Senator Whitehouse is fighting ‘dark money’ in Washington


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

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

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

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

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

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

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

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

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

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

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Community groups pressure PVD City Council on Community Safety Act


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Dan and Malcus Mills
Dan and Malcus Mills

Members of the Coalition to Pass the Community Safety Act (CSA) spoke out before Thursday night’s Providence City Council meeting about the importance of empowering local communities on policing.

“Providence needs the Community Safety Act because without it we feel unsafe,” said campaign coordinator Vanessa Flores-Maldonado in a statement. “The Coalition hopes that a public hearing will speak loudly to the need of an ordinance that seeks to hold police accountable when they harass and brutalize our community.

The Coalition, which is comprised of local community organizations and members, had previously submitted a petition on July 1 to have the city council hold a public hearing before going on their August break. However, the 90+ signatures submitted took 3 weeks to verify and no public hearing was scheduled within the 14 days required by the City Charter.

Malcus Mills of DARE (Direct Action for Rights and Equality) introduced three speakers, Dan, representing PrYSM (Providence Youth Student Movement), Wayne Woods of DARE, and Justice, speaking for RI Jobs with Justice.

Dan spoke about the gang database used by the Providence Police Department. If a youth is placed on the gang database list, they have no ability to remove their name or even check to see if their name is on the list. This may result in loss of job and educational opportunities in the future.

Right now, said Dan, the police, “judge people by their appearance, their race, gender etc, and they will say you are guilty… because they think you are part of a gang.”

Wayne Woods spoke of being profiled and pulled over on the East Side of Providence. After being removed from his car, searched, and then waiting for 20 minutes as his car was searched by police, he and his friend, both black men, were sent on their way. The police told the men, “To go home and take it easy.”

If the CSA were passed, said Woods, the car could only have been pulled over for probable cause and the police would have to issue a receipt to people they detain, outlining the conditions of the probable cause.

“A big part of why the CSA needs to be passed is so that we can hold people accountable to what they’re doing,” said Justice, representing Jobs with Justice. “Civil servants and law enforcement should be accountable just like other working people, and we need to be able to protect the people of Providence, we need to be able to protect the youth of color in Providence.”

The Providence Community Safety Act is a city-wide proposed ordinance that aims to hold police accountable and make communities safer. Developed by community members and organizations who are frustrated with police harassment and lack of accountability, the CSA has 12 key points that outline how police officers should interact with community members. These points range from video recording to traffic stops to the gang database.

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:

 

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:

 

‘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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Trump hits Minneapolis, the city hits back


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Yusuf Dayur
Yusuf Dayur

Coincidentally, Republican presidential nominee Donald Trump came to Minneapolis MN on the same day I made my first visit to the city. This turned a day that I had planned to spend sightseeing into a day of traveling to three different anti-Trump events.

“Trump’s rhetoric is creating an unsafe environment for the Muslim community, for the Somali-American community, and we have seen an increase in Islamaphobia and anti-Muslim efforts across the state of Minnesota,” said Jaylani Hussein, executive director of the Council of American-Islamic Relations- Minnesota (CAIR-MN), “We have seen, just a few weeks ago, an incident involving five young Muslim men who were shot… we believe that incident is a hate crime.”

Hussein believes that Trump’s extremist rhetoric is creating a hostile, unsafe environment for Muslim Americans and immigrants, and the effects are being felt by the most vulnerable.

Hussein introduced 13-year old Yusuf Dayur who has been experiencing bullying in his school because he is a Muslim. Hussein suggested that Dayur might one day be president. Though Dayur’s school is very proactive in providing Dayur time and space in which to pray, some of his fellow students do not trust him because he is a Muslim. Dayur bravely fought back tears as he described the difficulties he faces.

Jaylani Hussein’s full comments:

2016-08-19 Cosecha MN 003After the press conference I headed across town to the Minnesota State Republican Offices where Cosecha Minnesota was holding a “Wall Off Trump” event. Cosecha is “a nonviolent decentralized movement that is focused on activating our immigrant community and the public to guarantee permanent and humane protection for immigrants in this country.”

Estaphania and another woman explained that their protest, in which they painted a wall, like the one Trump is promising on the Texas-Mexico border, is meant to draw attention to Trump’s extremist rhetoric that threatens the health and safety of immigrant Americans.

2016-08-19 MN Convention Center Protest 066My last stop was at the Minneapolis Convention Center, where people representing virtually everyone Trump has ever publicly maligned, including immigrants, black Americans, members of the LGBTQ community, women, Muslims, indigenous Americans and more, gathered together to denounce Trump ahead of his visit to a large donor rally.

This protest was organized by MIRAc, the Minnesota Immigrant Rights Action Committee, a group that, “fights for legalization for all, an end to immigration raids & deportations, an end to all anti-immigrant laws, and full equality in all areas of life.”

2016-08-19 MN Convention Center Protest 009Trump did not make a public appearance in Minnesota, or even speak to the press. He spoke to donors only at the Convention Center. But his very presence in the city was enough to galvanize this group to come out to speak, sing, dance and chant their opposition to Trump being president.

According to the Minnesota Star Tribune, after this event, as Trump donors left the convention center, they were confronted by angry demonstrators. “The demonstrators who harassed donors were not present earlier on, when the protest was peaceful. Many in the later group hid their faces behind scarves,” writes reporter Patrick Condon, “Minneapolis police spokeswoman Sgt. Catherine Michal said there were no arrests and no reported injuries. There was, however, minor damage, including graffiti on the walls of the Convention Center, and officers had to escort Trump supporters in and out of the lobby because they were being harshly confronted, Michal said.”

Below are the rest of the pictures and video from the three events.

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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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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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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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Workers demand pay in early morning action


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2016-08-04 Fuerza Laboral 011
David Civetti

David Civetti, CEO of Dependable and Affordable Cleaning Inc, got a wake up call early Thursday morning about the importance of paying employees for work done.

At about 6am over a dozen people from Fuerza Laboral arrived at Civetti’s Johnston home and knocked on his door, waking him from his sleep. Fuerza maintains that on May 26-29, Civetti’s company “assigned a group of workers to clean apartments located in the area surrounding Providence College. After the job was completed, 8 workers were not compensated for those 4 days, 11 hours a day.”

2016-08-04 Fuerza Laboral 009The excuse given at the time was that Civetti was not satisfied with the work that had been done, say the workers.

“What’s the problem?” asked Civetti answering the door after protesters rang his bell and yelled for him to come outside and talk with them. “I have no idea who anybody is. I have no idea who you are.”

“No?” asked a woman incredulously, “Do you know her? Do you know him?”

“No,” said Civetti, before eventually admitting that he recognized one of the workers present.

2016-08-04 Fuerza Laboral 003“You need to pay your workers,” said Heiny Maldonado, executive director of Fuerza Laboral.

Civetti shrugged. “Everybody who works for me gets paid.”

“Let me ask you a question,” said Civetti, “Did I hire you? Or did someone else bring you to work with them?”

“We worked for you.”

“Did I hire you?” asked Civetti again. “Rosa hired you. Did Rosa bring them? Rosa and Chris brought them to a job. I didn’t hire them.”

2016-08-04 Fuerza Laboral 010“We know the game,” said Raul Figueroa, organizer for Fuerza, “we deal with it every day.”

The game Figueroa was referring to is the practice of classifying some workers as subcontractors in an attempt to circumvent labor laws. By hiring people on as subcontractors, some companies try to avoid the costs associated with properly hiring workers and sometimes manage to not pay workers at all.

“We use sub-contractors from time to time,” admitted Civetti. “Rosa and Chris are sub-contractors. They are responsible for paying [their employees].”

2016-08-04 Fuerza Laboral 005Claiming that the workers were hired as subcontractors doesn’t let Civetti off the hook says Marissa Janton, a lawyer with the Rhode Island Center for Justice, a public interest law office that has teamed up with Fuerza Laboral. Under the law, an employer is defined by what he does, she said.

According to Janson, Civetti “directly employed” her clients. Civetti met them at a house on Eaton St. near Providence College where he keeps his cleaning supplies. He set their $10 an hour pay rate and assigned them to the houses they needed to clean. After they finished a house, the workers called Civetti who told them which house they needed to clean next, said Janson.

This all adds up to being an employee, maintains Janson, not a sub-contractor.

2016-08-04 Fuerza Laboral 013Workers at the early morning action reminded Civetti that they were given tee shirts emblazoned with the company logo to wear while they worked. Civetti said that he gives out lots of tee shirts, and asked if wearing a Dunkin Donuts tee shirt means he works there.

“It does if you’re pouring coffee,” said Justin Kelley, who assisted Fuerza as the police liaison for the morning’s action.

Ultimately, after nearly a quarter hour of contentious conversation, Civetti agreed to meet with the aggrieved workers to settle the issue next week.

Driving to Civetti’s home, the group passed many campaign signs advertising a Civetti running for the Johnston City Council. When asked about the signs Civetti replied that the signs were for his brother, Robert Civetti, a longtime Johnston resident and accountant

Not getting paid for work is something few of us can afford, but this practice seriously impacts low wage workers. Everyone needs to eat and pay rent after all, and a week working without pay is a serious injustice.

“It’s sad and disappointing to work so hard for someone who ends up stealing your wages, after working for over 40 hours,” said Maria Hoyos, one of the affected workers. She was involved with a direct action several years ago, demanding lost wages for other workers. She never thought this would happen to her. “Being told that your work was not done properly, just to use it as an excuse to not pay you is not only wrong but immoral.”

Below is the full interaction between Civetti and Fuerza Laboral.

2016-08-04 Fuerza Laboral 012

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People’s Power and Light opposes National Grid plan


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2016-08-02 RIPUC 006 Pricilla De la Cruz
Pricilla De La Cruz

On the evening of Tuesday, August 2nd People’s Power & Light testified at the Public Utilities Commission, on behalf of Rhode Island consumers and electric ratepayers, against National Grid’s proposal to recover costs from the proposed Access Northeast natural gas pipeline through an electricity ratepayer tariff.

People’s Power & Light expressed several reasons why the Commission should reject National Grid’s Request for Approval of a Gas Capacity Contract and Cost Recovery, Docket 4627, and instead seek alternative resources to meet the region’s energy demand during peak winter times, such as renewable energy, energy efficiency, storage, and demand response. We expressed disagreement with the unprecedented proposal that electric customers pay for additional natural gas infrastructure. Why should consumers take on the long-term risk of a new, unnecessary natural gas pipeline?

People’s Power & Light’s public and written comments:

As a pro-consumer and pro-environment nonprofit organization, we at People’s Power & Light encourage the Commission to reject National Grid’s Request for Approval of a Gas Capacity Contract and Cost Recovery.

The pipeline tax is an outdated approach that conflicts with the widespread sustainability efforts that Rhode Island is already implementing across sectors.

The 2014 Resilient RI Act sets specific greenhouse gas reduction targets at 80% by 2050, with interim targets of 10 percent below 1990 levels by 2020 and 45 percent by 2035. Energy planners have an obligation to implement policies and projects that keep Rhode Island on track to meet those goals. As the Ocean State, we are especially vulnerable to the impacts of climate change; building additional natural gas infrastructure sets us back in the wrong direction and will only serve to increase polluting emissions.

When more consumers learn that they could be on the hook for the pipeline expenses, we can expect to hear more voices of opposition. In our neighboring state Massachusetts, legislation was submitted to prohibit the imposition of a pipeline tax on electricity ratepayers; the measure passed the Senate and a strong majority of the House signed a letter expressing support for the prohibition. We anticipate that a similar measure would see success here in Rhode Island if put to a vote in the General Assembly. Local constituents want to see our state reduce fossil fuel consumption cost-effectively and diversify our local energy mix with more efficiency and renewable sources. A new natural gas pipeline puts the long-term risk on ratepayers who do not want the pipeline in the first place. A recent poll conducted by our sister organization Mass Energy Consumers Alliance demonstrated overwhelming support to ban ratepayer financing of the Access Northeast pipeline. By a margin of over two to one (70%-30%), participants preferred alternatives to natural gas pipelines.

We must protect electric customers from being charged for a natural gas pipeline. Thank you for your time and for the opportunity to submit comments.

National Grid wants RI ratepayers to guarantee its profits


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2016-08-02 RIPUC 010 National Grid Reps
Reps for National Grid did not speak

National Grid is requesting that the Rhode Island Public Utilities Commission (RIPUC) approve a 20-year gas capacity contract” with Algonquin Gas Transmission Company LLC (Algonquin) for natural gas transportation capacity and storage services on Algonquin’s Access Northeast Project (ANE Project).”

The multinational energy conglomerate not only wants Rhode Island ratepayers to subsidize the construction of fracked gas infrastructure, they want consumers to ensure that the project is profitable for the company.

Part of National Grid’s 572 page application includes “a Capacity Cost Recovery Provision tariff, which allows the Company to recover all incremental costs associated with the ANE Agreement, as well as the Company’s proposed financial incentive.” Understand that when National Grid says “financial incentives” they are talking about company profits.

The logic that National Grid is using to claim the right to tariffs is that the RIPUC has allowed such charges when it comes to “long-term renewable electricity for retail customers from wholesale power providers.” [emphasis added] In other words, because the government has taken an interest in expanding renewable energy sources like wind and solar, and allowed tariffs to support these efforts, National Grid argues that it should be allowed similar considerations for fossil fuels such as fracked gas.

2016-08-02 RIPUC 006 Pricilla De la Cruz
Pricilla De la Cruz

National Grid owns a 20 percent stake in the ANE Project, so Rhode Islanders will be ensuring that the company generates a profit as they buy fracked gas from themselves if the RIPUC approves this request.

A similar tariff stalled in the Massachusetts legislature, where the state Senate unanimously rejected the idea but the session ended before a House vote. The Massachusetts Supreme Court is deciding on the validity of the tariff, since the Massachusetts PUC approved the idea.

National Grid also asked that their request be approved “as expeditiously as possible,” meaning that they want the decision fast tracked. As a result, the public comment meeting held last night at the RIPUC offices in Warwick was the first and last opportunity for public comment, unless RIPUC commissioners Margaret Curran and Herbert DeSimone III decide to hold another public comment meeting. (The third member of the RIPUC board, Marion Gold, has recused herself.) Written comment can be sent to thomas.kogut@dpuc.ri.gov. Mention that you are commenting on Docket No. 4627.

The first speaker of the night, Doug Gablinske of The Energy Council of New England (TEC-RI), was also the only speaker in favor of the idea. Gablinske called the project “a novel approach” and said that “it’s good for ratepayers, for employees, for employers and for business.”

Doug Gablinske
Doug Gablinske

From there, things went downhill pretty quickly.

Calling the tariff an “unprecedented charge” Priscilla De La Cruz of the People’s Power and Light called on the RIPUC to reject National Grid’s request. “Why should consumers take on the risk of a new, unnecessary gas pipeline?” De La Cruz maintained that the entire idea conflicts with the goals of the 2014 Resilient Rhode Island Act. (You can read De La Cruz’s full testimony here.)

Lynn Clark came down from Burrillville, wearing her “No New Power Plant” tee shirt to argue against the proposal. She said that allowing National Grid to pass the costs of their LNG project onto consumers adds “insult to injury” to everyone living in her part of the state.

Other states did comprehensive studies before considering pipeline tariffs, said Nick Katkevich of the FANG Collective, who has been fighting pipeline projects in and around Rhode Island for three years. Massachusetts and Maine have both produced studies that concluded that pipeline tariffs are a bad idea, said Katkevich. “It’s shameful that National Grid wants to have guaranteed profits as part of this,” said Katkevich. “They don’t care about people. They don’t care about people’s utility rates… if they did they wouldn’t put guaranteed profits in there.”

“No one wants these pipelines,” said Katkevich, “across the region people are resisting the first of the three Spectra expansions… There have been 240 people arrested as part of direct action in New York, Connecticut, Rhode Island and Massachusetts.”

If you have an opinion on this project, you can send it to Luly.massaro@puc.ri.gov. Mention that you are commenting on Docket No. 4627.

Below find all the testimony from the hearing.

Herbert DeSimone III
Herbert DeSimone III
Margaret Curran
Margaret Curran
Lynn Clark
Lynn Clark
Mark Baumer
Mark Baumer
Donna Schmader
Donna Schmader
Lauren Niedel
Lauren Niedel
Laura Perez
Laura Perez

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Malala Yousafzai comes to Providence, talks education and Pokémon


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2016-07-28 Malala 200032To her fans and supporters all over the world, she is Malala. She is a superstar. But when she arrived in Providence the night before her appearance at the Dunkin Donuts Center, no one recognized her.

On her first night in our city, Malala Yousafzai, youngest ever recipient of the Nobel Peace Prize, ate at the restaurant India on the East Side. In her telling, she ate too much and decided to go for a walk in the park with her father. In the park, she says, “Nobody was even looking at me.” Everyone was too busy playing Pokémon Go. Nineteen year old Malala knew about the game, her brothers play it, but her father did not know about it. They talked to a couple of players, asking them to explain the game. Her father still doesn’t understand the game. Malala doesn’t play but she is happy that the game gets her brothers out of the house, instead of keeping them indoors playing games on the television.

It’s such an ordinary story, yet Malala Yousafzai has not had an ordinary life.

2016-07-29 Malala in PVD 005
A young Malala fan holds a sign for the crowd

On October 12, 2012, Malala Yousafzai, already an outspoken education advocate, was 15 years old when two members of the Taliban, no older than she, got on her school bus in Pakistan and shot her in the head. As Malala spoke about that day before an audience of 6,000 in Providence Thursday evening, she said, “It was the longest bus ride. I still haven’t arrived at my home in Swat Valley.”

Malala doesn’t remember the day of her attack. She was taken from hospital to hospital before ending up in Birmingham, England. After multiple operations and procedures she says is well and nearly fully recovered. About the men who shot her, Malala said, “The two boys who attacked me are about the same age as me. They were brainwashed. I blame the ideology. Islam doesn’t allow anyone to kill another person. Forgiveness is the best revenge.”

“The terrorists tried their best,” said Malala, “and I realized that even God is supporting me. Even Death is supporting me. Death doesn’t want me.”

2016-07-29 Malala in PVD 006When Malala was 11 the Taliban took over her homeland in Swat Valley, Pakistan. The Taliban stopped her education. “Women’s rights and dignity were taken away… That was a very hard time.” On her last day of school, Malala says she “decided to speak out for [her]self and all the girls in [her] community.”

She wrote about life under Taliban control and the need for education for women for the BBC and was profiled and wrote for the NY Times. When her name and the name of her father, Ziauddin Yousafzai, a school principal, was revealed on the radio, she became a target.

Since her recovery Malala has become an outspoken advocate against terrorism and for women’s rights. She has spoken out against child labor and child trafficking. She became the youngest recipient of the Nobel Peace Prize in 2014, sharing the honor with Kailash Satyarthi, a children’s rights activist from India. Malala, ever humble, doesn’t see the Nobel Prize as something she received. She sees it as an award recognizing the importance of children.

2016-07-29 Malala in PVD 007Malala doesn’t see herself as special. “There are amazing girls in Swat Valley better than me,” she said, “but their parents did not allow them an education.” Malala’s father supported his daughter’s right to an education. When people ask her father what he did to raise such a daughter, says Malala, her father answers that it’s what he didn’t do that is important.

“I didn’t clip the wings of my daughter,” says her father.

Channel 10’s Patrice Wood conducted Malala’s interview, but at one point, Wood handed over the questioning to Hilde Lysiak, a nine year old reporter who publishes The Orange Street News. Lysiak’s reporting came under fire earlier this year when she covered a murder that took place near her home. Many were outraged that a cute nine-year old girl was covering a terrible murder. Lysiak struck back with a masterful video telling people who didn’t like her reporting, “If you want me to stop covering news, then you get off your computers and do something about the news. There, is that cute enough for you?”

2016-07-28 Malala 195937Lysiak’s short, on-stage interview with Malala demonstrates Malala’s commitment to women’s rights and the power of young girls. She was excited to answer Lysiak’s questions. To Malala education means allowing children the right to question and giving them access to critical thinking skills.

“Believe in yourself,” said Malala several times.

Malala is a devout Muslim. She wears a headscarf but balks at covering her face, as is the tradition for many. She believes that women should make their own choices. “Freedom means I wear the headscarf, as is my right,” said Malala. “I don’t feel comfortable covering my face, because that is who I am.”

As for being a young woman meeting with presidents and prime ministers, Malala says she is not afraid of powerful world leaders.  “Am I afraid of presidents?” she asked, “Presidents should be scared of me because I’m speaking for the people.” It is the government’s responsibility to provide “complete, quality education for every child.” And Malala intends to hold governments and leaders to this obligation.

“Terrorists,” said Malala, “understand how important education is.”

In the video below, a choir sings a song written to honor Malala, and she joins them on stage.

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Raimondo: Clinton nomination ‘a historic moment’


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Screen Shot 2016-07-28 at 2.22.21 PMIt’s too easy to make a mountain over Mika Brzezinski‘s mistake in referring to Governor Gina Raimondo as a Republican. (I engaged in this myself on Twitter when I first heard the news, learning the hard way that @MorningMika is a woman.) But far more should be made of Raimondo’s statement regarding her rushing home so that she can watch Hillary Clinton‘s acceptance speech with her daughter.

“I’m racing home tonight to watch [Clinton’s] speech with my 12-year old daughter because I want to be there with my daughter. This is real. This is an historic moment,” said Raimondo.

Love Hillary Clinton or hate her, Governor Raimondo is right, this is a historic moment. The first woman presidential nominee from a major party in the history of the United States is accepting the nomination this evening. As the father who attempted to instill a confidence about their full equality in his two daughters, I can’t help but feel this historic moment intensely.

The election will play out as it must, and the politics will be dark and dirty and full of terrible reveals. I don’t expect a Clinton campaign to solve the problems of misogyny any more than Obama’s presidency solved the problem of racism. Should Hillary Clinton become president, I don’t expect her to be a great progressive leader any more than Governor Gina Raimondo, the first woman governor of Rhode Island, is. I’m not naive about the politics, or the stakes in this election.

But let’s pause a moment on this historical day and reflect.

Here’s Gina Raimondo’s full appearance on Morning Joe.

Nuns on the Bus visit RI


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2016-07-23 Nuns on the Bus 2683The Nuns on the Bus came to Providence Saturday night as part of a 13 state tour that ended at the Democratic National Convention in Philadelphia. At each stop, the Nuns held meetings where concerned residents could share their concerns about a range of topics – including tax justice, living wages, family-friendly workplaces, access to democracy, healthcare, citizenship and housing. These meetings were held under the general title of “Mending the Gaps” and the discussion points and concerns from each meeting are to be delivered in Philadelphia.

The Nuns arrived at St. Michael’s Church in South Providence to the music of the Extraordinary Rendition Band and St. Michael’s own drummers.

During the discussions the Nuns learned about the obscene child poverty rates in Rhode Island, the criminality and disconnect of many of our elected leaders and our state’s support for the fossil fuel industry and the environmental racism such support entails. The meeting filled the basement of St. Michael’s.

From Providence the Nuns headed to Hartford, Scranton and Newark before arriving in Philly on  July 26. You can follow their progress here.

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LNG as bad as coal, or worse says new report


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2016-07-27 Toxics 3062
Ben Weilerstein

A new report released by Toxics Action Center, Frontier Group, Environment America and more than a dozen community groups across New England finds that burning gas for electricity is as bad for the climate as coal, or worse.

The report, titled “Natural Gas and Global Warming: A Review of Evidence Finds that Methane Leaks Undercut the Climate Benefits of Gas,” shows that older claims that gas has a modest impact on the climate are wrong, as they fail to account for the greenhouse gas effect of methane and high rates of methane leaks from gas infrastructure.

Ben Weilerstein, eastern Massachusetts and Rhode Island organizer with the Toxics Action Center, held a press conference outside the RI State House with Kathy Martley of BASE (Burrillville Against Spectra Expansion). Martley has been fighting the expansion of fracked gas infrastructure in Burrillville for years, and was the woman responsible for getting Governor Gina Raimondo to visit the town to discuss Invenergy‘s planned $700 million fracked gas and diesel oil burning power plant.

2016-07-27 Toxics 3070“For years, communities on the frontlines of proposed pipelines, power plants, compressor stations, and LNG terminals have been told by the fossil fuel lobby and politicians that gas is a low-carbon bridge to a clean energy future,” said Weilerstein. “Today, it’s clearer than ever that this is not the case. New fracked gas infrastructure proposed across the region threatens our climate future, our health, and our neighborhoods. It’s time to double down on clean local renewable energy sources right here in New England.

“Methane can leak during every stage of natural gas production – during drilling, processing, and even from the pipeline,” said Elizabeth Ridlington of Frontier Group in a statement. Ridlington wrote the report, saying, “Our review of the evidence suggests that these leaks may have an annual global warming impact equivalent of up to 250 coal-fired power plants, enough to nearly or completely offset any other climate benefits of natural gas.”

Released simultaneously in seven New England cities and towns today, the report emphasizes that methane is a much more powerful greenhouse gas than carbon dioxide, trapping 86 to 105 times as much heat as CO2 over a 20-year period. Making these findings even more concerning, the report authors found flaws in studies that reported very low rates of methane leakage, finding evidence instead of high rates of methane leaks from gas infrastructure.

Kathy Martley noted that reports like this have been coming out for years, and that it’s time for the Governor Gina Raimondo and Rhode Island Senators Sheldon Whitehouse and Jack Reed to read these reports and act. “For health and environmental reasons we need to stop LNG now,” said Martley.

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CLF makes its case against need for Burrillville power plant at RIPUC hearing


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2016-07-26 PUC Burrillville 3026
Robert Fagan

On the second day of the RI Public Utilities Commission (RIPUC)’s evidentiary hearing concerning Invenergy‘s proposed $700 million fracked gas and diesel oil burning power plant, to be located in Burrillville, Jerry Elmer of the Conservation Law Foundation (CLF) presented his witnesses who argued that the power plant is not needed and that it’s effect on ratepayers would be negligible.

The CLF’s case is one of nuance, and much depends on the views of Commissioner Herbert DeSimone Jr. DeSimone is the one commissioner on the PUC board that did not recuse themself, and the one commissioner who will write the RIPUC’s advisory opinion to the Energy Facilities Siting Board (EFSB), the body ultimately responsible for deciding on the plant. Invenergy is making the case that since the proposed plant has already sold half its capacity in an energy futures market run by ISO-NE, the plant is by definition needed. This is the default position not only of Invenergy, but also of the RI Office of Energy Resources (OER) and the RIPUC, if the questioning from their attorneys at the hearing are any indication.

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Alan Shoer and National Grid’s rep conversing

The CLF is maintaining that what ISO-NE did was purchase extra power, and if Invenergy’s plant is taken out, there will still be more than enough electricity on the grid to power all of New England. Also, going forward, as more and more renewables come on line, the need for the plant will go down, not increase. Unfortunately, ISO-NE is somewhat of a black box. Though they publish thousands of pages on how their energy auctions are run, figuring out why one plant’s energy was purchased and another was not is virtually impossible, and no one from ISO-NE was at the hearing to answer questions.

As for ratepayer savings, on the first day of the hearing Invenergy’s attorney Alan Shoer called his witnesses and made his case that the savings to ratepayers would be significant. On the stand, John Niland, director of development for Invenergy admitted that the $280 million number he gave to Burrillville residents earlier in the year was false, and that he knew it was false when he presented it. The true number was closer to $36 million in rate payer savings.

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All lawyers at the bench for a huddle

The CLF’s witness, Christopher Stix, also ruled out the $280 million number, saying it took him one week after the ISO-NE auction results were published to perform his calculations that the actual savings ranged from between zero and $36 million. John Niland testified that Invenergy did not know this number when he falsely gave the $280 million figure to the audience in Burrillville seven weeks after the auction published its results.

It is up to DeSimone to decide whether or not a savings of between zero and $36 million to rate payers is worth the additional pollution, the despoilment of Burrillville’s pristine habitats and the continued dependency on fracked gas for our energy needs in New England for decades to come. It is worth noting that $280 million was a number too big to ignore, from an economic standpoint, where as zero to $36 million (which is a bell curve, the actual number may be closer to $20 million) is not nearly as tantalizing.

The CLF’s first witness, Robert Fagan, testified for a marathon five hours.

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Christopher Stix

“We know now is that the Invenergy plant is not needed for electrical needs in New England,” said Fagan, and under cross examination he did not falter.

Getting through Fagan’s testimony required defining a host of terms and acronyms. ICR, LOLE, NERC, sloping versus vertical demand curves etc. were defined and discussed. It was very technical, but it served two functions. One, it established Fagan’s expertise, something Invenergy tried to call into question in pre-filed testimony, and two, it helped prove Fagan’s case that the proposed power plant was not necessary.

Though high-powered attorneys Alan Shoer and Jerry Elmer set the tone for the meeting, it’s most likely that RIPUC attorney Cynthia Wilson-Frias will have the most impact on Commissioner DeSimone’s advisory opinion, given that she will likely help author it and DeSimone can be expected to lean heavily on RIPUC’s in house legal expertise. Wilson-Frias asked pointed questions about the fact that Invenergy already sold some of its expected output to ISO-NE. She indicated that since the energy sold, it is by definition needed. Fagan countered this logic well, his entire testimony was in fact a rebuttal of sorts to this idea, so it comes down to how much weight Wilson-Frias gives Fagan’s views versus the more mainstream “free” market ideas favored by Invenergy.

The last day of the hearing is today, and unfortunately I will not be in attendance. I hope to get an update from Jerry Elmer after the hearing.

You can view the entire days proceedings below:

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Invenergy’s John Niland under oath at PUC hearing for Burrillville power plant


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2016-07-25 PUC Burrillville 3011
John Niland

There were two big reveals at the first day of the PUC evidentiary hearing in Warwick on Monday. First, John Niland, director of development for Invenergy, admitted under oath that he knowingly gave false information to the EFSB at the March 31, 2016 EFSB hearing held at the Burrillville High School. Second, Invenergy’s proposed plant will not be clean: It’s emissions will be higher than the the current New England average of all power plants.

Everyone seemed surprised that the evidentiary hearing at the Public Utilities Commission (PUC) regarding Invenergy’s proposed $700 million fracked gas and diesel oil burning power plant for the Town of Burrillville wasn’t packed with Burrillville residents. The Warwick police officer seated at the back of the room looked almost bored. Michael McElroy rescinded his motion to hold the hearing in a larger venue because, as his co-counsel Oleg Nikolyszyn said, “there are plenty of seats.” Of course, holding the meeting 40 minutes outside Burrillville during a work day was a surefire way to limit attendance.

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Jerry Elmer

The Public Utilities Commission hearing is being held to help the one PUC commissioner that did not recuse himself craft an opinion on whether or not the plant is needed and what effects the plant will have on ratepayers. The one commissioner is lawyer Herbert F. DeSimone, Jr.. Of his co-commissioners, Margaret Curran is on the Energy Facilities Siting Board (EFSB), the body ultimately deciding on Invenergy’s application. Obviously she cannot write an advisory opinion to herself. Marion Gold is on record for having supported the plant during her stint as the executive director of the RI Office of Energy Resources. This leaves only Herbert DeSimone on the board. He will author the advisory opinion to the EFSB.

For what it’s worth DeSimone ruled early on that having only one person on the board does not violate any rules, as he will not be making any decisions, but will simply be crafting an advisory opinion.

Lawyers Alan Shoer, representing Invenergy and Jerry Elmer, representing the Conservation Law Foundation (CLF), delivered opening statements. Shoer argued that the plant is needed, that it will reduce air emissions and save ratepayers money. Elmer explained that Invenergy’s promises were unlikely.

The first witness was Building Trades president Michael Sabitoni. He testified on the “socio-economic impacts of project” i.e., the jobs. Elmer objected, because jobs are not within the scope of this hearing. DeSimone overruled Elmer, saying, “I’ll allow the statement to stand but I’ll give it the weight that is appropriate.”

Under grilling from Burrilville’s lawyer Michael McElroy, Sabitoni estimated that 80 percent of the jobs created by this project will be from Rhode Island. He had no estimates on the number of jobs that will be created for Burrillville. He said that the members of his unions will be well placed to get the more permanent jobs on offer at the plant as well.

Next up was John Niland, director of development at Invenergy. His testimony stretched out for over 80 minutes, and there were some interesting exchanges along the way.

Herbert F. DeSimone, Jr.
Herbert F. DeSimone, Jr.

Under oath and under the examination of Jerry Elmer, Niland admitted that when he said, to the EFSB on March 31 in Burrillville, that Rhode Islanders would save $280 million on electricity after the new plant was built, he knew the number was wrong. He said that he didn’t have a better number to give, so he went with the older, wrong number. The true savings cannot be over $30 million, and could be closer to zero, maintains the CLF.

Under examination, Jerry Elmer also forced Niland to concede that Invenergy’s claim that coal and oil together account for 28 percent of New England’s energy footprint is incorrect. The true number is closer to six percent.

Niland claimed that since Invenergy sold half it’s output in the most recent energy auction, the plant is needed, by definition. Burrillville’s lawyer Michael McElroy pointed out that if only half the proposed plant’s energy is sold, then by Niland’s own logic only half the plant is needed. And if half the plant is all that’s needed, savings to ratepayers can be expected to be “substantially less.”

Niland ageed.

The growth of renewable energy sources will reduce the need for the power plant over time, said Niland. The plant has a life expectancy of 40 years. Niland knows of LNG plants still operating after 60 years. Niland admitted that Rhode Island’s dependency on fossil fuels will increase once the plant is built. If the plant is built, Rhode Island’s carbon footprint will go up, admitted Niland. Though technically, said Niland, given that RI is a net energy importer our emissions, “could be reduced.”

McElroy was not happy with Niland’s caveat. Within Rhode Island’s borders, asked McElroy, “Emissions will go up, correct?”

“I believe so,” said Niland.

McElroy asked about why Burrillville was chosen as a location for the plant. Niland said that the location was chosen due to its proximity to the Algonquin gas pipeline and electrical transmission wires. (Both of which were updated recently, I should note.) Niland’s job is to locate and develop projects like the one planned for Burrillville. He was initially lured here because of the state’s high energy prices, near $17 a killowatt hour. The new lower prices at the recent energy auction, closer to $7, will probably reduce interest in bringing large projects like this to the region, said Niland. If an energy plant doesn’t clear the energy auction, said Niland, it isn’t needed.

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Ryan Hardy

The next and last witness for Invenergy was Ryan Hardy. Hardy is the person who prepared Invenergy’s report that calculated the rate savings should the plant be built. Jerry Elmer began his cross examination by handing Hardy a calculator and asking him to run the numbers, based on Invenergy’s own specs. After a long pause, Hardy came up with the plant producing 817 pounds of CO2 per megawatt hour. Hardy’s written testimony was 760 pounds. Ryan countered that he was basing his number on estimates of actual plant use, which he estimated to be about 70 percent of capacity. The numbers Elmer had him calculate were maximum possible output.

Also, said Hardy, the plant will be “primarily run on LNG, never on fuel oil, unless gas is not available.”

However, both of Hardy’s estimates are over the New England average, meaning that the plant can’t reduce emissions, because the plant’s emissions are higher than the average plant emissions in New England.

Elmer asked Hardy about ratepayer savings next. “Was your analysis of FCA-10 [the electricity auction] based on selling both turbines?”

“Yes,” said Hardy.

“Were you wrong about that?”

“Yes.”

“Was it reasonable for Niland to estimate savings of $280 million when he knew otherwise?”

“Yes,” said Ryan.

 

You can read Jerry Elmer’s thoughts about day one of the hearing here.

Alan Shoer
Alan Shoer
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Michael Sabitoni

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