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.

Providence DHS also experiencing problems


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From the DHS website
From the DHS website

The letter Heather received a week before her appointment with the Department of Human Services (DHS) warned that not showing up for her scheduled appointment could seriously delay approval of her benefits. Having been recently laid off and in search of work, Heather made sure that she was not only a half hour early, but that her paperwork was in order.

Arriving at the DHS offices in Providence on Elmwood Avenue, she got into the line for those with appointments. The other line, for those without appointments, was longer and moved more slowly. Both lines stretched out of the waiting room.

Conditions in the waiting room, Heather told me, were “miserable.”

From the DHS website
From the DHS website

“People were standing in lines for hours,” said Heather. “A lot of people were turned away. A lot of them were single mothers. It was hot, and there was not a lot of room to sit. Children were running around, crying and screaming.” She said employees appeared to be overwhelmed and frustrated.

Optimally, DHS provides people in need with access to many services such as Medicaid, SNAP benefits, Rhode Island Works (RIW), Child Care Assistance Program (CCAP), LTSS, General Public Assistance (GPA) and access to various energy assistance programs like HEAP, WAP and HSR.

The delays, Heather was told, were because of the new computer system the DHS was using to approve benefits. The new system was supposed to make things more efficient. Instead, workers at the office were facing too many cases and a new system being rolled out without adequate training.

At a press conference on Thursday, DHS director Melba Depeña Affigne said that changes in staffing and the conversion to the new computer system would have “no impact on clients.” Michael DiBiase, director of the RI Department of Administration called the issues that Heather and others have described as “unfortunate.”

After four hours, Heather got her EBT card and was able to leave the DHS offices by 4:45pm. The waiting room was no less full, most of those waiting would have to return the next day to continue the process.

The new computer system, which has no official name, was supposed to be online in July, and is now slated to be fully operational by mid September. The system is supposed to reduce the amount of time prospective clients spend with social workers and has been billed as an “incredible tool for our workforce” that will “enhance customer service.”

Heather disagrees. The system, she says, is “designed to make you feel like shit about yourself.”

Patreon

New computer system at DHS hurts clients and social workers


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Melba Depeña Affigne
Melba Depeña Affigne

Melba Depeña Affigne, director of the RI Department of Human Services (DHS), was “surprised to hear [that clients] did not get service” at the Woonsocket DHS offices. The clients in question were referred from the Woonsocket offices to the DHS offices in Pawtucket, a four hour round trip by bus.

Michael DiBiase, director of the RI Department of Administration said, regarding the problems at the Woonsocket branch of the DHS that the “break in service was unfortunate” and will last “hopefully less than a month.”

DiBiase and Affigne were holding a press conference to explain the layoff of 70 DHS employees, mostly social workers, as part a major reorganization of the DHS and the launching of a new computerized eligibility system that is projected to save taxpayers millions.

Michael DiBiase
Michael DiBiase

The laid off social workers, said DiBiase, will have a chance to apply for one of the more than fifty job openings at DCYF (Department of Children, Youth and Families). The layoffs are required, said Affigne, because of a “new staffing model” that will allow DHS to make significant cuts. The new model is “task based” and will not require supervisors trained in social work to manage by “case load.”

I asked Sue Pearlmutter, dean of the Rhode Island College School of Social Work if this means that the DHS is moving away from social workers advocating on behalf of clients and towards data entry technicians assisting clients using the computers.

“That has been my impression,” said Pearlmutter. The DHS is moving towards “a very different kind of process. Social workers engage with the client and work with the client.” The application process DHS is instituting makes “people take responsibility for their application at a kiosk or in a library.”

Often, these are “people in crisis” at a time when “completing an application is a daunting process.” Some adults and young adults, says Pearlmutter, “may find the process overwhelming. Removing a level of staff may cause more problems for people facing crisis.”

2016-08-25 DHS layoffs 003As for the staff DHS is cutting, saying that there are openings at DCYF is disingenuous. Many of the staff losing their positions at DHS started at DCYF, said Pearlmutter. They took jobs at DHS “because the work at DCYF is so crisis oriented. It’s difficult and emotional work that many found they couldn’t do any more.”

Talking about the jobs at DCYF as being like the work at DHS “shows no understanding of the kind of work social work is,” says Pearlmutter.

The new computer system, which has no official name, it’s just the “New Integrated Eligibility System,” said Affigne, was supposed to be online in July, and is now slated to be operational in mid September. The system will reduce the amount of time prospective clients will spend with social workers. This is “by far the largest technology project that has ever been undertaken by the State of Rhode Island,” said DiBiase.

The new computer system, said Affigne, is an “incredible tool for our workforce” that will “enhance customer service.”

Lucie Burdick, president of Local 580 of the Service Employees International Union (SEIU), disagrees. She told RI Future that “this extremely expensive computer system, if it even works correctly someday, will never provide the quality of service a trained, educated, experienced human being provides. The computer pilot program is failing miserably at this point and costs are rising rapidly. It could have been done better and cheaper. The displacement of staff and the cost of human suffering that it has exacted on the population we serve is unconscionable.

“This fiasco is the 38 Studios of human services. The taxpayers and advocates for the poor should be outraged.”

DHS provides people in need with access to many services such as Medicaid, SNAP benefits, Rhode Island Works (RIW), Child Care Assistance Program (CCAP), LTSS, General Public Assistance (GPA) and access to various energy assistance programs like HEAP, WAP and HSR. Affigne said that about one in five Rhode Islanders use services offered at the DHS, and that they maintain six field offices, like the one in Woonsocket.

“What will be the impact on clients?” I asked.

Affigne replied, “There will be no impact on clients.”

Yet existing clients did not start receiving notifications of reduced services in Woonsocket until August 23, and the Woonsocket DHS began reduced services on the 19th. That’s two or thee days of people arriving at the Woonsocket offices and learning that they were in for a four hour bus ride to Pawtucket from a sign taped to the door.

As Bob Plain and I tried to ask questions to get to the heart of the issue of the actual impact that this transition will have on people trying to access needed state services, Kristin Gourlay, health care reporter for RIPR cut in.

“Presumably,” said Gourlay, “in September, when the system goes live, people won’t have to go to a field office, they can go to- if the have a computer at home they can use that, they could go to a public library and use a computer there or another social service agency…”

“Correct,” said Affigne.

This allowed DiBiase and Affigne to shrug off concerns about social workers and clients as mere “bumps” along the way towards an improved, (read: cheaper) system. Yet, at a time when poverty and income inequality are at all time highs, and the economy of Rhode Island is barely improving, “bumps” in the lives of the one in five Rhode Islanders applying for needed assistance can be catastrophic.

Here’s the video of RIFuture’s questions:

Here’s the video of the full press conference:

 

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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State Police investigating calls for Walaska from state phones


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walaska callThe Rhode Island State Police are investigating campaign phone calls made from Child Support Services, a state agency, on behalf of State Senator William Walaska, a conservative Democrat and 22-year incumbent. Walaska is being challenged by Jeanine Calkin, a progressive Democrat and Bernie Sanders supporter.

State Police Lt. Michael Glynn contacted RI Future, the Warwick doctor who initially told me about the calls, and also contacted Jeanine Calkin, whose husband, Daniel, also received a call. The scope and particulars of the investigation are unknown, but Calkin said that “someone is coming to talk to Dan today and take a look at our phone.”

RI Future broke this story last week. So far no other media organizations have covered it. When called for a comment, Senator Walaska said, “I know you don’t support me. I have no idea. I don’t know what you’re talking about.”

This story will be updated.

Here’s the call:

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Layoffs at DHS have already affected services in Woonsocket


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Woonsocket DHS 005People in need of social services are being turn away from the Woonsocket branch of the RI Department of Human Services (DHS) as the offices are in the midst of a downsizing and relocation.

On Tuesday some clients went to the DHS offices in Woonsocket and were told that they could not access the services they needed. They were referred to the Pawtucket offices, requiring a four hour bus ride, two hours each way. DHS employees in Woonsocket said their branch right now can only deliver “limited services.” I was told that all questions regarding the move and reduced services needed to be referred to DHS director Melba Depeña Affigne.

The reason for the change in service seems to be related to 70 layoffs at DHS that, according to a news release, is the result of a new software system coming in September.

“Moving from a software system designed more than 30 years ago to a modern, digital system requires different staffing needs,” said Depeña Affigne in a news release from the Department of Administration sent today. There will be a 3pm press conference explaining the layoffs in detail.

“The new eligibility and enrollment software system will make it easier and more convenient for Rhode Islanders to access those vital services,” Depeña Affigne said in the press release.

Woonsocket DHS 002
Notice on Woonsocket DHS door

DHS provides vital community and family assistance by way of food and cash assistance, child care assistance and Medicaid. DHS manages SNAP benefits,  Rhode Island Works (RIW), Child Care Assistance Program (CCAP), LTSS, General Public Assistance (GPA) and provides access to various energy assistance programs like HEAP, WAP and HSR.

Woonsocket DHS 003The clients DHS serve are among the most vulnerable in the state, who often have difficulty with transportation and access to the internet. Closing offices, downsizing staff and limiting services, even if only for a month, could have catastrophic effects on families.

In a letter to SNAP Advisory Committee members, SNAP Administrator Iwona Ramian wrote that the lease for the current offices expires on August 31, and the effective date for the new offices is September 1, with transition between offices beginning Monday, August 22. Notification of the move was mailed to clients on Monday, meaning many people did not know about the gap in services.

Woonsocket DHS 004
DHS website

Though Ramian in her letter says that “no gap in services is anticipated” the DHS website says, “The Woonsocket office is providing limited services” and refers clients to other locations.

Further calling Woonsocket DHS services into question is Ramian’s assertion that staffing levels at the Woonsocket office will be reduced from 36 to 14. The 22 employees who will no longer be in Woonsocket are being relocated to Providence.

A drop to 14 staff members is a big reduction. The implementation of a new on-line system for determining eligibility and needs was supposed to be in place before the change in location and reduction in staff, but the new system is experiencing delays.

Ramian notes that “the [new] office space will be shared with a comprehensive multi-service, non-profit, health and human services agency, giving customers a one-stop service location. The office telephone and facsimile numbers will stay the same. She’s referring to Community Care Alliance, a multi-service not-for-profit health and human services provider consisting of the original community mental health center serving the 6-town region, a school, the Woonsocket Family Shelter, the Northern RI Family Visitation Center (for DCYF-involved families), a youth success program, day treatment, partial hospital and acute stabilization for substance use and co-occurring behavioral health disorders and more.

Calls to the DHS offices have not been returned.

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‘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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Grim Wisdom talks with Eliza Sher


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Eliza Sher (and her daughter)
Eliza Sher (and her daughter)

This week on the Grim Wisdom podcast I sit down with Eliza Sher, a RI psychotherapist working in Providence. (Yes, I’ve had her on before, but this time we were drinking!) Topics include current events in RI politics, as always, but also the dark places in the human psyche and the stories we tell ourselves about who we are (and who creates those stories? and why?). Did I mention we were drinking? Enjoy!

GoLocalProv misses the point, but good try


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Jason Knight
Jason Knight

Ultimately, the fault is with me, for not being more clear in my writing.

John DeSimone is a lawyer in private practice and he’s House Majority Leader in the RI General Assembly. When he crafts, shapes and votes on legislation, we trust that he will separate his two jobs in his mind. For instance, we trust that he will not allow the fact that he represents restaurant owners who engage in wage theft to shape the way he approaches restaurant and employment law. But in order for voters to be able to judge for themselves whether or not this is happening, they need to understand the kind of cases DeSimone is working on and what side he takes in these cases.

This is partly what I was trying to get at when I wrote about Leader DeSimone’s legal work for Chung Cho, owner of Gourmet Heaven, but there are other distictions to be drawn.

John DeSimone
John DeSimone

When GoLocalProv reporter and editor Kate Nagle read my piece, she was inspired. She attempted on Jason Knight, who is running in the Democratic primary against conservative Democrat Jan Malik in House District 57. (DeSimone, a conservative Democrat, is facing a challenge to his House seat from progressive Marcia Ranglin-Vassell, so the shape of the politics here becomes obvious.) Nagle wrote that Knight, “has represented DUIs, child pornographers, and sex offender clients since starting his own practice.”

Then she wrote, “The relevance of Knight’s practice and other attorneys running for office derives from a new focus on who candidates are representing in their practices. Last week, incumbent House Majority Leader John DeSimone came under fire for his representation of an accused wage-theft client. The criticism  came in part from RI Future‘s Steve Ahlquist, who wrote that voters ‘should know when the people we elect to represent us also defend the monsters who oppress us.’” [spelling corrected]

It’s nice to learn that GoLocal is learning about journalism from closely reading RI Future, but I think they might need a few more lessons. Nagle quotes me in the piece twice, without linking to my writing as I did for her above. (Here’s a handy guide to linking.)

“Voters should know when the people we elect to represent us also defend the monsters who oppress us,” I wrote, “Anybody being sued deserves legal representation, but using slick legal moves to avoid paying workers their earned wages is simply gross.”

Nagle also quoted my tweet about my story, in which I said, ”What attorneys do for their clients should be relevant to how voters perceive their ethical orientation.”

The tweet above was in answer to a criticism from Brandon Bell, director of the RI GOP. Bell tweeted, “As an attorney I am an advocate for client which does not equate with accepting or endorsing client’s alleged wrongdoing.”

In my retort to Bell I was making a subtle distinction. It’s not WHO you represent, it’s WHAT you do for them.

Jason Knight defined the role of a defense attorney very well when he was quoted by Nagle: “…in a criminal case, there’s a judge, a prosecutor and defender, and all three roles need to be done well for a just result. I need a fair judge, and a zealous prosecutor — and a defense attorney who basically keeps the prosecutor honest.”

In my piece about DeSimone, I wrote that DeSimone was not only defending Chung Cho on allegations of wage theft, he was actively helping Cho to sell his business in what the RI Center for Justice called “an attempt to evade liability.” I wrote:

“DeSimone filed Cho’s legal response to the Rhode Island lawsuit on May 11, 2015. About a week later, on May 20, 2015, Cho sold Gourmet Heaven to GSP Corp for half a million dollars. At least some of the transactional paperwork for this sale was prepared by DeSimone.”

This kind of slick legal maneuvering isn’t about keeping the prosecutors honest or achieving a fair trial, it’s about helping a boss to plead poverty and avoid paying workers who, absent wages, were essentially reduced to slavery conditions.

Rather than creating a list of people who committed terrible crimes and attaching them to DeSimone’s name, as Nagle did in her piece about Knight, I wrote a piece outlining the kind of legal maneuvers DeSimone engaged in to protect a wage thief from having to pay his employees.

Perhaps such legal maneuvering is perfectly legal. Perhaps it’s all in line with the professional ethics of being a lawyer. But is it right? And does it call into question DeSimone’s suitability for the elected position he holds?

I’ll let the voters decide.

More pertinent to the discussion at hand, is this what Nagle was attempting in her piece about Knight?

I’ll let the readers decide.

Patreon

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.”

Patreon

Calls in support for Senator Walaska are coming from state phone


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When a Warwick resident and doctor checked his phone between appointments, he saw an unfamiliar number. Looking it up, he learned that the call came from Child Support Services, a state agency.

“Good afternoon,” said a male voice on his voicemail. “I’m a representative of Senator Walaska. We’re looking for some support this election if you go out and vote in the primary we would greatly appreciate it. Thank you.”

After hearing the call, and believing the use of state phones for partisan campaign calls to be against the law, the Warwick resident, who asked not to be identified, contacted the Attorney General‘s office. They told him that the AG’s office is only interested in issues of campaign fraud. He was referred to the Secretary of State‘s office. The Secretary of State’s office was similarly disinterested, and referred him to the Board of Elections. According to the resident who sent me the call, the person from the Board of Elections searched through the relevant statutes in vain before giving up and telling the resident that he should call back when he learned exactly what law is being broken.

For future reference, that law seems to be:

§ 36-4-52. Restrictions on political activities of classified employees

No classified employee shall during working hours engage to any extent in any form of partisan politics except that he or she may attend and vote at any party caucus, primary, or election held during working hours. Outside of working hours a classified employee may attend any partisan political rally, club, or gathering and privately express his or her partisan political views but any further partisan political activity on his or her part shall be engaged in only in accordance with the personnel rules. A classified employee violating the provisions of § § 36-4-50–36-4-54, or of the personnel rules shall for a first offense be either demoted or dismissed and for a second offense dismissed. All charges of these violations shall be publicly heard by the personnel appeal board.

Robert Kando executive director of the Board of Elections could not be reached for comment.

John Marion of Common Cause said that the issue appears reminiscent of an ethics complaint against Susan Cicilline Buonanno when she ran for the House District 33 seat that Narragansett Democrat Donald Lally resigned. Buonanno, principal of Gladstone Elementary School in Cranston was accused of using school email and phones to advance her political campaign.

This case is different because it’s not the candidate, but someone claiming to represent the candidate who appears to be using state resources for partisan political purposes.

“As you might expect, using state work telephones for campaigning is forbidden, and so we would want to know if this sort of thing was taking place so that the charges could be investigated and suitable disciplinary action taken if warranted,” said Fred Sneesby, an administrator at Children’s & Family Services. The Warwick resident who sent me the call has been put in contact with Sneesby.

Contacted by phone, Senator Walaska, after I identified myself but before I could fully explain what I was calling about, said, “I know you don’t support me. I have no idea. I don’t know what you’re talking about.”

walaska callJeanine Calkin, a progressive Democrat who is running against the 22-year incumbent, said that her husband, Daniel Calkin, received a similar call. A photo of her husband’s phone is on the left. Daniel Calkin, listening to the audio above, said he was “pretty sure it’s the same guy.”

“This looks like a very clear-cut violation,” said Sam Bell, executive director of the RI Progressive Democrats.”Campaign calls should not be made from state numbers. Being able to direct state workers to campaign for a candidate gives an enormously unfair advantage to powerful incumbents.”

Requests for comment from Representative Joseph McNamara and Brandon Bell, respective chairs for the Democratic and Republican parties in Rhode Island have gone unanswered.

As for the Warwick resident and doctor who sent me the call, he says that he is “disinclined to vote for Walaska.”

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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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Franklin Graham’s hate and fear not wanted in Rhode Island


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Franklin_Graham_2016 (1)
Franklin Graham

Franklin Graham, son of the famous evangelist Billy Graham, is coming to the south steps of the Rhode Island State House on August 31 at noon, to preach his message of anti-LGBTQ, anti-Islam, pro-theocracy intolerance. Graham is visiting Rhode Island as part of a 50-state tour.  “I’m going to every state in our country,” says Graham on his website, “to challenge Christians to live out their faith at home, in public and at the ballot box—and I will share the Gospel.”

Graham’s gospel includes the demonization of those who don’t subscribe to his narrow, biblical world view. Graham “and his pals,” writes Rob Boston, director of communications at Americans United for Separation of Church and State, “lost the marriage equality case at the U.S. Supreme Court, but they didn’t let that slow them down. Almost immediately, they started attacking the transgender community.”

Graham’s tour is timed to have maximum impact on the coming presidential election, even as he tries to pretend that his message somehow transcends politics. “I am running a campaign, but I am running a campaign for God,” says Graham on his 50-state tour website. His message isn’t one of unity and peace, it’s one built on the familiar right-wing tropes of hate and fear.

“The secularists, the progressives, many of these people, most of them are people that would be atheistic, and we have taken God out of our country,” said Graham during his Facebook live prayer event, scheduled before the start of the Republican National Convention, “We have taken Him out of our nation; we have taken Him out of our government. We have taken Him out of the education system, and our country is beginning to implode. We’re on the precipice of anarchy.”

Graham reserves his most vile verbal venom for members of the LGBTQ community. “I want the school boards of America in the hands of evangelical Christians within the next four to six years,” said Graham to Fox NewsTodd Starnes, “And it can happen and that will have a huge impact because so many school districts now are controlled by wicked, evil people, and the gays and lesbians, and I keep bringing their name up, but they are at the forefront of this attack against Christianity in America.”

Franklin went to Russia in 2015 to praise “President Vladimir Putin’s protection of ‘traditional Christianity,’ including the passage of the 2013 ‘gay propaganda’ law that effectively criminalizes pro-gay-rights speech and advocacy.”

While in Russia, Graham didn’t miss his chance to put down the country of his birth. “[T]he situation in the US regarding religion is in decline. Secularism, which is almost no different from communism, is an atheistic movement. Our country is becoming more and more secular, more atheist, taking God out of government, taking God out of schools. We are witnessing America losing many religious freedoms. In your country over the past 30 years, we have seen positive changes. But over this same period of time in the US, the changes have been negative.”

If you’re not convinced that Franklin Graham is a monster, consider that he called the “first national monument to the gay rights movement near the site of the Stonewall protests in New York City” an “Unbelievable… monument to sin,” adding, “It’s no surprise that the three officials who represent the area and support the monument are all openly gay.”

Consider that Graham told a capacity crowd in Alabama that the idea of separating church and state is “just a lie that the enemy uses to try to keep your mouth shut.”

Consider that he lead the effort to boycott Girl Scout cookies because of the group’s acceptance of lesbian, bisexual, queer and transgender youth, saying, he “won’t be buying any Girl Scout cookies this year.”

Then there’s Graham’s anti-Islam rants, a featured part of his public comments and sermons since 9/11. In the aftermath of the attacks, writes William Alberts in Counterpunch, Graham called Islam a “very wicked and evil religion.” In the same Counterpunch piece Alberts wrote:

Rev. Graham’s glorification of his brand of Christianity depends on him condemning Islam as a “violent form of faith,” which led him to do violence to Islam with this glaring lie: “‘Nowhere in its history gives proof of peace (italics added).’” He continued, “‘Islam itself has not changed at all in 1500 years . . . It is the same. It is a religion of war.’” He cited the Islamic State, the Taliban and Boko Haram, and concluded, “This is Islam. It has not been hijacked by radicals. This is the faith, this is the religion. It is what it is. It speaks for itself.”

In Rhode Island, the LGBTQ and Muslim communities have united against hate and violence, especially in the wake of the Orlando shootings. When a mosque was vandalized in North Kingstown, members of the LGBTQ community attended an interfaith vigil in support.

Franklin Graham is visiting a state that was founded on principles diametrically opposed to his brand of intolerance, fear and stupidity. I am confident he will not find fertile ground for his bigotry in the state founded by Roger Williams.

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Leader DeSimone’s legal skills help wage thief


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John DeSimone
John DeSimone

House Majority Leader John DeSimone is also a lawyer and one of his clients is Chung Cho, a restaurant owner who was fined for wage theft in Connecticut and, more recently, faces a lawsuit for allegedly stealing wages from his employees at Gourmet Heaven in downtown Providence.

“Defendants are without sufficient knowledge or information to admit or deny that plaintiffs were employed by Gourmet Heaven,” wrote DeSimone in a court filing on behalf of Cho.

Cho is facing a lawsuit from eight workers in Rhode Island for unpaid wages in violation of the minimum wage and overtime provisions of the federal Fair Labor Standards Act and the Rhode Island Minimum Wage Act. The eight workers are being represented by Robert McCreanor and Marissa Janton of the RI Center for Justice. Gourmet Heaven, which Cho recently sold, has been the center of several public demonstrations.

In Connecticut, Cho was charged with “42 felony and misdemeanor counts of wage theft, larceny, and defrauding immigrant workers after a 2013 Connecticut Department of Labor investigation found that Cho owed over $218,000 in unpaid wages” to two dozen restaurant employees, according to a court filing.

Gourmet Heaven 010The Center for Justice initially filed its lawsuit in February, 2015, after “several requests for extension of the deadline for filing responsive pleadings”. DeSimone filed Cho’s legal response to the Rhode Island lawsuit on May 11, 2015. About a week later, on May 20, 2015, Cho sold Gourmet Heaven to GSP Corp for half a million dollars. At least some of the transactional paperwork for this sale was prepared by DeSimone.

Gourmet Heaven 004GSP Corp had come into existence about a month earlier, on April 9, “listing 173
Weybosset Street … as its address and Dae Hyun Yoo as its registered agent,” according to the lawsuit. Gourmet Heaven was incorporated at this address, which is also where the restaurant is located. “Dae Hyun Yoo (aka David Yoo) is the Chief Executive Officer of B.C.S. International Corporation (B.C.S.), a wholesale food supply company,” according to the filing. “While operating Gourmet Heaven, LLC, Defendant Chung Cho regularly ordered inventory from B.C.S. and two of its subsidiaries, Hyun Dai International Food Corp and New York Cheese Corp.”

DSC_2087-421x600 (1)After the sale was finalized on September 14, “$225,389.11 of the $500,000 purchase price was paid directly to B.C.S., Hyun Dai International Food Corp, and New York Cheese Corp, purportedly to satisfy existing debts.” In the closing statement, Chung Cho is listed as receiving only “$1,620.78 from the $500,000 purchase price” after other debts were settled.

In response to this “sale” (quotation marks are included in the complaint) the Center for Justice amended its complaint to include GSP Corp as a defendant., believing the “sale” is merely an attempt to evade liability. GSP Corp hired Brian LaPlante and Michael J Jacobs as lawyers and have moved to have the complaint against them dismissed. A judge will hear the motion on September 20.

Selling the business and pleading poverty to avoid responsibility seems to be Cho’s signature move. One month after he was arrested in Connecticut, he sold his Connecticut Gourmet Heaven stores to Good Nature Café Inc, which was incorporated the previous October.

After selling his Connecticut stores, “on September 30, 2015 Defendant Chung Cho filed for personal bankruptcy in Connecticut,” says the complaint, “In December of 2015 Defendant Chung Cho testified at a hearing in Connecticut that he has no assets, contradicting a previous sworn statement that he possessed between $1 million and $10 million in assets.”

Back in Providence, on September 16, 2015, GSP Corp took over operation of the store located at 173 Weybosset Street, and renamed it Serendipity Gourmet. “The store continues operation at the same address, with many of the same employees, and sells the same products. The signage on the store uses the same font and colors, and the word ‘Gourmet’ still appears in the name. Signs on the exterior of the store proclaimed that it was ‘under new management.’”

In March of this year, GSP Corp applied for a new food dispenser and holiday sales license with the Providence Board of Licenses for their newly minted Serendipity Gourmet. The board’s attorney is Louis DeSimone, Representative John DeSimone’s cousin.

Voters should know when the people we elect to represent us also defend the monsters who oppress us. Anybody being sued deserves legal representation, but using slick legal moves to avoid paying workers their earned wages is simply gross.

DeSimone is facing a challenge to his House seat from Marcia Ranglin-Vassell.

DeSimone did not respond to requests for comment.

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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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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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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.


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