Burrillville Land Trust

September 22, 2016

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Suzanne Dumas

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

Lynn Clark

Mary Gauvin

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

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

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

Denise Potvin

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

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

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

Here is the video of all the speakers:

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

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

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

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

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

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

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

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

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

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

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

Betty Mancucci

John Anthony Scott

Jeremy Bailey

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

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

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

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

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

Karen Palmer

Jason Olkowski

September 1, 2016September 1, 2016

Whitehouse not the climate champion Burrillville needs

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

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

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

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

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

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

“Really good company,” agreed Whitehouse.

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

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

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

“I know the list,” said Whitehouse.

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

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

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

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

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

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

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

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

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

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

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

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

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

“So I have confidence in the process.

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

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

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

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

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

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

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

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

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

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

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

Eagle Scout James Lawless with Whitehouse

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

“Oh yeah,” said Whitehouse.

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

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

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

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

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

“That’s wrong.

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

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

There was a short pause before Whitehouse answered.

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

“Thank you for that,” said Northrup.

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

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

August 8, 2016August 26, 2016

Invenergy power plant facing water problems

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

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

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

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

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

You can watch the video below.

March 21, 2016May 3, 2016

Invenergy co-opts public comment hearing for infomercial

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At an upcoming hearing concerning the new gas and oil power plant planned for Burrillville, Invenergy, the multi-billion dollar Chicago-based company behind the project, is to be given 30-60 minutes of public commentary time when ordinary citizens will be limited to merely five minutes each. This isn’t how Todd Bianco, coordinator of the Energy Facility Siting Board (EFSB) would put it, but the issue is raising deep concerns among citizens who plan on attending.

The public hearing, scheduled for 6 PM on March 31 at Burrillville High School, is the first opportunity for the public to speak out on the proposed power plant since the EFSB application process began. So far all hearings have taken place at the RI Public Utility Commission offices in Warwick and no public comment has been allowed. At the first EFSB meeting, Invenergy presented a PowerPoint that explained their plans for Burrillville, and made their case for the power plant.

Invenergy then went on to hold two “open houses” in the Burrillville Middle School cafeteria, the first on Dec 1 of last year and the second on March 8, 2016. In addition, all of the documents submitted by Invenergy and others are available on the EFSB docket here.

Recently I learned that Bianco granted Invenergy a substantial portion of the upcoming public commentary EFSB meeting in Burrillville. Invenergy has been given the opportunity to present what amounts to a one hour, pro-power plant infomercial before any public commentary will be heard. Meanwhile, each member of the public will be granted approximately 5 minutes to speak.

This isn’t the first time the public has had access to the EFSB approval process co-opted and blocked. At the beginning of the year several private citizens and environmental groups were blocked from legally intervening in the process. Also there has been a disturbing pattern emerging of anti-power plant protesters being denied access to public events where Governor Gina Raimondo is speaking.

According to Bianco, “At this point, it cannot be predicted how much time will be allotted to individual members of the public over the course of the public comment hearings… as that will depend on how many attend to provide comment.”

However, in an email to Paul A. Roselli, who represents the Burrillville Land Trust, Bianco said, “I truly don’t know how much time will be given to each member of the public, but you might plan for no more than five minutes.”

Bianco went on to tell me that Invenergy’s presentation is required by law and is “for the benefit of members of the public, particularly for those who may have not made it to the preliminary hearing, which occurred during work hours, on a cold winter day, at a location outside of Burrillville.”

This is a weird defense. It was the EFSB that decided to have the preliminary meeting, “during work hours, on a cold winter day, at a location outside of Burrillville.” They could have scheduled the meeting in Burrillville at a time residents could be in attendance, and chose not to.

“Furthermore,” said Bianco, “Invenergy is not being ‘allowed 60 minutes to do a presentation,’ as you suggested. Invenergy’s brief overview of their project is mandated” by law. In a response to Roselli, Bianco said, “I expect Invenergy’s presentation will last between thirty minutes to an hour.”

Bianco cited R.I. Gen. Laws § 42-98-9.1(b), that states in part:

The [B]oard shall have at least one public hearing in each town or city affected prior to holding its own hearings and prior to taking final action on the application. All details of acceptance for filing in § 42-98-8(a)(1) – (a)(6) shall be presented at town or city hearings for public comment.

As Paul Roselli points out, however, there is nothing in the law that mandates an oral presentation from Invenergy. “If they are required to present their information at a public hearing,” said Roselli, “then they can present their testimony in written form.”

Mandating that Invenergy present their case at the hearing in written form in no way hinders Invenergy’s ability to be heard, if one follows Bianco’s logic. As Bianco says, “the Board also accepts written public comment electronically, by mail, and by hand delivery. Oral and written public comment are given the same weight required by the Act.” [emphasis mine] If this applies to the public, then surely it applies to Invenergy as well.

Roselli told me that there is much concern about Invenergy making a presentation and taking up valuable public comment time. “Many feel that [Invenergy] has already made their case” said Roselli, noting that he feels that Governor Gina Raimondo, and board members Janet Coit and Margaret Curran have already expressed their support for the project either intentionally or unintentionally.

In short, the EFSB is taking away precious public speaking time and giving it to Invenergy, a large and powerful company with a virtually unlimited amount of money with which to purchase advertising and curry favor with connected politicians.

The public interest is not being served by allowing Invenergy to swallow up their public speaking time.

“The Board expects that all those who provide comments will respect the process and each other’s time,” said Bianco in an email.

It would be far easier to respect a fair process: one that does not favor big money corporations over the rights of the public to be heard.

January 25, 2016May 3, 2016

Enviro group support for Burrillville power plant cited by Whitehouse does not exist

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Sen. Sheldon Whitehouse at Forward on Climate rally

Senator Whitehouse supports the new gas powered energy plant in Burrillville, but the support he cites for his position from environmental groups doesn’t exist.

In a short interview with Ted Nesi, Senator Sheldon Whitehouse, widely considered to be the most environmentally conscious member of the US Senate, threw his support behind Invenergy’s Clear River Energy Center in Burrillville, a power plant to be run on fracked methane.

Whitehouse said, “Rhode Island and a large part of Southern New England are on the wrong side of a couple of gas pipeline choke points, with the result that at certain times costs soar in Rhode Island because the choke point creates a supply-demand imbalance which causes prices to soar, and in other states that’s not happening.

“I don’t think it’s valuable from Rhode Island’s perspective to make Rhode Islanders pay high winter gas prices when it doesn’t change the overall complexion of the gas market. So I am not objecting to that particular plant, because it’s a choke point issue.”

When Nesi asked Whitehouse if he’s received any blowback for his refusal to oppose the plant, Whitehouse said, “Some. There’s a small group of people who would like to have me change my position.

“From the larger environmental movement – the Save the Bays and the League of Conservation Voters and the Nature Conservancies and all that – there’s no blowback whatsoever. They understand the difference between the national and the local concern.”

Peter Nightingale, second from left, was arrested at Sheldon Whitehouse's office. — Peter Nightingale, second from left, was arrested at Sheldon Whitehouse’s office.

So do Save the Bay and the League of Conservation Voters (LCV) really support Whitehouse’s position on the new Burrillville power plant as the Senator implies?

Not quite.

I asked both Save the Bay and the League of Conservation Voters for comments on what Whitehouse said. Neither group came close to backing the Senator up.

Seth Stein, National Press Secretary for the League of Conservation Voters, said, “LCV does not have an RI state league partner. We focus on Federal policy, and do not generally weigh in on local politics in states where we do not have a state league.”

Students from Brown and URI with Sen. Sheldon Whitehouse at the People's Climate March — Students from Brown and URI with Sen. Sheldon Whitehouse at the People’s Climate March

Topher Hamblett, director of policy at Save the Bay, said, “Save The Bay has not taken a position on the project (we’re focused on a host of Bay issues). On development projects like this we usually evaluate potential impacts to water resources, wetland systems and Bay/coastal eco-sytsems.”

Save the Bay’s executive director Jonathan Stone wrote, “Save the Bay has not taken a position on the plant. On energy development proposals like this we always evaluate impacts on water quality, wetlands habitat, public access, and other impacts on the health of the Bay and coastal Rhode Island.”

Burrillville is not positioned near the Bay.

Given that two of the three groups that Whitehouse named have no position on the project, and the third group, “the Nature Conservancies and all that” doesn’t specify any particular agency, it appears that Whitehouse’s answer was intended to minimize the importance of local opposition to the power plant, not honestly appraise the support for natural gas infrastructure expansion that exists in the wider environmental community.

One nature conservancy that does have a strong position on Invenergy’s plans is one that will be directly impacted by the plant. The Burrillville Land Trust, has been granted intervenor status in the process to determine the power plant’s fate and has filed a motion to shut the application process down.

So none of the environmental groups that Whitehouse implied would support him, do. Instead, we have wide ranging opposition to the plant from a host of groups that understand what is at stake in allowing Rhode Island to continue to depend on fossil fuels for its energy.

The Conservation Law Foundation, the Burrillville Land Trust, Burrillville Against Spectra Expansion (BASE), Fighting Against Natural Gas (FANG), Fossil Free RI, Rhode Island Chapter of the Sierra Club, the Green Party of RI, Occupy Providence and the Rhode Island Progressive Democrats have all come out against the plant.

In his interview with Nesi, Whitehouse cavalierly dismissed the concerns of local environmental groups, and could name no environmental groups that support his position.

If Whitehouse is truly the Senate’s climate champion, we are all in serious trouble.

January 13, 2016May 3, 2016

Fossil Free RI statement on Invenergy power plant hearing

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At its public meeting today, the Rhode Island Energy Facility Siting Board postponed ruling on giving grassroots groups and individuals the opportunity to get a fair hearing of their objections to the Clear River Energy Center, a fracked-gas power plant proposed by Invenergy, based in Chicago, IL. The board will announce its final ruling on this matter at the next public hearing, scheduled for January 29.

The two remaining members of the three who should make up the board serve at the pleasure of Governor Raimondo, who is on record supporting expansion of the “natural” gas infrastructure. As a result, Janet Coit, one of the two board members, is in a bind. She is Director of the Rhode Island Department of Environmental Management and an avid environmentalist. Last summer, she spoke at the Sierra Club-sponsored rally, “The Environment is Everyone’s Business.” Coit is painfully aware of the toll climate change is already taking on life in Narragansett Bay. At the rally, she referred to a “profound experience” she had looking at colonial nesting birds on Hope Island. She said: “There are several islands in the Bay that used to host colonies of nesting terns and now they are submerged.”

Said Lisa Petrie of Fossil Free Rhode Island: “We’re calling on Governor Raimondo to wake up and recognize that building more gas-fired power plants threatens the future of our state and of humanity as a whole.” Indeed, the Invenergy proposal is inconsistent with the U.S. Environmental Protection Agency’s 2009 Endangerment Finding, which determined that greenhouse gas emissions endanger public health and welfare of current and future generations. This language parallels that of the 2007 denial of a fossil-fuel plant permit by Roderick Brembly, Secretary of the Kansas Department of Health and Environment. Obviously, team Raimondo is lagging reality by almost a decade.

Fossil Free Rhode Island reiterated that Governor Raimondo’s policies violate Article 1, Section 17 of the Rhode Island Constitution, the supreme law of the state, which clearly specifies the duty “to provide for the conservation of the air, land, water, plant, animal, mineral and other natural resources of the state.”

The Conservation Law Foundation has put forth that, by increasing Rhode Island’s greenhouse gas emissions, the Clear River Energy Center would violate the Resilient Rhode Island Act of 2014. The foundation urged the Board to terminate its deliberations, which would effectively deny Invenergy the permit it seeks.

The Burrillville Land Trust, in a blistering take down of Invenergy’s proposal, argued for the same and writes: “We are being denied an opportunity to respond in a meaningful way because of mis-information, inadequate information and outright absence of information.”

Governor Raimondo has tried to make the case that Invenergy’s Energy Center will bring jobs to Rhode Island. The Rhode Island Building and Construction Trades Council, in its request for late intervention, agrees with the governor. This view is untenable and Fossil Free Rhode Island referred to a recent report of the Political Economy Research Institute of UMass in Amherst that states: “New investments in energy efficiency and renewable energy will generate more jobs for a given amount of spending than maintaining or expanding each country’s existing fossil fuel sectors.”

Fossil Free Rhode Island once again drew attention to current research that shows that, given the urgency of dealing with climate change, “natural” gas has a larger greenhouse gas footprint than coal and oil. In other words, Invenergy’s proposed power plant is bad for Rhode Island on all counts: physics, economics and morality.

Sister Mary Pendergast, one of the individual intervenors, said: “I do not think that the spiritual and moral issues of environmental ethics will be adequately represented by excluding my testimony. Any decision the Siting Board makes that is good for the corporation, but not for the environment, is a bad decision and we will live to regret it.”

The Board referred to the ambiguous rules under which they operate. They seem to interpret the rules as the requirement of attorney representation. This interpretation would exclude virtually all members of the public who filed for the status of intervenor. Pat Fontes, representing Occupy Providence, said: “The refusal to admit the voice of Occupy Providence in the deliberations of this board would symbolize and contribute to the likelihood that ‘government of the people, by the people, and for the people’ will indeed perish from the earth.”

[From a press release]

RI Future covered the hearing here: Strong public opposition to Burrillville power plant at hearing

January 12, 2016May 3, 2016

Strong public opposition to Burrillville power plant at hearing

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The new methane gas power plant planned by Invenergy for the Town of Burrillville met strong opposition from a variety of environmental groups but also had what seemed like strong support from both members of the Energy Facilities Siting Board (EFSB) which will ultimately approve or deny the application. The EFSB is chaired by RI Public Utilities Commission (RIPUC) Chairperson Margaret Curran and has only one other sitting member, Janet Coit, director of the Department of Environmental Management (DEM). The third position on the board is usually filled by the associate director of the RI Administration for Planning, a position currently unfilled, but it is expected that Governor Gina Raimondo will choose someone to fill that role soon.

As the standing room only hearing got under way, Chairperson Curran noted that there hasn’t been a hearing like this since 1999, the last time an energy project of this size was considered. No public comment was allowed at this meeting, but Curran said that there were three public comment meetings scheduled. (It turns out they have not been scheduled at the time of this writing.)

Board member Coit spent some time near the beginning of the hearing informing the room that her position as head of the DEM will not impact her decisions as an EFSB board member. The duties of the DEM in deciding on key aspects of Invenergy’s proposed power plant have been delegated to her assistant, Terry Gray, and Coit says she is firewalling herself from her department’s work in this area. Some activists in the room expressed doubt in the possibility of such a firewall. It should be noted that Governor Gina Raimondo nominates all three EFSB board positions and that she has publicly backed Invenergy’s plan.

The two member board’s first order of business was to deal with an unprecedented number of motions for intervention, which if granted, would allow standing in these hearings for several groups and individuals. Invenergy objected to many of the motions, but did not object to allowing intervenor status for the Conservation Law Foundation (CLF), the Burrillville Land Trust (BLT), The RI Department of Energy Resources, the RI Building Trades Council and National Grid. The board granted all but the Burrillville Land Trust intervenor status, and said that the decisions on the rest of the motions for intervention would be announced at a January 29 meeting.

One motion immediately granted to Invenergy allowed the company to keep certain “proprietary” financial information secret from the public. Between this and Invenergy’s eagerness to deny intervenor status, it becomes difficult to believe the company is truly committed to an open, public process.

I covered Invenergy’s objections to granting intervene status here. Since then the Building Trades filed for last minute intervenor status because their union would represent the vast majority of workers who will build the plant if approved. The Building Trades were granted limited intervenor status pertaining to employment.

Both the Conservation Law Foundation and the Burrillville Land Trust had motions before the board asking that Invenergy’s application be denied. BLT said bluntly that the Invenergy application contains erroneous information or deliberate omissions. There are, says BLT, no biodiversity impacts and no noise impacts cited in Invenergy’s application. BLT maintains that Invenergy underestimated the impact of their power plant on species diversity by half. The effects on birds and bats, so important to keep insect populations down, is likely to be severe. Invenergy’s estimated water impacts are 75% less than what BLT expects. Ultimately, says the BLT, the impact of this power plant will be felt for decades after its estimated 40-50 life span.

The CLF’s motion to dismiss was based in part on the Resilient Rhode Island Act, and on the fact that Invenergy’s application is incomplete. Under the law, says CLF attorney Jerry Elmer, “Incomplete applications must be rejected.”

Invenergy could not argue that their application was complete. They even admitted that they are still in negotiation for some permits. But Invenergy maintained that this is business as usual and not a reason to reject the application. Invenergy is pushing hard on this application, and want the EFSB to make a quick decision because if this application process drags on too long, they could be out hundreds of millions of dollars, said the CLF. But Attorney Elmer said that Invernergy needs to live with their business decisions, and the EFSB must deny incomplete objections even if Invenergy might face a monetary loss.

Chairperson Curran argued for Invenergy’s position, it seems to me, better than Invenergy’s own lawyers. Curran said that she thinks incomplete applications can move ahead despite what the CLF sees as important, material omissions. The application, says Curran, will be finished by the time the EFSB makes a decision, but Attorney Elmer countered that the statute and rules say that the application must be complete when filed, not when decided upon.

Board member Coit also argued passionately for Invenergy’s position. If Curran and Coit want to obey the law though, it would seem that they might have to reject Invenergy’s application, something they clearly didn’t want to do.

Invenergy’s lawyers were clearly pleased with Curran and Coit’s defense of their application. They assured the EFSB board that the board will have plenty of information about the power plant by the time they make their decision. The lawyers maintained that what isn’t in the application isn’t important. In fact, in all their years of practice, these lawyers say they have, “never seen such a detailed application.”

The CLF was next questioned about their reliance on the Resilient RI Act. Under the law, all state agencies shall follow this act. This means that the act applies to the EFSB and that the EFSB has the discretion to consider the climate change impact of the proposed energy plant.

Invenergy seems to feel that the Resilient RI Act is a toothless reminder about the importance of greenhouse gas reductions. They said that the act says nothing about their project and really doesn’t apply.

The second half of the hearing consisted of Invenergy’s sales pitch, a 51 page PowerPoint presentation that is both an ad for Invenergy (including slides touting the companies wind and solar projects, projects they seem to have no interest in bringing to Rhode Island) and plenty of information about the robustness of the company’s finances.

December 29, 2015May 3, 2016

Invenergy attempts to sideline public input on proposed power plant in Burrillville

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Lawyers for Invenergy have filed documents with the court objecting to the Motions for Intervention filed by several local property owners, activist groups and individuals. At contention is the proposed “Clear River Energy Center” (CREC), a 850-1000 megawatt power plant fueled by imported methane gas, to be built in Burrillville.

The Rhode Island Energy Facilities Siting Board (RI EFSB) has scheduled a preliminary hearing to consider Invenergy’s application for January 12 at 9:30am. Public commentary will not be heard at this hearing, only those parties and participants granted intervenor status by the Siting Board will have a voice in the proceedings.

In their court filing, Invenergy objected to the following groups and individuals’ motion for intervenor status: property owners Dennis and Kathy Sherman and Paul and Mary Boldue; activist and political groups Occupy Providence, Fossil Free RI, the Progressive Democrats of Rhode Island (RIPDA), Fighting Against Natural Gas (FANG) and Burrillville Against Spectra Expansion (BASE); and Sister Mary Pendergast, as an individual.

Invenergy does not have “specific objections” to the intervention requests of the Town of Burrillville, the State of RI Office of Energy Resources, National Grid, the Burrillville Land Trust or the Conservation Law Foundation.

Invenergy contends that intervention should only be granted to “Parties that have either statutory rights to intervene, directly affected interests that will not be adequately represented by other parties, or special public interests that compel intervention as a Party.”

Invenergy also objects to a separate motion “to extend the intervention period and to postpone the Preliminary Hearing” submitted by FANG and BASE.

In their motion requesting a 45 day extension of the deadline to intervene, FANG and BASE argued that, “At the December 9th Burrillville Town Council Meeting, several residents voiced their confusion with the intervenor process and expressed frustration with the lack of information provided about the process. Residents posed questions to the Town Council that the Council was not equipped to answer.” Note that the Town of Burrillville, though ill-equipped to answer rudimentary questions about the process at the Town Council meeting, is one of the groups that Invenergy says will “adequately” and “capably” represent the public interest.

The requested extension, maintains FANG and BASE, would allow “interested individuals and parties… more time to learn more about the intervention process, seek legal counsel and draft motions to intervene.”

The Siting Board, according to the motion filed by FANG and BASE, sent out “the first announcement for the public hearing… on November 17th to only sixteen parties, most of whom were local or state government agencies or elected officials. November 17th was one week before the Thanksgiving holiday. The deadline for filing as an intervenor was set as December 22rd, leaving two days before Christmas and one day before Eid Milad ulNabi (the observance and celebration of the Prophet Muhammad’s life). Also happening during the intervention period was the Hanukkah holiday from December 7th-14th.”

Residents affected by the proposed power plant’s siting were informed of the process with little time to seek counsel or determine if their interests were to be covered by approved intervenors. At the December 9 Burrillville Town Council meeting, Town Manager Michael Wood told Kathy Sherman that the town council’s job is to represent Burrillville, but that doesn’t mean that the town council will be representing every concern of every resident.

Yet in their court filing objecting to intervenor status being granted to Dennis and Kathy Sherman and Paul and Mary Boldue, Invenergy claims that their interests will be adequately protected by the Town of Burrillville as a Party.

Invenergy objected to Occupy Providence, Fossil Free RI and RIPDA being granted intervenor status because none of the groups is represented by a lawyer. The groups maintain that the rule cited by Invenergy is applicable to Parties, as legally defined, and not to participants. Further, Invenergy claims that the groups will not “be ‘directly affected’ by the project in a manner that will not be represented by other parties.”

Hilariously, one of the Parties that Invenergy claims will represent the interests of Occupy Providence, Fossil Free RI and RIPDA is National Grid, a company with a history of disregarding the concerns of Rhode Islanders and the environment in its endless craving for corporate profits.

Invenergy further claims that “interests related to carbon emissions and the state’s overall energy policy will be more than adequately represented by other Parties” including the Governor’s Office of Energy Resources. Governor Gina Raimondo has very publicly supported the proposed energy plant, so it is highly doubtful that the interests of Occupy Providence, Fossil Free RI and RIPDA will be represented by Parties advocating for her interests.

FANG and BASE were represented by a lawyer in their motion to intervene, but Invenergy says that these “grassroots organizations” will be “cabably represented” by the Conservation Law Foundation (CLF), the Town of Burrillville, the DPUC and the RI Department of Environmental Management.

This is another strange statement, because when I emailed Josh Block, the press secretary for the Conservation Law Foundation, he wrote back saying, “By intervening in the pending Energy Facility Siting Board (EFSB) docket, CLF will present multiple arguments as to why Invenergy should be denied a permit to build an expensive, long-lived, carbon-emitting fossil-fuel power plant. A proposal such as this which makes little economic or environmental sense has unsurprisingly garnered opposition from a large number of stakeholders, each with unique interests and perspectives. Thus, any assertion that CLF’s participation in the docket is a reason for excluding other intervenors in the process is as misguided as the proposal itself.” (Italics mine)

2015-12-05 FANG Arrests Spectra 022 — Sister Mary Pendergast, in pink, being arrested

Sister Mary Pendergast, explaining her reasons for being arrested during a protest organized by FANG and BASE, said, “Pope Francis has called us all to an ecological conversion and he said it is essential and not an option.” Her motion to intervene has also been opposed by Invenergy, apparently, because her philosophical and theological concerns will be “adequately” and “capably” represented by the corporate and governmental interests of approved Parties, which is errant nonsense.

The fact is that the interests of the people will not be adequately represented in these proceedings if these motions for intervention are denied. The interests of the public are routinely and bureaucratically sidelined by relegating our voices to public commentary hearings with no real power or weight. Invenergy, though, depends on these public hearings to provide the appearance of public input where there is none, saying, “There will be ample opportunity… to provide comments, views, oppositions and data, in the form of public comment, in writing or in public testimony, at the appropriate time…”

This is how the voices of the public are silenced. We are relegated to separate, lesser forums, scheduled after the real decisions have been made. We are allowed to speak only when our objections have been rendered moot. It is only after our rights have been sacrificed to appease corporate power and after our world is destroyed that our voices will be heard, and that will be too late.

The motions for intervention should be granted.