Harrisville Fire District and Water Board

October 4, 2016October 4, 2016

Burrillville residents speak at Woonsocket City Council meeting to prevent water sale to Invenergy

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During a Woonsocket City Council meeting Monday evening it was revealed that the City of Woonsocket is in some kind of negotiations with Invenergy regarding its proposed $700 million fracked gas and diesel oil burning power plant. When the question was brought up, City Solicitor Michael Marcello answered only that the city council had been briefed in closed session and would not directly answer the question. As to the question of a power plant being built in the city, Marcello gave a direct answer: No.

City Councillor Daniel Gendron put an item on the city council’s agenda because of the number of calls he had received based on the rumors that such a deal was in the works. He also said that he prepared his question carefully, “so that I could read the question and give the administration [of Mayor Lisa Baldelli-Hunt] the opportunity to answer that question definitively. So what I would like to ask, and I’m asking this of the administration and of my fellow councilors, but specifically the administration. I was hoping the Mayor would be here to respond but, in her absence, somebody in the administration could answer.”

Gendron asked two questions. The first concerned rumors that Invenergy was in negotiations to locate the power plant in Woonsocket, as an alternative to locating the plant in Burrillville, where there has been fierce local and statewide opposition. The second concerned the possible sale of water to Invenergy, for the plant planned for Burrillville.

“My question is a simple question,” said Gendron, “Has the administration had any discussion or communication with Invenergy or anyone else with respect to either siting a power plant in the city or about acquiring water from the city to be used in connection with a power plant?”

Council President Robert Moreau suggested City Solicitor Michael Marcello answer the question. Gendron repeated once more that he was going to address it to the mayor, but would be satisfied with an answer from Marcello.

“Councilor,” answered Marcello, “as you know you are a member of the council and you were briefed by the administration in closed session.” The closed session Marcello refered to took place at 5:30pm, shortly before the 7pm city council meeting. “The reason that we have a closed session,” said Marcello, “is to keep communication closed until such time as the law requires us to disclose it. I will say that emphatically, that there have been no discussions with the administration, that we’re aware of, that I’m aware of, to relocate the power plant within the City of Woonsocket.

“But with regard to your second question,” said Marcello, “you received a briefing in closed session, and that’s where that information must lay right now. In closed session.”

To the residents of Burrillville who had filled the city council chambers, this was confirmation of weeks of rumors.

“At the direction of our council I will not taint the sanctity, if you will, of the executive session meeting and I will not pursue this any further at your direction Mr. Marcello,” said Gendron.

“In summary,” said Council President Moreau, “that was pretty much what you’re going to hear about it tonight from this council because we had an executive session and the City Solicitor explained that we need to abide by that forum.”

“I put this item on the agenda tonight,” said Gendron, “for discussion purposes… that is what precipitated the executive session that took place prior to this meeting.” The item was “an effort to bring out the truth,” said Gendron. “I think that we needed to start this talk, we needed to squelch some of the rumors.” The solicitor denied completely that there was a power plant coming to Woonsocket, said Gendron. Before today, “none of [the city council] knew what was going on, and that was the benefit of the executive session.”

To the dozens of Burrillville residents and anti-fossil fuel activists from around the state, the city council meeting confirmed the existence of the “third option” ominously hinted at by Attorney Richard Sinapi at a meeting of the Harrisville Fire District and Water Board back in August. At that time Harrisville voted not to sell water to Invenergy, and it was known at that time that Pascoag was also going to vote against selling the power plant water.

Rumors had been swirling for weeks that Woonsocket was in negotiations with Invenergy regarding water. RI Future had put in an Access to Public Records Act request with the city on September 23rd regarding this issue. BASE (Burrillville Against Spectra Expansion), took to Facebook to ask people to call the office of Mayor Lisa Baldelli-Hunt “and urge her to stop negotiating a water deal with Invenergy.”

The time frame on any potential deal between Invenergy and Woonsocket is difficult to determine. Yesterday Invenergy was given ten days to prepare for a “show cause” hearing with the Energy Facilities Siting Board (EFSB). EFSB board member Janet Coit, who noted that Invenergy lacks a water plan said that, “from the perspective of the board, we have a big gap.” As part of the show cause hearing, Invenergy will have to submit their new water plan. Though Councillor Roger Jalette, (who is running for Mayor of Woonsocket) said that Invenergy might be making their case before a new city council after the elections in four weeks, Invenergy might not have that much time to wait until after an election.

There was also the hint that this issue may have implications for Woonsocket’s mayoral race between Jalette and Baldelli-Hunt, as Jalette said he is sympathetic to Burrillville’s cause.

During the public commentary period, the Woonsocket City Council was given a taste of what the Burrillville Town Council has been experiencing for nearly a year, that is, speaker after speaker objecting to new fossil fuel infrastructure being built in our state at a time when climate change threatens us all. “We don’t want it in our backyard,” said Ray Trinque of Burrillville, “and we don’t want it in your backyard and we don’t want it in anyone’s backyard…”

Burrillville resident Denise Potvin was born in Woonsocket and has family there still. Potvin said that Alan Shoer of Adler Pollock & Sheehan, one of Invenergy’s attorneys, “conveniently happens to be an attorney for the City of Woonsocket’s water department.” She mentioned that attorney Richard Sinapi is an attorney for Harrisville and large labor union with an interest in seeing the power plant built. “A lot happens behind the curtain,” said Potvin. She ended by suggesting the council educate itself by reading articles like this one on RI Future.

City Council Vice President Albert Brien interrupted public testimony and explained that right now, there was no proposal before the council.

Councillor Roger Jalette is leaving the city council as he runs against Lisa Baldelli-Hunt for Mayor of Woonsocket. “I want you to know that I am very very sensitive to your plight,” said Jalette. Jalette warned that there will be a new city council in four weeks, after the election, as neither he nor Council President Moreau will be on the council.

Burillville resident Jeremy Bailey pointed out that City Solicitor Michael Marcello is also a Ste Representative. Rep Marcello voted against a bill in May that would have allowed Burrillville residents to vote on any proposed tax treaty the town made with Invenergy. Rep Marcello was one of two representatives to attend the Northern Rhode Island Chamber of Commerce’s Eggs & Issues Breakfast Thursday morning where Invenergy‘s director of development John Niland was the guest speaker.

August 11, 2016August 26, 2016

Department of Health hears testimony on Burrillville power plant

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The 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.

August 11, 2016August 26, 2016

Attorney Sinapi denies conflict of interest

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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.

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.”

August 10, 2016August 26, 2016

Invenergy loses bid for Harrisville’s water

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The 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.