certain machine politicians may not believe we need to act to stop climate change, but our state cannot afford not to act. Elorza giving in to the people of Providence and supporting the NO LNG in PVD movement is a big win.”

The EJLRI statement concludes, “The decision to approve or reject National Grid’s proposal is still under fast-track review and likely approval in the Washington DC offices of FERC, the Federal Energy Regulatory Commission.  Governor Raimondo, Senator Sheldon Whitehouse, Congressman David Cicilline, and other elected officials need to join their colleagues in Providence and make it clear that there can be no more dangerous fracked gas expansion projects in Providence, or anywhere in the state.  We stand by no fracked gas LNG in Providence, no fracked gas power plant in Burrillville, and no fracked gas Access Northeast expansion of the pipeline, compressor station, and additional LNG production.

“Rhode Island is making international news as a climate change leader, and we need to be clear that real climate leaders reject fracking and support a rapid and Just Transition to a sustainable future that centers the needs of workers and frontline communities.”

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Elorza opposes proposed PVD LNG facility


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2015-11-30-World-AIDS-Day-006-Jorge-Elorza-600x507 (1)Providence doesn’t need or want an LNG facility, said Mayor Jorge Elorza on Thursday.

“With all the information that I have seen on this matter, a liquefied natural gas plant is clearly not in the best interest of the city and I do not want to see the project move forward,” said the first term mayor of the capital city in a prepared statement. “Providence has the opportunity and moral obligation to be leaders in clean, renewable energy and that is the direction our city should move in.”

His statement comes as National Grid explores utilizing an existing LNG storage tank near the Providence waterfront.

“The proposed plant would process liquid natural gas that is extracted through hydraulic fracking, which is devastating to the environment and the surrounding communities,” said Elorza. “Providence does not want to perpetuate or expand fracking, nor do we want to be burdened by the risks associated with a liquefaction plant in Providence.

He added, “There are clear energy policy and market signals at the local, national, and international level telling us that we should be investing in renewable and clean energy. Our future is in projects like Deepwater Wind and investing in clean heating sources like geothermal and electric heat pumps, not more fossils fuels.”

Previously, the Elorza Administration has said National Grid would get no city subsidies for its proposed LNG facility at the Providence waterfront. “Ultimately, the decision on the LNG plant will be up to the federal government, however the City will provide no subsidies if the project moves forward,” said Emily Cowell, a spokeswoman for Elorza.

The Rhode Island Chapter of the Sierra Club then challenged Elorza to make a stronger stand against LNG. “While Elorza is correct in saying the decision will ultimately be made by FERC, we would argue his assertion, ‘the city will have little input into that decision’ is false. The mayor can’t abdicate his responsibility on this. Local officials can be hugely influential on Federal decisions,” the group said in a statement.

Previously, nine Providence legislators took a strong stand against the proposed LNG facility.

‘Essentially our advisory opinion means nothing’


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ProcessThe Burrillville Planning Board meeting, held on Monday evening, was a confusing muddle that revealed the structural weaknesses of the “process” that Governor Gina Raimondo implored the people of Burrillville to trust in.

The board was meeting to vote to approve the final version of its required advisory opinion to the EFSB (Energy Facilities Siting Board) concerning Invenergy’s $700 million fracked gas and diesel oil burning power plant, a scheme that is wildly unpopular with Burrillville residents.

The powerlessness of a small, town appointed board in the face of a multi-billion dollar company with state government support was aptly demonstrated when board chair Jeffrey Partington lamented that “one of the weaknesses of this entire [process] is that we haven’t seen plans” from Invenergy.

The “process” is designed so that a town planning board has to decide to endorse or oppose a plan that will have enormous impact on the town, without seeing the actual plans.

This is by intent.

Conservation Law Foundation attorney Jerry Elmer has pointed out that the process “was designed to take the power to stop a proposal like Invenergy’s out of the hands of the local people… and put it into the hands of the EFSB.”

Hours of meetings and endless discussions have consumed the board’s time and the energy and efforts of local townsfolk.  Yet the board’s own attorney, Michael McElroy, succinctly summed it up when he said, “Essentially our advisory opinion means nothing. It’s simply an advisory opinion. The EFSB can take it, they can take it in part, or they can reject it.”

At this meeting we learned that though Invenergy is confident that they can design the power plant to meet the noise ordinances set by the town, they have no intention of posting a bond to insure that this goal is met. An expert hired by the town has said that though he has never seen a power plant meet noise requirements so low and that such a thing has never been done, he believes it might be possible.

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

Later in the same meeting 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.

Maybe this is why Invenergy won’t post a bond: What bonding company wants to insure a project that may well prove to be impossible? Not agreeing to post a bond may also be a legal strategy. The EFSB, when they decide on the final terms of the deal, might include a bonding that Invenergy agreed to, but more likely the EFSB will simply give Invenergy a waiver on the noise level, allowing the company to disregard Burrillville’s ordinance, without bringing up the bonding issue at all.

Why post a bond to meet a requirement you intend to have waived?

So all the sturm und drang over low octave vs. decibel limits on noise may well be for naught. “Essentially our advisory opinion means nothing,” said McElroy.

Here in Rhode Island we call that, “the process.”

Here’s the full video of the Burrillville Planning Board meeting.

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Stopping fracked gas boondoggle is good for business


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Raimondo in Burrillville 063Governor Raimondo has a dilemma. She has to accept and spin the demise of the Clear River Energy fracked gas power plant. She has to find a way to preserve her fiction of the efforts to create a better “business climate” while allowing the demise of a plant that the community fought tooth and nail, that made no sense economically or environmentally, violated and overwhelmed all the good we are doing to stop climate change.

Her problem is compounded by the keystone cops way in which Invenergy went about the project with applications filled with information about projects that were not being proposed, and almost none on what was actually on the table. If she blames the people for stopping a bad project she gets real political heat and encourages challenges to her reign from the left. If she blames the regulatory apparatus for rejecting an amateurish proposal that did not meet the letter or the spirit of Rhode Island and Federal clean air and climate actions and legislation, she throws her own efforts at being business friendly under the bus.

Nope, she has to say the system worked. That the project is not appropriate for Rhode Island and its high standard and concern for the quality of life of its community.

She has a great comparison to use. Deepwater Wind. Deepwater Wind went above and beyond in meeting environmental standards and in producing quality work from day one to completion. Rest assured that if Invenergy was something other than a keystone cops outfit, and produced a good application that really demonstrated their concern for doing it right, we still would have rejected a fracked gas plant that would prevent us from meeting any of our climate goals. But in this case Governor Raimondo would score points with the public and reduce the fallout from the stopping of some big deal project, by emphasizing both climate issues and the incompetence of Invenergy.

The governor also has to gain much more acceptance of democracy. Trying to shove projects like this down the throats of communities does not work any longer. The governor ought to embrace the wisdom of the people who have prevented boondoggles foisted upon us by the ruling elites in the past. She might want to get her speechwriters working now so that she can strike the right tone when the inevitable crumbling of the Clear River project occurs. And she might want to clearly articulate that gas is not the answer and that only by going completely clean energy can RI prosper in the future so this kind of living in the past proposal will not get her approval again.

Vote Green in 2016.


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