The Elorza challenge: PVD needs bike lanes


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Mayor Jorge Elorza bikes to work everyday, and takes part in frequent night rides with community members. By all accounts the mayor is supportive of bicycling. However, Providence has made next to no progress on bike infrastructure during the two years the mayor has been in office. This needs to change.

Providence has seen the mayor step up on some issues, and his vocal leadership has had an effect. Just recently, Mayor Elorza spoke eloquently to the harm of liquefied natural gas (LNG) power plants, a move which put him in direct contradiction with Governor Raimondo. This move came after the Sierra Club of Rhode Island challenged the mayor to speak up clearly on the issue. I am making the same request.

Where is the bike infrastructure, Mayor Elorza?

We cannot expect mass cycling to take root in Rhode Island without our core cities establishing bike routes that are suitable for eight year olds, 80 year olds, and everyone in between. If we’re going to provide routes that are safe for people in wheelchairs and rascals, we need bike routes, like what the Dutch and Danish have. Doing this can help us make more efficient use of our school bus funding, our sidewalk fundingour parking, and improve business outcomes for small business.

The mayor’s principle bike advancement– requiring that city street projects go through the Bike & Pedestrian Advisory Commission before being completed– is a good step in the right direction, but much less of a game-changer than a commitment to large-scale infrastructure change.

The mayor has pushed some reform. The city’s Bicycle and Pedestrian Advisory Commission currently receives advanced notice of city street projects, and its review of those projects has brought piecemeal changes to sections of street as they’re repaved. Many project reviews include only tiny sections of street, and nothing has yet been accomplished beyond paint, either through door-zone bike lanes, or even worse, sharrows. But this is not enough. To be frank, if Providence is not going to become a charming patch of shallow ocean in the next century, we need concerted action now.

What do community members demand? 

A demand is a challenge that comes as an honor only to those politicians who warrant it. Mayor Elorza has objectively not accomplished what needs to be accomplished in his first years of office, however, he has demonstrated himself to be someone who, with pressure, might accomplish those goals. Be honored, Mayor Elorza. You’re being called to the challenge.

The mayor must work to design a full network of protected bike lanes on the major arterials of the city. A starting point for this would be 50 miles of infrastructure, which we estimate would take only 3% of on-street parking to achieve.

The mayor must also work to create “bike boulevards”- routes that are low-traffic and low-speed, off of the major arterials. These are not substitutes for protected bike lanes, which are needed to reach jobs and shopping opportunities in commercial areas, but they are majorly important improvements to help make our neighborhoods safer for school children.

The mayor’s office has been supportive of remaking the 6/10 Connector as a boulevard, but as yet has not sought public conflict with RIDOT and the governor’s office about their intransigence to community needs. We need the mayor to pick this fight, in a direct way, just as he did on LNG. It’s understandable that the mayor wishes to advocate behind the scenes, but what will bring life to this issue is a top official speaking openly about the poor priorities RIDOT is putting forward. Without that, the 6/10 Connector continues to take a back-burner position in the news cycle. Speak up, mayor! Put the state government on notice!

These projects must be funded. The city’s $40 million bond includes transportation and non-transportation priorities, but among transportation priorities only 17% of funding is going to non-car priorities, mainly sidewalks. The city must spend in proportion to its population of non-car owners (22%), and it must make good use of those funds to make sure that biking is considered a high priority.

We’ve seen you act before, mayor. We have faith in you. Step it up! We need you to take action. The bike rides aren’t enough. We’re here to vote for you and to back you up when you are ready to do this.

It’s time.

~~~~

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.

CLF moves to finish off pipeline tariff


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National Grid LogoIn response to the Massachusetts Supreme Judicial Court’s decision against National Grid’s plan to charge consumers to underwrite and guarantee profits for its proposed ANE pipeline, the Conservation Law Foundation (CLF) has moved to close the Docket on a similar proposal here in Rhode Island.

Closing the docket would essentially end National Grid’s plan. According to the motion, National Grid provided testimony in the Massachusetts case claiming that “the fate of the ANE Project is dependent on approvals of full cost-recovery in other New England states—especially Massachusetts, which National Grid assumed would provide a substantial portion of the financing for the proposed project.”

As National Grid further states, “If there is any possibility of less than full cost recovery over the entire term of the contracts, the Proposed Agreement has a negative expected value for the Company’s investors…” National Grid wants to place the risks of this investment on ratepayers, not its investors.

The motion to dismiss, filed by CLF attorneys Jerry Elmer, Megan Herzog and Max Greene, supplies several reasons supporting the contention that Docket 4627 needs to be closed in light of the Massachusetts decision.

The first reason is that the project cannot proceed without Massachusetts. “Massachusetts was to receive the lion’s share—more than 43 percent—of the Access Northeast project’s gas capacity,” says the motion to dismiss, “In effect, Massachusetts’ non-participation cripples the project.”

Even if National Grid decides to proceed with the motion, by deciding to actually assume the financial risks, says the CLF, that isn’t the plan as proposed in Docket 4627. The scheme, says the CLF, “is so substantially altered by [the Massachusetts opinion] that the Petition, as filed, fails to represent fairly the costs and benefits of the ANE Project.”

Without the State of Massachusetts buying in, “The resulting proposition is an entirely new, and raw, deal for Rhode Island. In effect, National Grid is now asking Rhode Island ratepayers to subsidize a project that it alleges will benefit all of New England; yet a substantial share of New England ratepayers—including millions of ratepayers in Massachusetts—will be insulated from bearing a proportional share of the risks of this experimental and uncertain scheme.”

Also, even though the Massachusetts decision was based on Massachusetts state law and has no direct legal bearing on Rhode Island, “the reasoning underlying the Massachusetts Supreme Judicial Court’s decision… applies with equal force here.”

Rhode Island has laws similar to those in Massachusetts regarding “the core principles of electricity market restructuring,” says the CLF, and approving National Grid’s plan “would undermine the main objectives of the [restructuring] act and re-expose ratepayers to the types of financial risks from which the Legislature sought to protect them.”

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Sierra Club endorses 17 candidates for legislature


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RI Sierra Club Logo QuahogThe RI Chapter of the Sierra Club has endorsed 17 legislative candidates – 12 running for a seat in the House of Representatives and 5 running for Senate seats.

“Our political committee based these decisions on a shared questionnaire with Clean Water Action, sent to every candidate, that focused heavily on what the two groups see as the top challenges and goals of the upcoming legislative season,” according to a news release from the Sierra Club. “The candidates below are the ones the Sierra Club believes are both willing and capable of creating a truly resilient, renewable and environmentally responsible Rhode Island.”

The Sierra Club said it will be “adding more endorsements in the days to come for those unopposed or facing/ posing a November challenge. The below list of endorsements is specifically focused on the candidates involved in races we have determined to be key primaries.”

Representative in General Assembly
Moira Walsh, District 3  – Providence
Marcia Ranglin-Vassell, District 5  – Providence
Grace Diaz, District 11 – Providence
Lisa Scorpio, District 13 – Johnston/Providence
Nicholas Delmenico, District 27 – Coventry/Warwick/West Warwick
Teresa Tanzi, District 34 – Narragansett/South Kingstown
Kathleen Fogarty, District 35 – South Kingstown
William Deware, District 54 – North Providence
David Norton, District 60 – Pawtucket
Jason Knight, District 67 – Barrington/Warren
Susan Donovan, District 69 – Bristol/Portsmouth
Linda Finn, District 72 – Middletown/Newport/Portsmouth

Senator in General Assembly
Doris De Los Santos, District 7 – Providence/North Providence
Matt Fecteau, District 8 – Pawtucket
Daniel Issa, District 16 – Central Falls/Pawtucket
Dennis Lavallee, District 17 – Lincoln/North Providence/North Smithfield
Jeanine Calkin, District 30 – Warwick

Sidewalk 7 activists head to trial in resistance to fracked-gas


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Four of the seven activists arrested for blocking the driveway at Federal Energy Regulatory Commission (FERC) headquarters during Beyond Extreme Energy’s #RubberStampRebellion in May are taking their cases to trial.

Defendants and supporters at courthouse in D.C.
Defendants and supporters at courthouse in D.C.

At the Superior Court of the District of Columbia yesterday, #Sidewalk7 members Claude Guillemard of Baltimore, MD, Ellen Taylor of Washington, D.C., and Donald Weightman of Philadelphia, PA, said that they would go to trial, set for Dec. 8, for their May 9 blockade at the FERC.

Peter Nightingale, of Kingston, RI, was arraigned only yesterday because he was out of the country during the first court date. He says he intends to go to trial. BXE and other groups have long criticized the agency for rubber-stamping fracked-gas pipelines, compressor stations and export facilities that it reviews.

“We have been charged with unlawful entry,” Weightman said, “but the real crime is the unlawful entry of methane and carbon dioxide into our air, the unlawful entry of toxic waste into our water, and the unlawful entry of global warming into the future of our world. The real weapon is fracked gas; FERC is the real defendant; we will charge FERC with the commission of a crime.”

MelindaMurphyThe other three #Sidewalk7 activists – Melinda Tuhus of Connecticut, Clarke Herbert of Virginia and Linda Reik of New York – agreed to perform 32 hours of community service and to stay away from the 800 block of 1st Avenue NE, the area of the FERC offices, for four months.

The court actions yesterday were part of the ongoing resistance to fracked-gas infrastructure, including demanding a halt to expansion of Spectra’s AIM Project pipeline. #StopSpectra activists have declared a “state of emergency” in advance of a noon press conference Thursday outside the Manhattan offices of Sens. Charles Schumer and Senator Kirsten Gillibrand. The senators wrote a letter to FERC on Aug. 3 calling for construction to stop. In February, Gov. Andrew Cuomo also asked FERC to postpone the pipeline expansion.

After the court hearing, New York, BXE, and Fossil Free Rhode Island activists hand-delivered invitations to the press conference to the senators’ Washington offices.

The pipeline “would bring fracked gas from Pennsylvania to New England, despite a report from the Massachusetts Attorney General that shows no need for this gas,” the letter said. “In NY, if completed, the AIM Pipeline would carry gas through residential communities and within 105 feet of critical Indian Point Nuclear Power Plant safety facilities.

Just last April, Spectra Energy’s Texas Eastern line erupted into a giant explosion due to pipeline corrosion, and New Yorkers fear what an explosion of this magnitude could mean in such close proximity to Indian Point. Over the last several years, communities along the pipeline route have risen up against the pipeline, and are counting on New York senators to help stop this dangerous project.”

PeterWhitehouseActivists delivered a letter from Fossil Free Rhode Island to Senator Sheldon Whitehouse’s office.  The senator is generally considered to be a climate champion, but he supports fracked gas as a bridge fuel. The letter asks the senator to change his position so that it is consistent with science and with the nation’s obligations under international treaties, the Rio Declaration in particular.  The letter ends stating: “As a small step in that direction, maybe you could start by following Bill McKibben’s suggestion, ‘correcting the outmoded way the EPA calculates the warming effect of methane.’”

In June, DeSmog Blog reported  that a FERC employee who was the agency’s project manager for reviewing the then-proposed AIM pipeline had been hired by an engineering company that is one of Spectra’s main contractors. DeSmog Blog reported in May and July that a contractor hired by FERC to conduct an environmental review of a Spectra project was already working on related Spectra pipeline projects. U.S. Senators Elizabeth Warren and Ed Markey have written to FERC Chairman Norman Bay asking about the “potential conflicts of interest.”

A campaign of nonviolent civil disobedience is also ongoing in West Roxbury, MA, where 165 people have been arrested so far blocking construction of the West Roxbury Lateral pipeline.   Resist the Pipeline is coordinating those actions. In addition, the City Council, mayor, the state representative, state senator and U.S. Congressman Stephen Lynch oppose the project.

Boston City Council President Michelle Wu said, “Climate change impacts us all and especially future generations. We need immediate, bold action to transition rapidly away from reliance on fossil fuels to renewable energy. Building new natural gas infrastructure, such as Spectra Energy’s West Roxbury Lateral Pipeline, is wrong for our communities and wrong for future generations. I applaud the thoughtful, purposeful, nonviolent civil disobedience West Roxbury residents and friends are practicing to accomplish what needs to get done.”

In addition, Massachusetts’ highest court ruled today that the state can’t force residential ratepayers to subsidize the construction of pipelines. “This is an incredibly important and timely decision,” said David Ismay, lead attorney on the case for Conservation Law Foundation. “Today our highest court affirmed Massachusetts’ commitment to an open energy future by rejecting the Baker Administration’s attempt to subsidize the dying fossil fuel industry. The course of our economy and our energy markets runs counter to the will of multi-billion dollar pipeline companies, and, thanks to today’s decision, the government will no longer be able to unfairly and unlawfully tip the scales.”
[Based on a BXE press release.]

Court kills pipeline tariff in Mass, RI still considering


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Margaret Curran
Margaret Curran

As the Rhode Island Public Utilities Commission considers a request from National Grid to have ratepayers help subsidize a controversial pipeline project, the Massachusetts Supreme Judicial Court ruled against such pipeline tariffs in a decision released Wednesday.

“This is an incredibly important and timely decision,’ said David Ismay,  the Conservation Law Foundation’s lead attorney on the case. ‘Today our highest court affirmed Massachusetts’ commitment to an open energy future by rejecting the Baker Administration’s attempt to subsidize to the dying fossil fuel industry. The course of our economy and our energy markets runs counter to the will of multi-billion dollar pipeline companies, and thanks to today’s decision, the government will no longer be able to unfairly and unlawfully tip the scales in their favor.”

The ruling by the Massachusetts Supreme Judicial Court may have an impact on National Grid‘s proposed “pipeline tariff” here in Rhode Island. The Massachusetts court deemed “it unlawful for Massachusetts to force residential electricity customers to subsidize the construction of private gas pipelines, requiring the companies themselves to shoulder the substantial risks of such projects rather than allowing that risk to be placed on hardworking families across the Commonwealth,” according the the Conservation Law Foundation (CLF) who brought the case.

The CLF was the plaintiff in the Massachusetts case. The CLF maintained in their motion to intervene in the Rhode Island case that “an electricity distribution company” entering “into a contract for natural gas transportation capacity and storage services” and receiving “cost recovery for its gas contract from electricity ratepayers” is “something that has never occurred in the United States since the Federal Power Act was enacted in 1935, during President Roosevelt’s first term in office.”

Megan Herzog, one of the two lawyers representing the CLF before the RIPUC said in a phone call that the “pipeline is a bad deal for the whole region and that the Massachusetts court affirmed that.” Though the judge ruled on the case using Massachusetts law, there are statutes in Rhode Island that reflect similar principles.

According to Craig S. Altemose, a senior advisor forthe anti-LNG advocacy group 350 Mass for a Better Future, “It is unclear how much this will be a fatal blow to any of Spectra’s proposed projects, but we have absolutely undercut their financing (to the tune of $3 billion), called into question similar pipeline tax proposals in other states, [italics added] and have given Spectra’s investors greater reason for pause. Either way, we have unambiguously won a victory that the people’s money should be not used for private projects that further commit us to climate catastrophe.”

“Today’s decision reinforces what we already know: it’s not in the public interest to subsidize new fossil fuel infrastructure. It deals a serious blow to companies like Spectra who wanted to subsidize their risky projects with handouts from ratepayers. Communities facing an onslaught of fracked gas projects in their backyards like those in Burrillville have good reason to feel hopeful right now. We urge Governor [Gina] Raimondo and the Rhode Island PUC to follow the lead of Massachusetts and reject the pipeline tax,” Ben Weilerstein, Rhode Island community organizer with Toxics Action Center said.

Though the ruling in Massachusetts has no statutory value in Rhode Island, it may establish some lines of legal reasoning that will be helpful as the Rhode Island Public Utilities (RIPUC) Commission decides on Docket 4267, the Rhode Island part of National Grid’s ambitious plan to charge electrical ratepayers not only for pipeline infrastructure investments, but also to guarantee the company’s profits as they do so.

National Grid responded with the following statement: “This is a disappointing setback for the project, which is designed to help secure New England’s clean energy future, ensure the reliability of the electricity system, and most importantly, save customers more than $1 billion annually on their electricity bills.  We will explore our options for a potential path forward with Access Northeast and pursue a balanced portfolio of solutions to provide the clean, reliable, and secure energy our customers deserve. While natural gas remains a key component in helping to secure New England’s long-term energy future, the recently passed clean energy bill also presents a welcomed opportunity to support the development of large-scale clean energy, such as hydro and wind.”

Yesterday The RIPUC held a hearing on Docket 4627, asking National Grid to explain why it used such a “broad brush” in redacting information in its application. In the meeting announcement it was said that RIPUC Chair Margaret Curran thought “it is not intuitively clear how the information redacted falls within the exception to the Access to Public Records Act.” Much of what National Grid argues that much of what it wants to keep secret falls into the category of trade secrets, and releasing the information would put it at an unfair disadvantage with competitors, such as NextEra Energy Resources, LLC (NextEra).

As pointed out previously, National Grid will not release how much money ratepayers will be on the hook for if this idea is approved by the RIPUC.

Here’s full video of the hearing:

NextEra brought a separate motion to allow its lawyers access to highly confidential parts of National Grid’s application.

Here’s the full video of that hearing:

The Conservation Law Foundation (CLF) released the following statement today in response to the favorable decision from the Massachusetts Supreme Judicial Court in Conservation Law Foundation v. Massachusetts Department of Public Utilities (DPU):

‘This is an incredibly important and timely decision,’ said David Ismay, CLF’s lead attorney on the case. ‘Today our highest court affirmed Massachusetts’ commitment to an open energy future by rejecting the Baker Administration’s attempt to subsidize to the dying fossil fuel industry. The course of our economy and our energy markets runs counter to the will of multi-billion dollar pipeline companies, and thanks to today’s decision, the government will no longer be able to unfairly and unlawfully tip the scales in their favor.’

According to the opinion by Justice Cordy, DPU’s 2015 rule (“Order 15-37”) allowing Massachusetts electric customers to be charged for the construction of interstate gas pipelines is prohibited by the plain languages of statutes that have been the law of the land in Massachusetts for almost two decades.

In his opinion, Justice Cordy wrote, Order 15-37 is ‘invalid in light of the statutory language and purpose of G. L. c. 164, § 94A, as amended by the restructuring act, because, among other things, it would undermine the main objectives of the act and reexpose ratepayers to the types of financial risks from which the Legislature sought to protect them.’

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Department of Health hears testimony on Burrillville power plant


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Burrillville 45The Rhode Island Department of Health (RIDOH) held a public comment hearing in Burrillville Tuesday to solicit opinions on the potential health effects of building Invenergy‘s proposed $700 million fracked gas and diesel oil burning power plant. RIDOH has been tasked by the Energy Facility Siting Board (EFSB) to create a non-binding advisory opinion on potential public health concerns relating to the project, including but not limited to biological responses to power frequency, electric, and magnetic fields associated with the operation of the power plant, and the potential impacts on the quality of drinking water associated with the construction and operation of the plant. The final report is due in early September.

RIDOH has released a first draft of their report, which was consumed by Burrillville residents opposed to the plant. Much of the public comment centered around the idea that RIDOH wasn’t taking into account the compounded effects of the gas infrastructure in and around Burrillville but was instead concentrating on the proposed power plant by itself.

Perhaps the most dramatic moment of the evening came when Stephanie Sloman rose to give her testimony.

“I had a whole speech prepared,” said Sloman (see video #20 below), “but I noticed that Invenergy’s sitting over there, and I refuse to speak and read my speech in front of these people. I don’t think they should even be here, frankly.”

The evening’s meeting was made harder on residents of the town because at the same time as this meeting there was a meeting of the Harrisville Fire District and Water Board. This meant that some people (including me) had to run out to the other meeting and then return to the RIDOH hearing, still in progress.

Several Burrillville residents noted that Governor Gina Raimondo, during her visit to Burrillville in July, recommended that residents get involved in and trust the process. That seems awfully hard to do when two important meetings are scheduled at the same time .

Below is all the video from the event.

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Attorney Sinapi denies conflict of interest


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Richard Sinapi
Richard Sinapi

About a half hour before Tuesday evening’s Harrisville Fire District and Water Board meeting started, attorney Richard Sinapi was engaged in semi-private conversation with board chair Ronald Slocum and vice chair James Scotland Sr inside the meeting place. Sinapi was apparently selling Invenergy’s idea to open a new well in Harrisville to cool its power plant to the commissioners, essentially telling them that Harrisville would lose out on $10 million if they did not accept the deal.

I arrived at the meeting site about a half hour early. Outside was Burrillville resident Robert Woods. Woods is a recently appointed member of the Burrillville Planning Board. An outspoken critic of Invenergy’s $700 million fracked gas and diesel oil burning power plant, he recently recused himself from planning board business concerning Invenergy out of “an abundance of caution.”

Woods told me he could see inside the building, where Harrisville attorney Richard Sinapi was talking to the chair and vice chair of the Harrisville Water Board. The door to the offices were locked but after knocking, Woods and I were let in. Attorney Sinapi, as seen in the video, was engaged in conversation with two members of the board.

“I don’t know what plan C is, it’s very secret,” said Sinapi, “All I know is that it’s a lot more expensive than the ten million dollars… So… It’s ten million dollars.”

“Gentlemen,” said Robert Woods, “it seems like this is a little out of order, no? The meeting hasn’t started…”

“I’m the attorney, the meeting hasn’t started,” said Sinapi, “and there’s no quorum.”

“I realize that but you shouldn’t…” began Woods, before Sinapi wheeled around on him.

“There’s no quorum, and the meeting hasn’t started yet,” snapped Sinapi, “and I’m the attorney.”

“I realize you’re the attorney,” said Woods, “you’re talking about that to members of the board, I don’t know, I’m not an attorney but it just seems a little out of order to me, that’s all.”

“You’re entitled to your opinion,” said Sinapi.

“That’s why I’m voicing it,” said Woods.

Fifteen minutes later, and about ten minutes before the start of the meeting, Sinapi took another commissioner into an office, where he could be seen speaking privately. What they were talking about is not known.

2016-08-09 Sinapi
The laws governing open meetings are complex, but on the face of things, Sinapi seems to be correct. His advocacy on behalf of Invenergy’s proposal does not seem to have violated the Open Meetings Act. Certainly there was no quorum, but if Sinapi was having this conversation with multiple commissioners in small groups over time, it might constitute what is called a “rolling quorum.” But of course, I’m no lawyer.

There are, however, other considerations at play. Many Burrillville residents have told me that they feel that Sinapi should have recused himself, since he is not only the lawyer for Harrisville, he is also the lawyer for the New England Mechanical Contractors Association. In that capacity Sinapi has apparently advocated for Invenergy’s power plant at the State House.

In his capacity as Harrisville’s lawyer, should Sinapi have been advocating for Invenergy’s proposal to the water board? Sinapi says that there is no conflict of interest. I spoke to Sinapi by phone. He maintains that in his capacity speaking for the Mechanical Contractors Association at the State House, he was working to “defeat a bad bill that would be bad for business, not to support or oppose the power plant.”

In his capacity as attorney for Harrisville, Sinapi says his job is to protect the Harrisville water supply and the financial integrity of the water board. If “Invenergy brings water into town, through a pipeline,” said Sinapi, “it could render the Harrisville supply redundant. We provide half the water to Pascoag.”

While he had me on the phone, Sinapi wanted to correct me on two points. I listed the Harrisville Water Board vote against Invenergy’s proposal as 5-1 (and the ProJo reported it as 6-1) but Sinapi claims the vote was 5-2 in favor of turning Invenergy’s offer down.

Sinapi’s other objection to my piece was my contention that a lawyer for the Harrisville Water Board “should have known” more about MTBE than his testimony at the State House seemed to indicate. According to Sinapi, water containing up to 40 parts per million MTBE is acceptable for drinking. In Connecticut, up to 70 parts per million is acceptable. Though MTBE is dangerous, said Sinapi, “it’s not like Benzene or something.”

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Ranglin-Vassel, Walsh call on state to fix Canada Pond dam


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Marcia Ranglin-Vassell
Marcia Ranglin-Vassell

Progressive legislative candidates Marcia Ranglin-Vassell and Moira Walsh are imploring the state to “act with urgency” on a distressed dam that could destroy parts of their Providence districts if it fails.

The state Department of Environmental Management said the Canada Pond dam near the north of the city is a “significant hazard” that could damage the neighborhood if it breaches. According to a recent article in the Providence Journal about the dam: “a collapse could unleash a wall of water along Route 146 that would swamp Branch Avenue, which handles about 15,000 cars a day, and undermine power lines that carry electricity from a generating station in Massachusetts to a substation in Providence.

Moira Walsh and Malcolm
Moira Walsh and Malcolm

“Most of it would barrel down the railroad tracks along State Street to Canal Street and empty into the Providence River downtown. Part of it could be expected to split off near the Home Depot on Charles Street, sweep south at Route 95 and follow the railroad tracks downtown.”

“I cannot understand how this threat was allowed to reach this point,” said Ranglin-Vassell. “Right now, my neighbors are at risk. Our community needs leaders who take proactive action, rather than waiting until people are in danger of getting really hurt. It is stunning to me that my opponent has represented our threatened area for decades and yet, to my knowledge, has never made any attempt to organize a response to significant safety threat. I call on city and state officials to take all possible precautions and immediately begin working either to fully repair the dam or fully remove this hazard to our community.”

Walsh said, “I was born and raised in this neighborhood, and for as long as I can remember, it’s felt like our community has gotten the short end of the straw when it comes to city and state services. But I never imagined that would extend to actually leaving us in danger of being in the path of a broken dam. This neighborhood needs elected leadership that will stand up and fight for our families, even when it means taking DEM, the city, and the state to task and forcing them to treat matters like this with urgency. It’s unfortunate that the people currently in charge don’t seem up to the task, because there is nothing more important than the safety of our community. When I am state representative I look forward to putting that safety first.”

Ranglin-Vassell and Walsh are two of the many up-start progressive campaigns running against more-conservative, establishment Democrats. Ranglin-Vassell is challenging House Majority Leader John DeSimone, whom the Rhode Island Progressive Democrats filed an ethics complaint about yesterday. Walsh is running against Tom Palangio.

Sierra Club seeks clarification from Elorza on LNG statement


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2016-06-08 NO LNG 003The Rhode Island Sierra Club has responded to Mayor Jorge Elorza‘s statement on National Grid‘s proposed liquefaction project for Field’s Point in the Port of Providence.

“The Rhode Island Sierra Club is glad the Mayor has publicly agreed to not offer any subsidies to National Grid related to the LNG liquefaction project in Fields Point. We would however urge him to clarify whether his definition of subsidy also includes Tax Stabilization Agreements and if it doesn’t, we would would ask him to take the same strong stance against those type of subsidies and end TSA negotiations immediately.

“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. An outcry from public officials immensely helped in 2005 when a similar project was ultimately denied.  Not sending in a letter, like the one nine Providence legislators sent to FERC last week, is a statement and a betrayal of his rhetoric on climate change.

“At the absolute minimum, we would ask the mayor to join the thousands of residents, and many businesses, environmental, community and religious organizations in signing the NoLNGinPVD campaign’s petition letter to FERC.

“The mayor also needs to hold the City Council accountable and ask them to follow through on their resolution to provide wide-scale public involvement, on which no action has been taken.   They resolved to host meetings between National Grid, Dept. of Health, DEM, Coastal Resource Management Corporation and city residents, and city residents deserve nothing less.”

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Invenergy loses bid for Harrisville’s water


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Harrisville Fire DistrictThe Harrisville Fire District and Water Board voted 5-1 to turn down Invenergy’s offer to purchase water to cool it’s proposed $700 million fracked gas and diesel oil burning power plant in Burrillville. Thunderous applause broke out in the Assembly Theater, where the meeting had to be held to accommodate the nearly 100 people in attendance.

The road to the no vote was Rhode Island political theater at its finest, with the Harrisville District attorney, Richard Sinapi, taking on the role of villain in the piece.

Sinapi is not only the attorney for Harrisville, he’s also a lobbyist who has testified at the State House in favor of the proposed power plant. He represents the New England Mechanical Contractors Association. In this capacity, on May 25 he testified in favor of the power plant and against Rep. Cale Keable’s bill to give the residents of Burrillville a vote on any tax treaties the Burrillville Town Council might negotiate with Invenergy.

At the House Committee on Environment meeting Sinapi suggested that choosing to purchase a home near an existing pipeline means that one should expect a power plant to be built nearby, just as choosing to live near the airport in Warwick means that one should expect runway expansions and jet noise.

Sinapi also suggested that since we live in a republic, people should not expect a democratic vote on things like power plants being located next door to their homes, they need to understand that their representatives will decide for them, and that they do not have a choice in the matter.

It was on the subject of water, however, where Sinapi made his most egregious comments at the House Environmental meeting in May. “Well 3A has in fact been shut down. It was shut down because it was not suitable for potable purposes. You cannot drink that water. It’s contaminated with MTBEs. However, you can wash with it, you can bath with it. You can’t consume it. That water, that contamination, is 16 years old.”

This is of course completely wrong. MTBE contaminated water cannot be used for washing or bathing, by court order. The water will irritate the skin and there is an unpleasant “sweet smell” to the water as well. Sinapi, a legal advisor to the Harrisville Water Board, should have known this.

At the Harrisville Water Board meeting Tuesday evening, Sinapi presented Invenergy’s pitch to the water board. He said that he and Harrisville became “involuntarily” involved in the Invenergy project after the Burrillville Town Council asked Harrisville to explore the possibility that drawing MTBE contaminated water out of well 3A might spread MTBE contamination throughout the aquifers. Sinapi did not mention his previous involvement as a lobbyist for the New England Mechanical Contractors Association at the meeting.

The offer from Invenergy was to build a pipeline from a well site in Harrisville to the Invenergy power plant site, at Invenergy’s cost. Sinapi presented the idea as an economic boon to Harrisville. The water drawn, said Sinapi, was, “not to exceed the capacity of the well.” Harrisville would receive about $10 million dollars in water sales over the life of the power plant.

Additionally, said Sinapi, if Harrisville did not accept the offer, Invenergy would move on to a “third option” which Sinapi described as more expensive for Invenergy. “I would like to emphasize,” said Sinapi, “they have a third option. It’s not just 3A, they have a third option.”

After Sinapi’s presentation, during the public commentary period, residents of both Harrisville and Pascoag asked, “What is the third option?”

“I’ve been told by two sources that they have a third option,” said Sinapi.

“You made it up, that’s fine,” said someone from the audience.

Under further questioning from Burrillville resident Donna Woods, Sinapi admitted that he has “no idea” what the third option might be.

When Burrillville resident (and candidate for Burrillville Town Council) Jeremy Bailey rose to speak, he said, “I have a an issue right now. Mr. Sinapi was paid $15,000 last year to represent the Mechanics Union, who wants the power plant… That’s a conflict of interest, and none of you [the Harriville Water Board commissioners] seem to be concerned with that… We have a state that’s so corrupt with non-transparency and not a single one of you really has a concern with it.”

No one on the board responded to Bailey’s concerns. Instead, they moved to vote.

The vote was taken, and Invenergy’s proposition to open a new well in Harrisville was turned down, 5-1.

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Elorza: No city support for Grid’s LNG project


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2015-11-30-World-AIDS-Day-006-Jorge-Elorza-600x507 (1)
Jorge Elorza

Providence Mayor Jorge Elorza issued a statement affirming his opposition to public subsidies for National Grid‘s proposed liquefaction facility at Field’s Point in the Port of Providence.

“The City of Providence has a long standing commitment to sustainability that rivals top cities nationally,” said Emily Crowell, press secretary for Mayor Elorza, “With a goal of becoming carbon neutral by 2050, we are committed to moving away from fossil fuels and helping combat the global climate crisis. 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.” [Emphasis added]

Elorza was strongly encouraged by the Rhode Island Sierra Club to come out against National Grid’s project. Their statement notes that the final decision will be made by the Federal Energy Regulatory Commission (FERC) and that the city will have little input into that decision.

2016-06-08 NO LNG 009

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Noise, air pollution from proposed power plant would ruin Burrillville


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OER fudges reality and ignores impact of escaping methane—see disclaimer in lower-left corner.

On Tuesday August 9, the Rhode Island Department of health (RIDOH) will hold a hearing on Invenergy’s proposed gigawatt fossil fuel power plant in Burrillville, aka the Clear River Energy Center (CREC). The meeting will start at 5:30 pm at Burrillville HighSchool, 425 East Avenue, Harrisville, Rhode Island 02830.

imagesAs part of the process, RIDOH issued an advisory opinion. Even a cursory reading of the document reveals issues so serious that they should prevent the construction of CREC. Yet another Rhode Island administrative body that lacks enthusiasm for the project!

RIDOH identifies serious negative health impacts of noise:

According to the WHO [World Health Organization], sleep disturbance, one of the most common complaints raised by noise-exposed populations, can have a major impact on health and quality of life. People can recognize and react to sounds, even when asleep. Those reactions, including wakening and changes in sleep stage, are associated with daytime after-effects, such as sleepiness, reduced cognitive and motor performance, and impairment of cardiovascular function.

The RIDOH opinion also quotes written testimony of Julia O’Rourke, who lives on Wallum Lake Road in Burrillville:

Specifically, in the past year, I have experienced excessive noise and vibrations coming from the Algonquin Compressor Station site which this project will be located next to. The noise and vibrations emanating from this site are extremely disruptive and negatively impacting our health and we are unable to sleep or enjoy the peace and quiet of our home. I am concerned that the noise levels and vibration are only going to increase during the construction and operational phase of this project.

Clearly, the neighborhood around the CREC site and Spectra Energy’s compressor station will become unlivable.  RIDOH suggests, if the plant were to be built, that Spectra Energy and Invenergy install sound proofing and buy “properties subject to noise levels that cause serious annoyance and/or sleep disruption.”

RIDOH’s opinion mentions that questions have also been raised as to whether National Ambient Air Quality Standards (NAAQS) of the Environmental Protection Agency adequately protect public health. We, and probably others, indeed raised those questions—those and quite a few others—in this public comment.  The federal standards fail to account for short-lived pollution spikes which are typical for the operation of compressor stations and power plants. Nitrous oxides are are highly problematic in this respect. In addition, there are lots of other problems with “data” Invenergy’s submitted to the Energy Facility Siting Board.

Sure,  we could go ahead with the construction of the power plant and turn Burrillville into a major air pollution dump. Is that justified simply to create a couple of jobs and export electricity to the Northeast? Can we justify that simply because “no states have promulgated a short-term NO2 standard that is more stringent than the NAAQS and the process for adopting such standards is arduous?”

Interestingly, RIDOH is much more advanced in its understanding of the effect of the proposed power plant than the Rhode Island Office of Energy Resources. RIDOH states:

The burning of fossil fuels and the extraction of fossil fuels by “fracking” both contribute to climate change by emitting various greenhouse gases to the atmosphere, most notably carbon dioxide and methane. Both have the effect of harming the health of Rhode Islanders now and in the future.

Of course, most of the methane problem occurs long before the fracked gas reaches Rhode Island. Information in a recent presentation of Rhode Island’s Office of Energy Resources shows that the office explicitly ignores such effects.

OER fudges reality and ignores impact of escaping methane—see disclaimer in lower-left corner.
OER ignores impact of escaping methane—see disclaimer in lower-left corner

Not only does the office ignore basic science, it is also out of sync with federal guidelines on how the effects of greenhouse gas emissions on climate change should be taken into account.  Those guidelines, issued last week, explicitly call for:

  1. Taking into account reasonably foreseeable direct, indirect, and cumulative GHG emissions and climate effects;
  2. Consideration of reasonable alternatives and the short- and long-term effects and benefits in the analysis of alternatives and mitigation

Unless we change course, Rhode Island will be doing neither.  RIDOH writes:

We cannot measure the direct contribution of the proposed plant, or of any single facility, to public health by means of climate change.

Sure, but if we forge ahead without understanding what we do, we are in violation of the precautionary principle of  the Rio Declaration, an international treaty signed and ratified by the U.S. This is the supreme law of the land:

Principle 15

In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

How about we cannot “measure the direct contribution” of the plant to global warming?  True enough, but we can easily estimate the impact of the national policy of which construction of the plant is part. Because natural gas is worse for the climate than oil and coal, the conclusion is simple: given the rate at which natural gas escapes unburned, and before the use of methane starts paying off, we’ll be dead, leaving an uninhabitable planet for future generations.

Not enough water for proposed power plant and future growth


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On August 9, the Harrisville Fire District in its monthly meeting will discuss how to respond to Invenergy’s request for the supply of water for its proposed power plant in Burrillville, the Clear River Energy Center (CREC). For time and place follow this link.

Screen Shot 2016-08-08 at 9.47.53 PMFuture water shortages caused by CREC have been a topic of discussion and speculation for many months.  That indeed there is a serious risk is clear from information contained in documents obtained from several Rhode Island departments in response to Fossil Free RI‘s request made under the Access to Public Records Act.

As a reminder, the following is worth quoting from a previous post based on documents supplied by the RI Department of Health:

According to a presentation at a meeting about CREC attended by several state agencies, 0.18 MGD (million of gallons of water per day) will be left for growth if the power plant is built. June Swallow of the Center for Drinking Water Quality at the Rhode Island Department of Health attended the meeting. Her longhand notes show that Harrisville and Pascoag each are expected to need 0.12 MGD for growth. This suggests a deficit of 0.24 MGD – 0.18 MGD = 0.06 MGD.

Also documents supplied by the RI Department of Environmental Management raise concern. There is, for example, the following email exchange between Alisa Richardson of RIDEM and Ken Burke formerly of the Rhode Island Water Resources Board:

Thanks Alisa,
I think we should talk about having the Town acknowledge that with low flow conditions and high energy demands, that the Town is effectively pledging most (if not all) of its available water to this development. This local decision is theirs to make. Will someone from the Town also be at this meeting?
Thank you,
Kenneth J. Burke, P.E.MBA
General Manager/Treasurer

This email (my emphasis) appears on page 50 of this document.  There is more of interest, but the conclusion is the same; search the document for “Alisa” and “Ken.”

Also Stephanie Sloman, a retired environmental engineer who worked for a large electroplating plant in Massachusetts, weighed in. She submitted a thorough and detailed testimony to the Invenergy docket of the Energy Facility Siting Board.

Her conclusion is that, no matter how you look at it, there is not enough water for future growth in Burrillville and the other towns that draw from the same source.

Clearly, the RI departments of Environmental Management and Health, and the Water Resources Board are aware of the looming water supply problem. As Stephanie Sloman explains, anyone capable of elementary arithmetic can check this. As she points out, Invenergy is apparently is not one of those.

Recently, Gina Raimondo mentioned that she would withdraw her support for the CREC project if there were any issues. Of course, trouble with the water supply is only one of a myriad of issues each single one of which should suffice for her to make good on that promise.

Invenergy power plant facing water problems


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2016-07-19 Burrillville MTBE Site Visit 009Invenergy’s proposed $700 million fracked gas and diesel oil burning power plant in Burrillville is running into some water problems. The Pascoag Utility District, at a special meeting called by board chair Al Palmisciano for August 19, will decide for or against allowing Invenergy to access well 3A, which is closed by court order due to MTBE contamination.

A decision in Invenergy’s favor is by no means certain. In fact, Invenergy already seems to be searching for other options. On August 9 the Harrisville Fire District is taking up Invenergy’s, “inquiry as to whether and under what conditions Harrisville would be willing to consider developing and constructing a well and distribution means to supply water to the power plant at Invenergy’s expense.” Invenergy is also asking Harrisville to “authorize such additional pump and water testing and legal research as is necessary to determine the yield, viability and estimated cost of developing a well on the Victory Highway site and constructing an appropriate means of distribution at Invenergy’s expense.”

The Harrisville meeting is taking place at a time that overlaps with the RI Department of Health (RIDOH)’s public commentary hearing at the Burrillville High School, part of the Energy Facilities Siting Board (EFSB)’s process of determining the fate of the power plant. This will have the effect of dividing the potential audience, but over the last few weeks water has become a very big issue in northern Rhode Island because the area is experiencing a severe drought, with rainfall five inches below average.

Aquifers and wells are feeling the effect of the lack of rainfall. Invenergy plans to use an average of 100,000 gallons of water a day to cool their plant, and almost a million gallons a day when burning oil. This is in addition to the 4 million gallons of water used to cool Burillville’s existing power plant, Ocean State Power. This strain on the area’s water supply may be lead to even more severe water shortages in the area. At the very least, it will forestall the possibility of future growth in the area.

Even if both Harrisville and Pascoag deny Invenergy their water, it doesn’t necessarily put an end to the company’s plans. Water could be imported from over state lines, and of course there is always the option used by Ocean State Power. According to a video by Paul Roselli of the Burrillville Land Trust and Burrillville resident Norman Derjarlais, the company seems to be trucking in the water from Western Sand & Gravel, a nearby superfund site, in leaking trucks. From 1975-1979 about 12 acres of this area was used for the disposal of liquid waste, including chemicals and septic waste.

You can watch the video below.

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Sierra Club statement on National Grid LNG proposal


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RI Sierra Club Logo QuahogThe Rhode Island Sierra Club strongly praises the bold climate leadership of the nine Providence legislators who publicly expressed their opposition to National Grid’s proposal for a $180 million fracked gas liquefaction facility at Fields Point in the Port of Providence.

Last week, Providence State Representatives Aaron Regunberg, Joe Almeida, Grace Diaz, John Lombardi, Chris Blazejewski and Edie Ajello, along with Providence State Senators Juan Pichardo, Gayle Goldin and Harold Metts submitted a letter to the Federal Energy Regulatory Commission (FERC) describing their deep concerns with National Grid’s proposal. We wholeheartedly agree with their statement that this project represents a boondoggle for ratepayers, an unjustifiable safety risk for the local community, and the kind of unacceptable doubling down on fossil fuel infrastructure that will guarantee we blow past our legally mandated emission reduction goals. And we are proud to see so many legislative leaders refusing to condemn our beautiful state to a future of climate catastrophe.

2016-07-21 Toxic Tour 013Unfortunately, the same can not be said of Providence Mayor Jorge Elorza. Rather than making any effort to live up to his rhetoric on climate change, Mayor Elorza has chosen to partner with National Grid and help them advance their proposal with tacit support and active negotiations for a Tax Stabilization Agreement to smooth out the utility’s tax payments over time.

Stopping climate change is the moral crisis of our time – and it will only be possible if we end these vast investments in new fossil fuel infrastructure that guarantee our addiction to fossil fuels continues past our planet’s point of no return. We all need to join in this fight. Rhode Island Sierra Club pledges our support for elected officials who take this moral imperative seriously, like the nine Providence legislators who came out in opposition to the LNG proposal last week. And we condemn in the strongest possible terms the cowardice of self-proclaimed climate leaders who choose to give in to the fossil fuel industry. Mayor Elorza, your actions speak much louder than your words – please, do the right thing and join your legislative delegation in standing up for Providence’s current and future citizens.

National Grid says cost of proposed ratepayer fee is a trade secret


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Reddy Kilowatt
Reddy Kilowatt

National Grid will not reveal the amount of money they hope to charge customers in their proposed pipeline tariff. That information is a trade secret, and will not be revealed until after the Rhode Island Public Utilities Commission (RIPUC) decides on the proposal.

On Tuesday evening RIPUC heard public testimony against National Grid’s plan to charge customers for its efforts in building fracked gas pipelines and infrastructure in our state. National Grid also wants ratepayers to guarantee their profits for the venture as well. After the hearing I searched in vain through National Grid’s 572 page application for anything that would indicate how much this plan would cost. Finally I wrote Todd Bianco, principal policy associate at RIPUC for clarification.

“I do not believe there are any costs or rates in the filing that have not been redacted and marked as confidential. You should contact National Grid’s attorney or their spokesperson to confirm that,” said Bianco.

Following Bianco’s advice, I wrote to David Graves, National Grid’s Rhode Island Director of Strategic Communications.

“Portions of the filing are redacted because the document includes confidential information,” wrote Graves in an email, “which if revealed, would give competitors an unfair advantage in building their bids. The same procedure is in place in commodity rate setting. The information is shared with the regulators and is used in their assessment of our proposed rates, but the hard numbers in the estimates are not shared publicly until after the contract has been awarded.”

Graves did note that ratepayer impacts are discussed in the application starting on page 545. All the important numbers for determining actual impacts have been redacted.

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