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.

“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…”

Jill Stein, the Green Party candidate for president, isn’t coming to Rhode Island on July 20 to hob-nob with the political elite. She’s coming to stand with grassroots activists who are trying to implement bottom-up change in the Ocean State.

“Dr. Stein will join NoLNGinPVD activists for a toxic tour of the Port of Providence and demonstration against National Grid’s proposed Fields Point LNG liquefaction facility,” according to a news release from the Green Party of Rhode Island.

The event will take place at 4pm, Wednesday July 20 on the corner of Allens Ave. and Ernest St. outside of Providence Public Works Department.

The RI Green Party, along with the Environmental Justice League of Rhode Island, the FANG Collective and others, have been fighting against a proposed liquefied natural gas facility near Fields Point on the Providence waterfront.

“The event will consist of a tour of existing toxic and polluting infrastructure in South Providence with regards to the effect and dangers of National Grid’s planned expansion at Fields Point followed by a demonstration and public address by affiliated groups and Dr. Stein,” according to the news release. “The Green Party of Rhode Island has been actively resisting the growth of fossil fuel facilities of all kinds and is actively supporting NoLNGinPVD and other community groups in their struggle to stop the further development of fossil fuel facilities in Rhode Island including the Burrillville power plant, various pipelines, and the Compressor station along the Providence waterfront.

Members of the Green Party will also be collecting signatures to ensure Stein is on the ballot in Rhode Island, as well.

At 6pm on Wednesday, there is a clambake fundraiser for Stein in Providence, details here. Read a RI Future interview with Stein here.

One of the reasons there were fewer protesters today is several members of the FANG Collective, the original organizers of the weekly Textron protests, were in court for civil disobedience against Invenergy, the corporation proposing a new fossil fuel power plant in Burrillville.

FANG organizer Pia Ward instead canvassed 15 nearby businesses the day before.

“I went to cafes, restaurants, a jewelry store – all different kinds of businesses,” Ward said. “Nobody was supportive of cluster bombs.”

One person Ward spoke with took many fliers and said he would help distribute them. Another said Textron was too big and too powerful to stop. “I promised him I would stop them,” Ward said.

Rhode Island-based Textron has come under scrutiny for making cluster bombs the US sells to Saudi Arabia. Human Rights Watch and Amnesty International have documented civilian casualties in Yemen from cluster bombs, which are banned by 119 nations but not by the United States and Saudi Arabia. Textron is the only North American manufacturer of cluster bombs.

Human Rights Watch and Foreign Policy magazine have each reported that the United States is slated to halt sales of cluster bombs to Saudi Arabia.

“The decision not to transfer any more cluster munitions to Saudi Arabia is a step in the right direction, but the US should halt all cluster munition transfers to any country and make that suspension permanent,” said Steve Goose, arms director at Human Rights Watch and chair of the Cluster Munition Coalition. “This would help bring the US into line with core obligations of the international treaty banning cluster munitions.”

A Textron spokesman said the company would not comment on the new US policy before it gets official confirmation from the government. Secretary of State John Kerry acknowledged the policy change on MSNBC on Wednesday.

Read RI Future’s full coverage of Textron’s cluster bombs here:

• Human Rights Watch condemns use of Textron-made cluster bomb (Feb. 24)
• Textron still makes cluster bombs despite downward global, US trends (Feb. 29)
• Textron sold cluster bombs to seven foreign governments (March 4)
• What US company made the bomb that killed 97 civilians in Yemen (April 8)
• Quaker group to protests Textron for selling cluster bombs to Saudi Arabia (April 11)
• Textron plays leading role in Middle East violence (April 11)
• CODEPINK, peace groups join campaign against cluster bombs (April 15)
• Peace activists call attention to Textron cluster bombs (April 19)
• Anti-cluster bomb activists arrested for chaining themselves to Textron headquarters
  •  (April 21)
• Human Rights Watch finds evidence of Textron cluster bomb in Yemen (May 6)
• Anti-Textron actions to happen weekly in Providence, RI (May 16)
• Quakers, radicals, others protest Textron cluster bombs (May 19)
• Amnesty International targets Textron, locals target Textron investors (May 24)
• Pia Ward’s personal connection to cluster bomb casualties (May 26)
• Textron’s Scott Donnelly is 2nd highest paid CEO in RI at $12.2 million (May 27)
• Report says US to stop selling cluster bombs to Saudi Arabia (May 28)

Whitehouse mistakenly refered to the sign holders as members of FANG, but of course FANG was in Boston during Whitehouse’s keynote, as can be seen here. Whitehouse seemed to say that while he appreciates the efforts of those holding signs, his priorities are on things other than preventing the expansion of natural gas infrastructure in Rhode Island.

I think the biggest message here, though perhaps not the one Whitehouse intended to deliver, is that the residents of Burrillville can count on getting no help from their Senator on this issue.

They are on their own.

More on the climate conference will be released over the weekend.

Here are Senator Whitehouse’s full comments:

Members of The FANG Collective (Fighting Against Natural Gas) and BASE (Burrillville Against Spectra Expansion) are sitting-in at the office with a large circular banner that shows the local impacts of the proposed power plant, and the global impacts of climate change, which the power plant would significantly contribute to.

“Governor Raimondo should not be supporting a power plant opposed by her constituents that would cause problems ranging from increased truck traffic and cancerous MTBE water locally to increased violence against women and more climate refugees globally,” said Burrillville resident and BASE founder Kathy Martley.

Governor Raimondo has been a staunch supporter of the proposed power plant. The plant would burn diesel fuel and fracked-gas and use water contaminated with MTBE (a now banned gasoline additive) to cool its turbines. BASE and FANG are urging the Governor to revoke her support of the project.

“We are asking the Governor to listen to her constituents and to be on the right side of history by helping us stop this toxic project,” said Lorraine Savard of Central Falls

Today’s sit-in comes on the heels of an action yesterday during which BASE and FANG dropped banners from the fourth floor of the Department of Administration and sat-in at the Office of Energy Resources (OER). That action immediately led to an in-person meeting with Marion Gold, the Commissioner of the OER who was been a supporter of the Invenergy project.

“We will keep organizing and taking nonviolent direct action until the people of Burrillville are listened to and Invenergy’s power plant proposal is scrapped,” said Nick Katkevich of The FANG Collective.

[From a press release, more to come]

One banner read, “All That Glitters is Not Gold” and another “No New Power Plant”.  The group began a sit-in at OER office, demanding that Dr. Gold revoke her support of the power plant project and pledge to meet with Burrillville residents.

“For five months we have been trying to schedule a meeting with Dr. Gold to no avail. Enough is enough.“ said Kathy Martley a Burrillville resident who participated in the sit-in and one of the founders of BASE (Burrillville Against Spectra Expansion).  “We need our State’s energy leaders to stop supporting fossil fuel projects”.

After being ordered by the Capitol Police to roll up and remove the banners, Dr. Gold emerged from her offices, initially saying that she did not have time to meet with the small group because the Federal Energy Secretary Moniz, in town to deliver a lecture at Brown University.

Gold then reconsidered and offered the group ten minutes, which turned into 15. Kathy Martley and others explained their objections to the plant. Nick Katkevich, of FANG, (Fighting Against Natural Gas) asked Gold to reconsider her support for the plant. Gold indicated that she is waiting “for the process to play out” before making a decision about the plant, but Katkevich countered that in the past she has supported the plant.

Gold also wouldn’t say she supported the plant, adopting a curiously neutral position, given her past support.

“The power plant is bad for Burrillville, bad for Rhode Island and will impact the most vulnerable communities around the world by contributing to global climate change. We are asking Dr. Gold to do the right thing and revoke her support of this project,” said Sally Mendzela of North Providence in  a statement.

In a statement the group added, “According to the region’s utility regulators, this power plant is not necessary to meet demand. Rhode Islanders should be weary of Invenergy’s false claims. They are not concerned about what’s best for Rhode Island, only what’s best for their own profits.”

You can watch the meeting with Marion Gold in the video below.

This Spring, FANG will continue to nonviolently escalate our efforts to stop Invenergy‘s fracked-gas power plant that’s proposed for Burrillville, stop Spectra‘s continued pipeline expansion schemes and confront other forms of injustice.

“In December 100 people marched in Burrillville and eight people were arrested as part of a nonviolent direct action. Now it’s time to go bigger and stop these fracked-gas projects once and for all. Plug into the resistance and into future actions by attending one this nonviolent direct action workshop!

“We’ll cover the history of nonviolent direct action, different types of action tactics, how to carry out an action and much more. These trainings are meant to immediately help people plug into actions that will happen this Spring.”

Four trainings are planned in all, two in Providence and two in Worcester:

• Tuesday, April 5th from 6-9pm at the First Unitarian Church of Providence (1 Benevolent St)
• Thursday, April 7th from 6-9pm at the First Unitarian Church of Providence (1 Benevolent St)
• Monday, April 11th from 6-9pm at Stone Soup in Worcester (4 King Street)
• Thursday, April 14th from 6-9pm at Stone Soup in Worcester (4 King Street)

You can register for the trainings here.

As part of the “FANG needs YOU: To protest Governor Raimondo to confront Governor Raimondo” campaign, I went to the NORAD event to confront our governor about her support for fossil fuels.

When the governor passed, I asked her about the cost of the proposed gigawatt, fossil-fuel fired plant in Burrillville, aka the Clear River en Energy Center.  Holding up my sign, I said: “Nice jobs program, Governor, $2.3 million per job.  How do you justify that?”  Even from within six feet, she did nor see nor hear a thing!

We seem to have a trend here, as observed by Lorraine Savard, who staged a respectful bird-dogging presence at the Cherry Blossom event at the State House earlier the same day. Referring to Governor Raimondo, Lorraine observed: “She is either ignoring me or she is afraid to look me in the eye.”

You’d expect that Governor Raimondo has friends who would be quite able to invest the $2.3 million for a comfortable early retirement of  the 300 workers who might benefit from the construction without creating a sacrifice zone.  But I’m loosing my thread.

I had the pleasure to exchange a couple of words with our senators and representatives. When I asked Congressman Cicilline if he was planning to join us in opposing the power plant, he replied that Burrillville was not his district. True enough, but not all that gutsy.  Fortunately, he agreed with me when I replied that it was not my district either, but my world.

The NORAD celebration made twitter buzz; @QuonsetRI:

@jimlangevin: I never get tired of coming down to @QuonsetRI for these great announcements

One of Representative Langevin’s staff told me, when I asked his boss about Burrillville: “This is a different event, Peter.”  I have to sleep on that one.

Unfortunately, Mike Miranda, private owner of NORAD, did get tired with me and my off-topic message.  He asked me to leave the event, which he referred to as private.  The press was there and my impression was that the public was invited, but I left.  Do you blame me when I wonder how much state and federal money is spent on shuttling our leadership to and from these “private” events?

One final tweet from @QuonsetRI:

Mike Miranda, CEO & Pres. of NORAD: We’re likely only port in country w/ 7 diffrnt manufacturers snding cars here

Undoubtedly, what you see in the picture are all electric cars that soon will run on electric power generated by Invenergy’s fracked-gas power plant in Burrillville.   We call those “zero-emission” emission vehicles  and that’s how we implement the Paris Accord and the #CleanPowerPlan.  Unfortunately, not only here in Rhode Island.

Raimondo, who came out early and strong for Invenergy’s Clear River Energy Complex, a $700 million dollar gas and oil burning plant in Burrillville, has been under continued pressure from environmentalists to end her support. When the Governor attends a public event, there’s about even odds that at least one protester will be there holding a sign asking her to change her position.

Yesterday Raimondo was greeted by three power plant protesters at the Hope Artiste Village in Pawtucket while on her way to a press conference. In the video, the Governor invites Nick Katkevich of FANG (Fighting Against Natural Gas) to walk with her as he asks her if her position on the plant is changing. (It isn’t.)

Even when Governor Raimondo goes out of state, she is confronted by environmental activists fighting against fracked gas. During her recent trip to Washington DC Raimondo engaged in a public discussion on climate change with Pennsylvania Governor Tom Wolf. Pennsylvania is a state heavily invested in fracking. According to Nicholas Ballasy of PJ Media, “The moderator of the discussion… took just two questions from the audience before abruptly ending the event after the protesters interrupted. The protesters held up signs that said ‘Gov. Tom Wolf: Ban Fracking Now’ with the Food and Water Watch Fund’s logo on them.”

Though Raimondo was not the target of this protest, she must know that the plant in Burrillville will depend on the fracked gas coming out of places like Pennsylvania, and that the environmental devastation fracking wreaks there will be partly her fault if she continues to support Clear River.

In the video of the interruption below, you can see Raimondo seated behind a sign that says, “Climate and Clean Energy.”

When Invenergy proposed the new power plant, Raimondo must have seen it as a good idea. Energy prices in Rhode Island were high, construction jobs scarce, and the verdict on gas was still somewhat up in the air. All that has changed recently.

The power plant is not needed, as shown by the recent ISO New England Forward Capacity Auction. As the Conservation Law Foundation demonstrated electrical rates in Rhode Island are dropping, and the proposed plant has nothing to do with this drop.

The construction jobs on offer in Burrillville, which were not that many or for that long, are not as needed since Raimondo signed the Rhode Works legislation to rebuild our bridges and roads. Many of these jobs would go to out of state contractors if the power plant is built, and would not have benefited Rhode Islanders any way.

The evidence against fracked gas as a “clean energy source” and a “bridge fuel” is amassing. Countless studies are now showing that methane gas leaks erase the benefits of fracked gas.  Worse, “natural gas plants don’t replace only high-carbon coal plants. They often replace very low carbon power sources like solar, wind, nuclear, and even energy efficiency. That means even a very low [methane] leakage rate wipes out the climate benefit of fracking.”

Finally, the fracked gas bubble is beginning to burst. As I pointed out in a previous piece, there isn’t as much frackable gas as was first assumed, and the price of gas will soon rise even as oil prices drop. With the proposed Burrillville plant designed to burn gas or oil, whichever is cheaper and more available, we may find ourselves with a brand new state of the art oil burning plant.

Raimondo wants to be seen as a leader on the climate. She serves as as vice chair of the on the Governors’ Wind and Solar Energy Coalition (GWSC). She’s one of 17 governors to sign the Governors Accord for New Energy and she was at the conference in DC, mentioned above. But it’s not enough to divest financially from fossil fuels: she has to divest herself politically as well.

Political support for fracked gas is eroding fast. Senator Sheldon Whitehouse, who came out in support of the plant in an interview with Ted Nesi, walked back his support Friday morning in an interview with Bill Rappleye, saying it would be unethical for him to take a position.

That the Environment Council of Rhode Island, a coalition of 62 different groups that protect the environment in the Ocean State “strongly opposes the proposal” may have had something to do with Whitehouse’s shifting position, but why this message hasn’t penetrated the Governor’s office is a mystery.

Asked yesterday about her position on the proposed plant, Senate President Teresa M Paiva-Weed said that she hasn’t formulated an opinion because there’s no legislation on it before the General Assembly. Sure, that’s a political dodge, but Paiva-Weed’s not backing the plant either. Her Green Jobs RI report says nothing about expanding fossil fuel infrastructure.

There is a chance that our political leaders will succumb to the will of the fossil fuel companies and force this plant down our throats, like they did with 38 Studios or tried to do with the PawSox stadium. They will pretend to believe the lies of the fossil fuel industry and stick us with a power plant that we don’t need, that is ruinous to the local environment and will destroy the climate of the planet. If so, their legacy will be that of destroyers, not environmentalists.

UPDATE: Todd Anthony Bianco, Coordinator of the RI Energy Facility Siting Board, said the following in an email:

“A site visit of the Invenergy property will not violate the Energy Facility Siting Board Rule regarding ex parte communication. All parties were given notice through counsel and have the opportunity to attend. The purpose of the visit is for a Board member to familiarize herself or himself with the area in order to ask informed questions through discovery and during the hearing.”

Janet Coit, director of the Department of Environmental Management (DEM), will be touring the site of Invenergy’s proposed gas and oil burning power plant today at 1pm. As one of the two members of the EFSB (Energy Facilities Siting Board) she is legally not allowed to receive “any information about the case at any time or in any manner outside the hearing process,” according to Jerry Elmer, Senior Attorney at the Conservation Law Foundation (CLF).

At issue is the Clear River Energy Center, a proposed 900-1000MW power plant to be located in Burrillville, RI. Last week, the ISO-New England Forward Capacity Auction demonstrated that there is no need for this plant to be built.  We also have evidence accumulating that building this plant will ensure that RI will not meet its commitments to a clean energy future.

Not having conversations with any of the various interests concerned with the proposed power plant is important to the process. During the EFSB hearing on January 12, Coit explained that she was “firewalling” herself from any information that may come up as the DEM does its part towards certifying the plant. At the time, some activists in the room openly doubted Coit’s remarks. At a protest of Governor Gina Raimondo’s support for the plant at Goddard Park, orchestrated by members of Fighting Against Natural Gas (FANG) and Burrillville Against Spectra Expansion (BASE), Coit told BASE founder and activist Kathy Martley that she could not speak to her about the plant because of the firewall.

The CLF, according to Elmer, “does not want in any way to interfere with the usefulness of the visit,” but they were sure to remind the EFSB board of the RI Supreme Court’s holding in Arnold v. Lebel, 941 A.2d 813 (2007). This ruling “prohibits anyone from giving EFSB members any information about the case at any time or in any manner outside the hearing process,” says Elmer.

What is interesting about the site visit is that Tod Bianco, the EFSB “coordinator”, sent out the email invitations not to the entire list of parties working through the EFSB process, but only to the lawyers involved. To Elmer, “This means, almost by definition, that what is said in the woods in Burrillville to Janet [Coit] is outside the hearing process.”

Also, what exactly the law is on what can or cannot be said to Coit during this meeting is unclear. “Arguably,” says Elmer, “Janet asking, ‘Where is the route that the transmission interconnection will go,’ and the answer, ‘From that point over there to this point over here,’ is not allowed.”

An email to Coit, the Governor’s office and DEM staff has gone unanswered as of this writing, but we will be glad to update the story should any of these parties respond. A lawyer representing the CLF will also be on the site visit, to “observe what occurs and who says what to whom.”

If there are improper conversations between Invenergy officials and Director Coit, it will be a matter for the courts to decide, though as was said earlier, figuring out the law here could be tricky. In any event, saying the wrong thing outside an official hearing puts Invenergy in the position of having the entire case closed, meaning that the plant cannot be built.