Power plant opposition dominates Ancients & Horribles Parade


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2016-07-04 Ancients and Horrbles Parade 001Opposition to Invenergy‘s proposed $700 million fracked gas and diesel oil burning power plant, planned for Burrillville, dominated the 90th annual Ancients & Horribles Parade in neighboring Glocester on the 4th of July. First and second prize for best in show went to floats opposing the power plant.

The prize for “Most Politically Incorrect” float went to a truck emblazoned with a “Trump” campaign sign that displayed a series of posters of State House leadership that cited a series of political scandals and unpopular decisions. This was followed by two trucks full of Trump supporters, with one man waving a large Confederate Flag in support of the putative Republican presidential nominee. The presence of racist Confederate Flags in the parade was disturbing. I counted at least four.

Governor Gina Raimondo, perhaps sensing that her presence would not be appreciated, did not march in the parade. Her presence was felt, however, in every float that expressed dissatisfaction with her close association with corporations like Invenergy and Goldman-Sachs. Tracey Potvin Keegan rode a bike dressed as the governor, with bags of Goldman-Sachs money hanging like saddlebags and a $700 price tag on her head.

Marching in the parade were Senators Sheldon Whitehouse and Jack Reed and Representative James Langevin. Whitehouse did not escape criticism for his early support of Invenergy’s power plant. A woman marching with the power plant protesters held a sign with a quote from Whitehouse that said, “If I look back 20 years from now and I can’t say I did everything possible, I’ll never be able to live with myself.”

After first supporting the power plant, Whitehouse later back tracked, saying that weighing in on the issue would be inappropriate. Many in Burrillville and the surrounding areas feel betrayed by Whitehouse’s position, feeling that his reputation as the Senate’s strongest environmentalist is mere political posturing.

Almost as unpopular as the governor are the gypsy moths, who have infested the area and strip entire trees bare of foliage. One group of marchers came dressed as a gypsy moth caterpillar, with the words, “It’s raining poop” on it’s tail end.

The parade featured an appearance by Tony Lepore, the Dancing Cop. Lepore sported his new uniform, emblazoned with a special “Dancing Cop” patch, instead of his former Providence Police Officer uniform. Lepore’s career has been in free fall since he interjected himself into the incident late last year when a Dunkin Donuts employee wrote “Black Lives Matter” on a police officer’s cup. As a consequence of his words and actions Lepore lost his annual gig directing traffic downtown and lost out on a replacement gig directing traffic in East Providence.

Governor Raimondo is due to meet with Burrillville residents on July 18.

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Whaitehouse, Langevin and Reed
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First “No New Power Plant” sign in the parade

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Tony Lepore

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The first anti-Invenergy float came from BASE and the Fang Collective

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BASE and the Fang Collective won second place.

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Most politically Incorrect

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This was by far the most disturbing thing in the parade
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First place for best in show…

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Burrillville State Rep Cale Keable
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“Governor Gina Raimondo”

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Nice play on Trump’s campaign slogan
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The specter of death haunts America?
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Another Confederate Flag.
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Here are close-ups of the “Most Politically Incorrect” float

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“Best in Parade”

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“Second Best in Show”

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Why should Burrillville care about Invenergy’s bad financial decisions?


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At the most recent Burrillville Town Council meeting, Town Councillor Kimberly Briquette Brown made some curious remarks about Invenergy’s obligations to ISO-NE, the organization responsible for managing the supply of electricity to Rhode Island and neighboring states. Invenergy is planning to build a $700 million fracked gas and diesel oil burning power plant in the town and residents of Burrillville strongly oppose the plant.

Kimberly Brissette Brown
Kimberly Brissette Brown

“It’s my understanding,” said Brissette Brown, “from speaking to Mike McElroy and learning about this just as much as everybody else has been over the last few months, that once the ISO had granted the power capacity in February to Invenergy, that regardless of whether not they enter into a tax agreement with the town, if they do not go forward with building the power plant they’re going to be fined, substantially, it’s my understanding, and I could be wrong, millions of dollars. At the time… there was a concern about the financial ramifications of leaving the bill to people that thought that by voting no to a tax agreement that they’d be basically sending the power company packing.”

The gist of her remarks seems to be that Burrillville town attorney Michael McElroy convinced her that the town might be on the hook financially for the fines that Invenergy might suffer for not delivering on its obligations to ISO-NE. I couldn’t see how this was possible, so I asked Jerry Elmer, senior attorney at the Conservation Law Foundation (CLF), for his insight. The added emphasis is all mine:

By way of background, I explain in general that the results of FCA-10 show that the Invenergy plant is not needed, here.

And I am well aware of the fact that the mechanics of these FCAs can be complicated and difficult to understand; I provide some general background, here.

“In FCA-10, Invenergy bid both of its turbines, or 997 MW, into the ISO’s auction. However, in the actual auction, Invenergy cleared only one turbine, or 485 MW. Thus, Invenergy acquired a CSO of 485 MW. Invenergy agreed to provide electricity to the regional grid operator, ISO-NE, for a one-year period of time running from June 1, 2019 through May 31, 2020. This period of time is called Capacity Commitment Period 10 (CCP-10), and it corresponds to FCA-10. In return for agreeing to be available to the regional grid operator during that specified, future period, Invenergy will receive a stream of payments called capacity payments.

“In effect, Invenergy is selling a commodity, capacity, in return for a stream of money, called capacity payments. (And those links above provide some needed background that may help readers understand this.)

“In order to be allowed to participate in the ISO’s Forward Capacity Auction (FCA), Invenergy (or any other entity) had to first “qualify.” In order to qualify to participate in an auction, Invenergy (or any other entity) had to show that it had a realistic chance to actually build its proposed plant. (The ISO requires this, because the ISO is responsible for keeping our electricity grid reliable. ISO cannot keep the grid reliable if entities that acquire CSOs cannot actually build and operate power plants.) Invenergy (or any other entity) also has to put up a huge amount of “Financial Assurance” to even be allowed to participate in an FCA. FA is a kind of bond, a way of securing (guaranteeing) that Invenergy will be able to perform its obligation. FA would be forfeited if Invenergy (or any other entity) acquired a CSO (in an auction) but then did not actually have a plant built by the beginning of the CCP.

“So, now that Invenergy did acquire a CSO in FCA-10, is Invenergy irrevocably committed to building the proposed plant in Burrilville? The answer is unequivocally not.

“Could Invenergy abandon its proposed plant in Burrillville completely, and not lose the FA (bond) posted with ISO? The answer is unequivocally yes.

“To be sure, Invenergy could not just walk away from the plant. However, between today and June 1, 2019 (the beginning of CCP-10, when Invenergy’s CSO kicks in) the ISO will hold three separate Reconfiguration Auctions. One will occur about 2 years before June 1, 2019; one will occur about a year before June 1, 2019; and the last one will occur just before the start of CCP-10. At each of these Reconfiguration Auctions, buyers and sellers buy and sell CSOs to each other.

“Invenergy could – if it wanted to – sell out of its CSO in any one of those Reconfiguration Auctions. Of course, because the ISO is still responsible for keeping the New England electricity grid reliable, any entity that wanted to buy Invenergy’s 485-MW CSO would have to be qualified by the ISO to participate in the Reconfiguration Auction. The qualification process would be very similar to the qualification process for participating in an FCA – show that you either have a power plant already or could realistically build one in the remaining time allowed, and post FA.

“Invenergy could elect to sell out of its CSO in any of the next 3 ISO-run Reconfiguration Auctions for any one of a variety of reasons. For example, Invenergy could decide that the political climate in Rhode Island has turned against it, and that the plant might not be permitted by the Energy Facility Siting Board. (This could happen, say, if Governor Raimondo were persuaded to oppose the proposed plant as a result of overwhelming constituent pressure.) Or Invenergy could decide that the New England energy market is less lucrative than it thought it would be, and it is not worth building the plant. (In fact, the auction clearing price crashed from over $17 per kilowatt-month in FCA-9 to $7.03 per kilowatt month in FCA-10.) Or, Invenergy could sell out of its CSO for no other reason than that it thought it was profitable to do so. (Remember that whatever entity buys the CSO from Invenergy would be buying the right to a future stream of income. This is a valuable commodity, and it is entirely possible that Invenergy simply flips the CSO for a quick profit. Note that in that last sentence I mean “possible” as being completely within the ISO Market Rules; I am not suggesting that this is a likely course for Invenergy – only that it can be done.)

“In fact, Invenergy could sell out of its CSO in any one of the next three Reconfiguration Auctions for any reason it wanted to do so. The fact is that, having acquired a CSO on February 8 does not mean that the plant must inevitably be built, and does not mean that Invenergy is powerless to walk away without forfeiting the huge bond it posted with the ISO.

“In this scenario, the Town of Burrillville would not be on the hook for any of Invenergy’s CSO. In fact, the Town of Burrillville could almost certainly not be qualified by the ISO to buy Invenergy’s CSO. But, in any event, if Invenergy sold out of its CSO, the Town of Burrillville would have no liability for the CSO.

So, in summary, the Town of Burrillville is in no way responsible for Invenergy’s bad decision to buy into a forward capacity energy market before being sure that they would be able to supply the energy required.

Invenergy made the promise, not Burrillville.

So I ask again, “Why should anyone in Burrillville care about bad decisions made by a Chicago based energy company? How is it possible that Burrillville should be liable for Invenergy’s bad business decisions?”

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Burrillville Town Council reaches boiling point over power plant


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2016-06-23 Burrillville Town Council 004
Donald Fox

There were tears, anger, accusations, offers of forgiveness and just straight up fireworks at the Burrillville Town Council meeting Wednesday night. Town residents came out in force to the first meeting held since the Senate Judiciary Committee very publicly killed the Keable/Fogarty bill that would have allowed voters in Burrillville the opportunity to approve or reject any proposed tax treaties with energy plants in the town.

This bill was important because Invenergy has plans to build a $700 million fracked gas and diesel oil burning power plant in the town, and the residents of Burrillville don’t completely trust the town council to negotiate in their best interests. As the residents of Burrillville descended en masse to the State House to testify in favor of the bill, the town council issued first a a press release then an official resolution opposing the legislation.

Various timelines have been floated as to how this press release/resolution came to pass. On June 9th I sent a request to Burrillville Town Clerk Louise Phaneuf asking for a copy of the video of the June 7 town council meeting. I was informed that there was no video, since the camera was malfunctioning. I followed up by asking for a copy of the minutes. Phaneuf wrote back, “Thanks for your request for minutes. I will forward a draft as soon as I have it ready. However, there was no discussion of the press release at that meeting.”

Kimberly Brissette Brown
Kimberly Brissette Brown

That’s not what Town Councillor Kimberly Brissette Brown said when she emotionally recounted the story of the press release at Wednesday’s town council meeting. She said that it was at the June 7 town meeting that it was decided to issue the press release. It wasn’t decided by a vote, she said, nor was it an agenda item. The next night, at a regular town council meeting, the council went into executive session and turned the press release into a resolution.

Meanwhile on June 8, the residents of Burrillville were at the Senate Judiciary Meetting, having the press release sprung on them by Senators Frank Lombardi and Steven Archambeault. They proceeded to use the press release/resolution to humiliate the Burrillville residents, providing ad hoc civics lessons on representational government and generally putting the people of Burrillville on the defensive. “It was humiliating,” said Burrillville resident Kathy Sherman.

The way this resolution was produced, potentially without proper public notification, potentially without being properly put on the agenda, and potentially not being voted on properly either in open or executive session, may well be illegal and violations of the Open Meetings Act. As Barry Craig, Burrillville resident and retired lawyer, pointed out, the Open Meetings Act has provisions that allow members of the public to hold the individual members of the town council financially liable for attorney fees if they sue and win, which might become an expensive proposition for them. (See video 01 below)

Craig ended up in a shouting match with Town Councillor Donald Fox, who objected to being characterized as “lazy” for helping to make an end run around the people in addressing the Senate Judiciary Committee and possibly violating the Open Meetings Act. “You violated the law!” shouted Craig, “Does that mean anything to you?” (See video 26 below)

Fox retorted that Craig was “out of order”.

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Donald Fox and Barry Craig

Kimberly Brissette Brown’s address to the people of Burrillville needs further consideration as well. (See video 03 below) She begins by saying that since Invenergy won some forward capacity obligations in the recent the ISO-NE, the company is on the hook for potentially millions of dollars if the plant is not built. One big question: Why should anyone in Burrillville care about bad decisions made by a Chicago based energy company? How is it possible that Burrillville should be liable for Invenergy’s bad business decisions?

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Nancy Binns

It was an unusual night, because individuals on the town council became unusually chatty. Nancy Binns spoke, (See video 15 below) saying that no on on the town council “is wildly enthusiastic about this power plant.” Does this mean that at least one member is moderately enthusiastic?

Steven Rawson spoke (See video 25 below), but only after telling the audience that if they dared interrupt him, he would stop speaking. He then defensively spoke about his years of service for the town, but addressed no pertinent issues.

In fact, every member of the town council said at least a few words, even Michelle Bouchard, who used to be referred to as “the one who never speaks” by some residents when we talked about town council meetings.

Gone was the united front the town council used to show in the past. Gone was the idea that the town’s attorney, Oleg Nikolyszyn, could speak for the council.

It was Debbie Krieg (See video 07 below) who took Oleg to task for a video in which he claimed Cale Keable brought Invenergy to the town. Even if that’s true, said Krieg, Cale Keable has more than made up for it by changing his mind and listening to his constituents and fighting hard to prevent the power plant from coming to town.

Krieg also revealed that that through her APRA request she had learned that high priced consultant Dyana Koelsch, hired to facilitate communications between the town council and residents, was pulling in $200 an hour for her work. Some in the audience audibly gasped. “These are tax payer dollars,” said Krieg. “How long is this going to last?”

“I believe she has a six month contract,” said Council President John Pacheco.

Also discussed was Monday night’s planning board meeting. Residents were extremely unhappy with the performance of the ‘experts’ hired by the town. They were unhappy with the way that meeting was conducted. They were especially unhappy with the idea that opening a well contaminated with MTBE may possibly poison the Harrisville water supply, or that Invenergy might have to draw water from Wallum Lake to cool its generators.

Perhaps the most startling new piece of information to come out of Wednesday’s town council meeting is the fact that Governor Gina Raimondo‘s planned July 18 trip to Burrillville to face residents might not be set in stone. Council President Pacheco said that when he reached out to the governor’s office, he could not confirm the date because her people said her schedule was “in flux” and he was told that the governor’s people were handling all arrangements.  (See video 36 below)

The town council ended the meeting by voting to go into executive session, where they could discuss the Invenergy power plant away from the townspeople, which isn’t quite irony, but close enough.

Below is the full video of the meeting as pertains to the power plant.

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Experts testify on how power plant will impact Burrillville


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Setting up my camera at Monday night’s Burrillville Planning Board meeting, I saw one of the town’s two lawyers, Michael McElroy, turn suddenly from his place on stage and wave enthusiastically and with a smile at some friends who had just arrived. Turning, I noticed that the arriving friends were the lawyers and expert witnesses from Invenergy. The small cadre of Invenergy lawyers waved back collegially and I thought, “Who represents the people of Burrillville here?”

The meeting was held at the Burrillville High School, and was four hours long. The meeting did not end. Invenergy still had expert witness testimony to present, and 30 Burrillville residents had signed up to testify, only to never get their chance to speak. In the end, a decision was made by planning board chairman Jeffry Partington to continue the meeting on July 11.

This meeting was held to discuss Invenergy’s proposed fracked gas and diesel oil burning power plant. The Town of Burrillville and Invenergy had both hired experts to delve into the power plant’s plans and provide opinions as to whether or not the power plant would be able to control for such issues as air quality, water use and quality, noise levels, traffic and wetlands impact. The sometimes technical details were presented in a way that could be generally understood by a layman, and both the planning board and Invenergy’s lawyers were able to ask questions.

2016-06-20 Burrillville Planning Board 003Before the meeting got started though, the planning board dealt with correspondence from Barry Craig, a retired lawyer recently returned to Burrillville. Craig had filed a motion to have the town’s lawyer, Oleg Nikolyszyn, recuse himself because of allegations that he and the town council had violated the open meetings act when issuing a resolution last week, a resolution that many feel gave the Senate Judiciary Committee in the RI General Assembly the excuse it needed to vote down legislation that would have vastly improved the town’s position regarding the power plant.

Before Craig could rise to speak, it was learned that Nikolyszyn had in fact recused himself from the proceedings, hence Michael McElroy’s appearance at the hearing, waving to his buddies from Invenergy.

The town called its expert witnesses to give their reports and answer questions from both the planning board and Invenergy’s lawyer, Elizabeth Noonan.

David Hessler discussed the noise the plant would emit during operations. The noise ordinance in Burrillville establishes a very low goal of 43 decibels, a goal Invenergy says it will be able to reach. Though Hessler says he is “leery of [Invenergy’s assumptions in their model” regarding operating noise levels, he is confident that “Invenergy will do whatever they have to, to meet the limits].

“It may be difficult and it may be expensive,” Hessler cautioned, adding, “I think it can be done.”

Later Hessler admitted that he had “never seen a power plant meet the noise levels” but reiterated that he thinks this plant can be designed to do so.

2016-06-20 Burrillville Planning Board 001As loud as the power plant might be under normal operating conditions, it will be louder during start up and shutdown. When asked about Invenergy’s estimates about how long start ups and shutdowns take, Hessler said that Invenergy’s estimate of 10-30 minutes is “too short. There’s no way,” and said “I would not trust [Invenergy’s] numbers.”

Eric Epiner was up next, talking about air quality. Power plants like the one proposed for Burrillville are designed to fire pollutants through extremely tall stacks and released high into the atmosphere. Spinner expects that the impact on local air quality will be insignificant. However, the power plant plans Invenergy has submitted so far contain numerous errors and inconsistencies, as well as missing documentation. “We can’t say with certainty what the health risks are,” said Epiner.

The pollution from this plant, says Epiner, will not fall on Burrillville, but on people fifty kilometers away.

Tom Hevner was then questioned about the 40,000 gallons of ammonia to be stored on site. Invenergy’s plans call for 19 percent concentrations of ammonia, because 20 percent requires federal oversight. Ammonia, when released into the air, is extremely deadly, whether the concentration is 20 or 19 percent.

Hefner recommended that the Pascoag Fire Department be consulted on how to deal with such chemicals should they be stored on site, and also suggested that there may be other, less hazardous chemicals that Invenergy might use instead.

James Jackson was called upon to discuss the impact the new power plant will have on traffic in Burrillville, especially during the plant’s construction. He seemed to think that the impact would be minimal.

Jackson also spoke on the impact the plant might have on nearby wetlands. Right now water run-off from the plant is designed to be put in a pool that will directly abut the wetlands. Jackson said that the storm water run-off issues were not clearly resolved in the plans. The plan seems to call for storing toxic waste water next to a protected ecosystem. “I just don’t feel comfortable with this,” said Jackson.

Tom Hevner was brought back to talk about water use and the re-opening of well 3A, the well shut down 15 years ago by court order, due to MTBE contamination. MTBE is highly carcinogenic and Burrillville has paid a heavy cost because of this. Invenergy wants to use this water to cool their plant, promising to purify the water before it’s sent to a waste water treatment facility.

The “treatment scheme” says Hevner, is to draw water out of the well that will be contaminated at a rate of 55 parts per billion with MTBE. Due to condensation, that number will be 200 parts per billion by the time it reaches the power plant. There the water will be run through two Granulated Activated Carbon (GAC) filters (though Hevner recommends three GACs) at which point the MTBE should be at “non-detect” levels.

The danger is not in Invenrgy’s water purification system, which Hevner seems to think will work, the danger is back at the well, where pulling water out of the well “might draw back contaminants” that have leeched into the surrounding area underground.

Since the MTBE disaster in Pacoag, Burrillville has been buying its water from Harrisville, across the Clear River. The river acts as a barrier between the two water sources, but, says Hevner, it “needs to be demonstrated that there’s no hydraulic connection” between Harrisville and Pascoag’s water sources. Other wise, there’s a danger that reopening well 3A might contaminate Harrisville’s water with MTBE.

Hefner also thought that the well won’t provide sufficient water for the energy plant, which will need to draw millions of gallons a day. Hefner suggested that the plant might need to draw water from other nearby municipalities, like Harrisville, or even start drawing water from Wallum Lake. This suggestion certainly agitated the crowd.

After a break, Invenergy called their witnesses. Invenergy’s lawyer, Elizabeth Noonan, could not get all her testimony done before 10pm, so after much deliberation it was decided to continue the meeting on Monday, July 11 at 6pm at the Burrillville High School.

To be continued…

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Three Democratic challengers to make a run at Burrillville Town Council


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Burrillville Town Council
Burrillville Town Council

The Burrillville Democratic Town Committee voted unanimously to endorse three candidates for town council. All three oppose the $700 million fracked gas and diesel oil burning power plant proposed for the town by Invenergy and supported by the present town council.

“In all these cases,” said Committee Chairman Stephen Mulcahey, “we have candidates who are committed to opposing the proposed power plant. In addition, these candidates have the experience and capacity to govern past this one issue”.

The three candidates are:

  • Jim Alix, a retired school counselor (MSW). He and his wife, Kathy, a retired school teacher have been residents of Burrillville for over 30 years. Jim has been an active member of the Burrillville Parks and Rec program as well the Burrillville Extended Care Program.
  • Michael Dutilly, a career firefighter and union president of the Harrisville Fire Department. Mike is a lifelong resident of Burrillville and a graduate of Burrillville High School. Mike is married and has a newborn baby boy.
  • Bob Perreault, a multi-generational Burrillville resident. Bob is a retired Zambarano Hospital employee where he spent his career caring for patients. Bob was a Therapeutic Services provider and has a keen sense of empathy for our fellow residents at Zambarano Hospital.

It is thought that Councillors Nancy Binns and Kimberly Brissette Brown will not be seeking re-election. The only councillor up for re-election is Council President John Pacheco. Councillor David Place, not up for re-election, has plans to run for state representative, against Cale Keable. It’s unclear how this race would affect the make up of the Town Council.

A new Burrillville Town Council may come too late to have an impact on the Energy Facilities Siting Board (EFSB)’s decision regarding the plant. Close observers say the current make up of the Town Council supports the plant 4-3, with Stephen Rawson, David Fox, Place and Binns in support and Pacheco, Brissete Brown and Michelle Bouchard against.

At the same meeting, the Burrillville Democratic Town Committee gave its endorsement for reelection to State Senator Paul Fogarty and State Rep. Cale Keable, who made an unsuccessful play in the State House to pass legislation that would give voters in Burrillville the opportunity to vote on any tax treaties the town council negotiates with energy companies in the town. That bill died in the Senate under “curious” conditions.

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Archambault, Conley lose Sierra Club endorsement over Burrillville bill


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William Conley
William Conley

State senators Stephen Archambault and Bill Conley lost their endorsements from the Rhode Island chapter of the Seirra Club because they voted against the Burrillville power plant bill as members of the Senate Judiciary Committee.

“Sierra Club condemns every member of the committee that voted ‘no’ to this bill, but we are especially disappointed in Sen. Archambault and Sen. Conley. Both senators were endorsed by the RI Sierra Club in 2014,” wrote Sierra Club political chair Aaron Jaehnig.

Stephen Archambault
Stephen Archambault

“With a record like this, they will not be endorsed again in 2016. Sierra Club demands that our logo be removed from all websites and campaign materials for both,” Jaehnig continued. “The people of Burrillville and the people of Rhode Island deserved better. Make no mistake – that vote was a betrayal of everyone who cares about our planet, and of future generations of Rhode Islanders. It represents an insane double-down on the dangerous fossil fuel economy that has taken our climate to the brink and that threatens all of our futures.”

Neither senator could be immediately reached for comment. This post will be updated if and when they respond to comment.

On Wednesday, the Senate Judiciary Committee voted down a bill that would have given Burrillville residents a vote on a tax agreement between Invenergy, the corporation that seeks to build the power plant, and the Republican town council. Residents convinced legislators Cale Keable and Paul Fogarty to introduce the legislation because they say they can’t trust the town council to negotiate in good faith.

At the first committee hearing, Archambault was dismissive of this concern, saying, “The town council, at large, has been elected and is in a position to best negotiate tax treaties.”

 

Keable/Fogarty power plant bill: An autopsy


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Leo Raptakis
Leo Raptakis

Perhaps the most honest statement to come out of the Senate Judiciary Committee regarding Paul Fogarty’s bill S3037A came in the hallway outside the hearing room after the vote, courtesy of Senator Leo Raptakis.

“What happened in there?” I asked.

“I don’t know,” replied Raptakis, “I don’t know why they brought it up for a vote at all.”

The confusion Raptakis felt was understandable. Normally, if you want to kill a bill in the General Assembly, you just never let it come to a vote. Eventually the session ends and the bill is dead.

So why bring the bill up for a vote? What was really going on?

Frank Lombardi
Frank Lombardi

Senator Paul Fogarty’s bill would have allowed the voters of Burrillville the opportunity to vote on any tax agreements made by their town council with any power plant located in the town. The immediate effect of the bill would be to allow voters to decide on a tax treaty being negotiated with Invenergy, which wants to build a $700 million fracked gas and diesel oil burning power plant in the town. The Burrillville Town Council has been repeatedly dishonest with the residents of the town, and has been actively working to bring the power plant into the town against the wishes of most residents. Residents of Burrillville want a say in the process and they want to prevent the power plant from being built.

The House version of the bill, sponsored by Representative Cale Keable, passed out of the House Committee on Environment and Natural Resources on an 11-2 vote and passed the full House on June 8. The Senate version, after a long, contentious hearing that pitted Burrillville residents and environmentalists against labor and business, was tabled without a vote.

Stephen Archambault
Stephen Archambault

The forces in favor of the power plant did not want this bill to pass. It is believed by many that this bill will make it impossible for the power plant to be built, because it will interfere with Invenergy’s ability to secure financing for the project. A stable tax treaty is important to Invenergy because without it, the company faces the prospect of paying full taxes on the power plant. No tax treaty, no funding, some say.

In an effort to kill the bill, Invenergy paid for a full page ad in the Providence Journal. An editorial and an op-ed were published in the paper as well. Pressure was brought to bear on the Senate from the Greater Providence Chamber of Commerce and the Northern Rhode Island Chamber of Commerce whose lobbyists testified against the bills. And labor, which wants the plant built because of the much needed jobs it will provide, lobbied the Senate hard.

Donna Nesselbush
Donna Nesselbush

Meanwhile, there was pressure being placed on Governor Gina Raimondo by environmentalists to not veto the bill, were it to be passed. Raimondo did not want to be put in the position of having to veto this bill. She wants the public appearance of being strong on environmental issues, even if she supports fracking and fossil fuels. For Raimondo’s purposes, the less known on the national scene about her true environmental  positions, the better. Vetoing this bill would create the wrong kind of headlines, the kind of headlines that might hamper her national political ambitions.

Satisfying these powerful players is easy. All that needed to happen was for the bill to never get out of the Senate Judiciary Committee, and the bill would die, never to be voted on. There’s only one problem: If that were to happen, Senator Paul Fogarty would have failed the community he serves, and though Fogarty, for political reasons, is opposed to the power plant and in favor of his bill, he’s a strong union member and supporter. Under normal circumstances he would be a reliable pro-union vote and a valuable ally.

William Conley
William Conley

A way to both kill the bill and save Paul Fogarty’s political career was therefore devised.

Four Senators, Frank Lombardi, William Conley, Donna Nesselbush and Stephen Archambault, presented legal-sounding arguments against the bill, all the while telling Burrillville residents watching the proceedings live or at home how wonderful their Senator Paul Fogarty is. They laid it on pretty thick at times.

“Kudos to Senator Fogarty for the concerns that he showed his constituency in the town of Burrillville,” said Senator Lombardi, “and [for] having the intestinal fortitude to bring forth the bill on the behalf of his constituents.

“And I mean this, Senator,” continued Lombardi, looking at Fogarty who was seated in the center of the room, “I think that the people of the town of Burrillville are very fortunate to have you as their Senator and the work that you do for them. Quite frankly you listened to them and you put forth what you thought was a very favorable bill for your citizenry.”

Not to be out done, Senator Conley said, “Senator Fogarty’s advocacy on behalf of the people of Burrillville on this issue was extraordinary. I’m just about at the close of my fourth year in the General Assembly and I can say without reservation that I’ve never seen one of my colleagues advocate in such a meaningful and, I don’t want to say aggressive but certainly in a strong way, on behalf of legislation. His heart and soul is behind this bill and whether you agree with one of your colleagues or not, it’s always that kind of advocacy in this building that often goes unsung. So it’s important to note that.”

Senator Nesselbush was more circumspect in her praise, saying, “Senator Fogarty has been a passionate supporter of this bill that he even convinced me to be a co-sponsor of the bill.”

Senator Archambault, who might run for Attorney General in 2018, also chimed in with praise for Fogarty, “I want to echo the sentiments of my brothers and sister with respect to Senator Fogarty. He’s been here for you all along, he’s put in a tough piece of legislation, it certainly hasn’t made him any friends on one side but he did it because he cares. I think his actions speak for themselves.” After this performance, I don’t think any environmentalists will be voting for him.

With Senator Fogarty properly lionized and hopefully protected, all the Senators needed was an excuse, any excuse, to vote against the bill. As it is, they produced three excuses. They also needed someone to blame. They couldn’t blame the business community, they couldn’t blame the Governor and they couldn’t blame labor.

Enter the Republican Burrillville Town Council with their press release turned resolution. At the original Senate Judiciary Committee meeting to discuss the bill, Senator Lombardi foolishly tried to pass off a press release against the bill from the town council as a resolution, but in fact the Burrillville Town Council didn’t get around to issuing an actual resolution until the committee meeting was almost over. But now, with a “proper” resolution in hand, Lombardi was able to produce a villain: the Burrillville Town Council.

Harold Metts
Harold Metts

In his statement after the vote, Fogarty expressed his disappointment at the bills defeat, but did not blame the vote on his fellow senators. Instead, he referred to the resolution, writing that the “last-minute opposition of the Town Council… [was] the equivalent of getting two torpedoes to the bow.”

“It’s a shame that the Burrillville Town Council does not have enough faith and confidence in the local citizenry to make an informed decision on a matter that will impact the future of their community,” wrote Fogarty, forgetting that it was the Senate Judiciary Committee, not the Burrillville Town Council that killed the bill.

Lombardi’s second excuse was that he was concerned about the precedent that passing the bill would set. He said that when the residents of a city or town disagree with their elected officials, they shouldn’t be looking to the state to pass new laws. Lombardi feared that the General Assembly might be flooded with every local issue that is “controversial” if they passed this bill. Of course, it’s fairly easy to find dozens of examples where the state has stepped in to override local laws and ordinances. The very creation of the Energy Facilities Siting Board, the body that will ultimately decide whether or not the power plant will be built, is an example of the state overriding local concerns and laws, for instance.

Paul Fogarty
Paul Fogarty

Lastly, Lombardi noted that one of his colleagues “was gracious enough to provide us with a Rhode Island Supreme Court case entitled Warwick Mall Trust v State of Rhode Island.” Sources told me that the court case was provided to Lombardi and the other senators by Senate Majority Leader Dominick Ruggerio, a strong supporter of labor who sat in on the original Senate Judiciary Committee meeting that heard testimony on this bill.

Lombardi said that the decision in this case could be applied to Fogarty’s bill, and claimed that the bill, as written, would be unconstitutional.

In the end, of course, the Senate Judiciary Committee voted Fogarty’s bill down. It was such an unusual occurrence that Chairman Michael McCaffrey couldn’t quite get his head around how it was supposed to work. As the chairman struggled to find the right way to phrase a no vote, two Capitol Police Officers entered the room, to make sure the crowd did not react aggressively to the decision everyone seemed to know was coming. The vote was 7 -2 against. Only Nesselbush and Erin Lynch Prada voted in favor of the bill.

20160615_153706
Debbie Krieg

The disappointment of the Burrillville residents could be felt physically. There were tears. Nick Katkevich, of the FANG Collective, shouted “Shame!” as he was leaving the room. The Capitol Police responded by telling Katkevich to leave, but he was already gone. Out in the hallway, there were more hugs and tears among the Burrillville residents.

They say they will continue the fight.

Looking over every single Senate Judiciary Committee vote this session, you will find that every bill brought up for a vote passed. In fact, every bill before this committee, but two, passed with no votes against them. The two exceptions were S2333 on May 5 and S2505 on March 3, and both times it was Senator Harold Metts casting the lone vote against. Until this day, six of the senators present had not cast a no vote in committee this year.

The truth is that no one is ever really supposed to vote no. These committee votes are pro forma. It’s theater. Every vote serves a purpose and no bill is voted on in committee without a predetermined outcome known well in advance.

And the vote on Paul Fogarty’s bill was no different.

2016-06-15 Senate Judiciary 02

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CLF: Invenergy lied to public at EFSB hearing in Burrillville


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John Niland

John Niland, director of development for Invenergy, knowingly mislead both the public and the EFSB, the board tasked with deciding the fate of the Burrillville power plant proposal, at a public hearing on the matter, according to the Conservation Law Foundation (CLF).

The Conservation Law Foundation (CLF) today filed two expert witness testimonies with the Public Utilities Commission (PUC) that reveals Invenergy representatives knowingly presented false facts and figures at a public Energy Facilities Siting Board (EFSB) hearing in Burrillville attended by 700 people.

The CLF testimony also provides further evidence that the electricity produced by a proposed $700 million fracked gas and diesel burning power plant in Burrillville is not needed in New England.

Invenergy’s estimates of consumer savings from the proposed plant are grossly inflated and inaccurate, says the CLF. Invenergy claims the power plant will save between $118 to $120 million for ratepayers. The actual number, according to CLF’s witnesses, is between 0 and $36 million.

Christopher Stix, first witness

The first testimony is from Christopher Stix, a volunteer financial analyst for the CLF providing financial and market analysis for CLF’s energy initiatives, specifically in the area of power plant licensing and electric and gas transmission. The testimony is lengthy and technical (and can be downloaded at the link above) but the actual conclusions of the testimony are fairly easy to present.

False Facts

Stix claims in his testimony that Invenergy knowingly presented false information at the March 31, 2016 EFSB hearing at the Burrillville High School.

“…on March 31, in front of 700 people, Invenergy presented in two different ways… information that Invenergy knew, at the time, was false. First, the words “$280 million in Savings” appear in big, green letters on Slide 12 of Invenergy’s presentation… Second, the false information was emphasized by Invenergy’s John Niland, who said, “Talking about ratepayer savings, the analysis we’ve done looks at what happens to the cost of power to the region when you put in a plant like this. – – [T]hat’s really what the $280 million number represents.” [EFSB March 31, 2016 Hearing Transcript. page 16, lines 8-11; 15-17.)

“…eventually Invenergy backed off its wrong assertion of $180 – $120 million in capacity savings in just FCA-10. In Ryan Hardy’s April 22 testimony, page 13, lines 20-21, Invenergy touts ‘Capacity cost savings to Rhode Island ratepayers . . . to be $170 million from 2019 to 2022, or $42 million annually on average.’ It is important to note here that in his testimony, Mr. Hardy gives no specific figure at all for projected capacity savings from just FCA-10. Instead, he sticks with a vague average over a period of several years.

“Mr. Hardy does not acknowledge in his April 22 testimony that his figure had changed radically from his sworn testimony before the EFSB on January 12, 2016, when he stated under oath that ‘the savings from capacity costs alone is nearly 212 million…’” [January 12, 2016 Transcript. page 164, lines 6-14; and Slide 24.]

“Third, and importantly, nothing changed between March 31, when Invenergy publicly presented figures that were grossly wrong, and April 22, when Invenergy presented very different figures. The relevant FCA had occurred on February 8. Invenergy acquired no new information between March 31 and April 22. Thus, there was absolutely no reason for Invenergy to have presented inaccurate information to the EFSB and Burrillville residents on March 31.”

Power plant not needed

Early on, Stix was asked if the New England electricity grid needs the proposed Invenergy plant.

Stix replied, “neither the New England electricity grid, nor the ISO, needs Invenergy in order to keep the grid reliable. Overall, in FCA-lO, the ISO procured fully 1,416 MW more than its ICR. Even if you subtract all 485 MW of the CSO acquired by Invenergy, the ISO would have still over-procured 931MW. And, here in the SENE zone, the ISO procured 1,321 MW more than its LSR Again, even if you subtract all 485 MW of the CSO acquired by Invenergy, the ISO would still have over-procured 836 MW in the zone The result of FCA-10 shows that the generation capacity that the Invenergy plant would bring to the electricity grid is not needed in Rhode Island, and is not needed in New England.”

Inaccurate consumer savings

Stix testified that “[t]he irrefutable, bottom-line fact is that Mr. Hardy and [PA Consulting Group] wrongly predicted savings to Rhode Island ratepayers,just from capacity, and just from FCA-l0, to be between $118 and $120 million dollars. The actual figure was somewhere between zero and $36 million. Mr. Hardy’s projected figure was 272% of the actual figure, and maybe much, much more than that. To put it another way, it is just not true to say that a predicted result of $118 million in ratepayer savings in one year “is very close to” ratepayer savings of between zero and $36 million. I doubt very much if Rhode Island ratepayers consider $118 million in one-year savings to be “very close” to zero to $36 million. And I doubt that the PUC will view it that way, either.”

Slide 12
Slide 12

Robert Fagan, second witness

The second witness testimony presented by the CLF today is from Robert Fagan, a Principal Associate at Synapse Energy Economics, a research and consulting firm specializing in electricity industry regulation, planning and analysis.

Fagan also says the proposed power plant is not needed in both the short, medium and long terms. He says there is no “near-to-medium term reliability need for the proposed Invenergy plant,” pointing out that “existing and projected energy efficiency and behind-the-meter solar PV resources in New England more than supplant the energy output of the proposed plant and support a reliable electric sector in Rhode Island and New England without the proposed plant” and “there is no longer-term reliability need for the proposed plant.”

Fagan says that “Rhode Island and New England net loads… exhibit declining trends, contrary to the applicant’s assertions.” Invenergy claims that the ISO-New England Forward Capacity Markets indicate need, but as we have seen, they do not.

Further, Invenergy offers, “no evidence of any longer-term reliability or other need for the proposed plant. They incorrectly inflate the energy forecast need for Rhode Island and New England. Their narrative on alternative energy resources, including energy efficiency and renewable energy resources, is completely absent of any quantitative analysis of the effect of a portfolio of energy efficiency and renewable resource supply as an alternative to the proposed plant.

Looking to the longer term future of energy in Rhode Island, Fagan says, “When considering energy efficiency and alternative new resources including behind-the-meter solar PV, other solar PV (utility scale), onshore wind, offshore wind, Canadian hydro, demand response, and storage alternatives – in addition to existing capacity resources and a recently strengthened New England transmission system – near-term and long-term reliability of Rhode Island and New England electric power sectors can be assured without reliance on the proposed power plant.”

Fagan also says that, “The applicant’s failure to present any evidence of a long-term reliability need for the plant is significant, because absent such a need, I don’t see how this proposed plant fits with Rhode Island state energy policy that, according to the applicant, emphasizes increasing energy efficiency, integration of renewable energy into the system, and achieving reductions in greenhouse gases.”

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Governor Raimondo to visit Burrillville, meet with residents to discuss proposed power plant


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2016-05-09 Raimondo in Warwick 005After months of protests, phone calls and civil disobedience from anti-power plant activists and Burrillville residents, Governor Raimondo has scheduled a visit to Burrillville for an open community meeting. The open meeting, which will be held at the Burrillville High School on July 18th from 6-9pm, will focus on Invenergy’s proposed fracked-gas and diesel fuel power plant.

“Since the power plant proposal was first announced last August, we have been asking the Governor to come meet with Burrillville residents. We are happy that the Governor has agreed to this and hear from the people who would be most impacted by the power plant project”. Kathy Martley who lives a quarter mile from the proposed power plant site.

BASE (Burrillville Against Spectra Expansion), The FANG Collective and others have been targeting the Governor for several months over her support of the plant. The groups have shown up at dozens of the Governor’s public events with “Save Burrillville: No New Power Plant” signs and have led multiple call-in days to the Governor’s office. On April 19th the groups held a sit-in at the Governor’s office where one person was arrested after refusing to leave. One of the demands of the sit-in was that the Governor travel to Burrillville and meet with residents.

But activists say that tone of the visit to Burrillville will largely be dependent on whether the Governor vetoes or signs into law a Bill moving through the State House that would give residents more control of the power plant approval process. The Bill is being championed by Representative Cale Keable and Senator Paul Fogarty, both of Burrillville.

“We want the Governor’s visit to Burrillville to be informative but also be a celebration of the Keable/Fogarty bill becoming law. This is the Governor’s climate legacy moment. To veto this bill, and take away the voice of Burrillville residents, would forever tarnish her environmental record”. Nick Katkevich of the FANG Collective.

The Bill, which would let Burrillville residents vote on any tax agreement made between the power plant company and the town council, passed the House of Representatives 64-7 and is scheduled for second hearing in the Senate Judiciary Committee on Wednesday.

[From a press release]

Fogarty power plant bill to receive a vote in Senate Judiciary


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2016-05-26 Burrillville at the State House 024The Senate Judiciary Committee will be voting on Senator Paul Fogarty‘s bill S3037A on Wednesday. The bill would increase the membership of the energy facility siting board from three to seven members, and would require approval by the voters in Burrillville of any tax agreement established by the town council with a power plant located in the town. A successful committee vote send the bill to the Senate floor for a vote from the full chamber. The bill is a companion to Representative Cale Keable‘s H8240a.

Governor Gina Raimondo said that she will be “very likely to” veto the bill on a recent episode of Channel 12 Newsmakers.

Invenergy wants to build a $700 million fracked gas and diesel burning power plant in Burrillville. Critics and supporters alike say that this bill, if passed, will make the construction of the power plant less likely.

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Raimondo coming to Burrillville July 18


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Business Friendly StateOver a month after agreeing to meet with Burrillville residents while in Warwick and one day after members of the FANG Collective and BASE intercepted her a second time at a community event on the East Side of Providence, Governor Gina Raimondo has agreed to a date and time. It has now been officially announced that Governor Gina Raimondo will be at the Burrillville High School, 425 East Ave, Harrisville, for a community meeting Monday, July 18 from 6 PM – 9 PM to discuss the proposed power plant.

After months of trying to get the governor to come to the town through more conventional channels, Kathy Martley, co-founder of BASE (Burrillville Against Spectra Expansion), presented the Governor with a flower and a home made card at an event in Warwick. The Governor agreed then to come to Burrillville. On Thursday night Martley followed up with the governor outside the First Unitarian Church of Providence. The governor agreed to set a date and time the following day.

On Thursday evening the governor was noncommittal on the Keable/Fogarty bill and said that she will make a final decision on it once it reaches her desk, but the next day, while taping an episode of Channel 12 Newsmakers with Tim White and Ted Nesi, Raimondo said that she will be “very likely to” veto the bill. The Governor told Nesi and White that she was opposed to the bill’s “retro-activity feature” which changes the process at the Energy Facilities Siting Board (EFSB) even as Invenergy, the company that wants to build a $700 million fracked gas and diesel burning power plant in Burrillville, is engaged in the process.

“This isn’t about, necessarily, whether you are for or against natural gas, we have a process,” said Raimondo, “You cannot change the rules of the game halfway through the game if you want to be a business friendly state.”

I’ve talked before about Raimondo and her emphasis of business over democracy. The process that Raimondo is defending is one that favors the interests of billion dollar corporations over the people of Rhode Island. The people of Burrillville are demanding that this process be corrected in the interests of the people.

If given a choice, would you rather live in a business friendly state, or a democracy friendly state?

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Rep Keable disputes Burrillville Town Attorney accusation that he brought Invenergy to town


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oleg
Oleg Nikolyszyn

A video showing Burrillville Town Council Attorney Oleg Nikolyszyn telling a resident that Rep Cale Keable is responsible for bringing the Invenergy power plant to the town has surfaced. In the video, Nikolyszyn says, in reference to the power plant, “Why don’t you ask Mr. Keable why he proposed this whole project in the first place? It was his idea.”

Keable calls the accusation “ludicrous.”

Nikolyszyn’s statement, if true, would seriously rewrite the history of the circumstances under which Invenergy decided upon Burrillville as the location for a fracked gas and diesel oil burning power plant. I reached out to Representative Cale Keable and asked about Nikolyszyn’s accusation. Keable denied Nikolyszyn’s version of events. His full statement is compelling reading and helps to fill some holes in the timeline of Invenergy’s interest in our state:

Solicitor Oleg Nikolyszyn and others’ suggestion that I directed Invenergy to Burrillville is ludicrous and an obvious example of political “hot potato.”  Mr. Nikolyszyn, who was appointed by the Republican majority on the council, should concentrate on providing legal advice to the town council instead of engaging in petty, partisan finger pointing on behalf of its Republican members and town manager, Mike Wood.  Mike Wood and the town council have faced the town’s disgust at their actions and now they desperately seek a way to make their problem mine.  I know my friends and neighbors in Burrillville will see this obvious political tactic for what it is.  Unlike others, I know my people are smart, intelligent people, capable — and deserving of — self-determination.

“When, after listening to the people of Burrillville, I made the decision to oppose siting of a massive, oil and gas burning power plant in Pascoag, people immediately told me that power plant proponents would find a way to attack me.  After all, there is a lot of money at stake.  So this obvious and desperate attempt at political character assassination, just as the people seek redress in the General Assembly — which is exactly what several members of the town council instructed them to do — does not surprise me in the least.  Even the casual observer should be suspicious of the timing of Mr. Nikolyszyn’s statement.

“It is well known in Burrillville that our town manager, Mike Wood, intimidates anyone that steps out of line, including town council members and town employees.  As the whole town has seen, Mike Wood now has them toeing the Invenergy line.  I, however, refuse to live in fear of Mike Wood’s intimidation tactics.  Obviously, that has made me a target.  I will not allow his bullying to stop me from representing my friends and neighbors as best I can.  If that means I can never win another election, then so be it.  My only question for the town council is: “why have you not joined Sen. Fogarty and I in opposing Mike Wood’s power plant?”

“The Invenergy proposal and forthcoming tax treaty should be about one thing — what the people of Burrillville want for themselves.  Now, more than ever, I believe putting the power plant’s tax treaty before the voters is the only way to ensure our voice is heard and Burrillville’s best interests met.  Those in favor of a tax treaty can vote for it.  Those opposed will have their day at the polls.

“In the winter of 2014/2015 (either late December or January), Invenergy’s attorney — who I know and respect from the legal community and from the State House — asked me to attend a meeting in Burrillville with the town manager, whom the attorney did not yet know, his client, and the town planner to discuss a possible development in Burrillville.  Such an informational meeting is in not in any way out of the ordinary and I always try to assist my town with whatever needs that they might have.  I attended the meeting and learned of Invenergy’s proposal for the first time.  Invenergy’s plans had obviously been completely planned out before I was ever brought in the loop.  Again, the meeting was certainly not to ask my permission or anything of the like as Mr. Nikolyszyn would seem to suggest, it was informational.  The only thing that is curious about this meeting is the fact that apparently it was some time before Mike Wood — who heard the same information I did coming out of that meeting — bothered to inform the town council, who are nominally his boss.  This should not be surprising to those who understand Burrillville politics.

Cale Keable
Cale Keable

“Throughout 2015 and into early 2016, I had a neutral stance on the merits of the project and attempted to assist the town manager and town council in any way they asked.  During that time, I was asked to submit legislation to help Mike Wood’s power plant and had several conversations in that regard.  However, as the fact that the will of the people differed significantly from Mike Wood’s became clear to me, I did not submit legislation to help the power plant.  I suppose that like many, I did not fully grasp the threat to our town at that time.

“However, in March of 2016, as Sen. Fogarty and I spoke to at first dozens and then hundreds of Burrillville residents, I became convinced that Mike Wood’s power plant would hurt our town.  I therefore made the decision to publicly oppose the power plant in a letter to the Siting Board on April 7, 2016.  I would hope that Mike Wood, the town council, and the council’s staff stop their attacks against me in a transparent attempt to lay their problem at my feet.  Instead, I hope they stand up against the plant and for our people.  At a minimum, I hope they at least be intellectually honest and acknowledge the fact that they want Mike Wood’s power plant and will do anything to make sure it gets built, if that is their position.”

Burrillville Democratic Town Committee opposes power plant


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2016-03-22 Burrillville 001WHEREAS, Invenergy’s Clear River Energy has proposed a $700 million project to construct a natural gas-fired electric power plant in the Town of Burrillville, which will consist of two single shaft “H” Class combined cycle units with output up to 1000 Mega watts, air cooled condensers and duel fuel capability (natural gas and oil back up) and is schedule for a June 2019 commercial operation date for Unit 1 and 2020 for Unit 2 and;

WHEREAS, the Burrillville Democratic Town Committee has deep reservations and concerns about the safety and quality of life for local residents if the Clear River Energy Center comes to fruition, and;

WHEREAS, the Burrillville Democratic Town Committee has historically and proudly striven to protect the rural character of Burrillville and Northern Rhode Island through legislative means and does now believe that the town’s infrastructure will be tested beyond limits to support the proposed power plant, and;

WHEREAS, the Burrillville Democratic Town Committee has been and will always continue to be a strong supporter of our environment and protector of our piece of a rural, tranquil corner of the state, which has already seen the ill effects of severe water contamination and the trickledown effect of the same.

NOW, THEREFORE, BE IT RESOLVED by the Burrillville Democratic Town Committee, as tireless advocate of the core principles of the Democratic Party, in protecting the interests of working families, protecting our children and elders and those most vulnerable and fighting for sensible comprehensive planning, that it OPPOSES the construction of Invenergy’s Clear River Energy Center within the borders of Burrillville, Providence County or the State of Rhode Island and hereby goes on record of its decision to encourage the Energy Facility Siting Board to deny Invenergy’s request to locate its proposed construction in Burrillville, Rhode Island.

Passed as a Resolution of the Burrillville Democratic Town Committee this 7th day of June, 2016

The angry crowds never came to the Burrillville Town Council meeting


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BTC 02The Burrillville Town Council, through their press agent Dyana Koelsch, issued a “press release” Tuesday evening in which they laid out many of the details they are looking for in a tax agreement with Invenergy, the company that plans to build a fracked gas and diesel fuel burning power plant in Pascoag.

In the release the Town Council takes a strong stand against the Keable/Fogarty legislation that recently passed House but has seemingly stalled in the Senate that would allow Burrillville voters the opportunity to approve or reject any tax treaties negotiated by their Town Council with power plant operators. Many Burrillville residents felt betrayed by the press release, arguing that the Town Council has demonstrated that it is working against the people and in concert with Invenergy.

The decision to issue the press release was made without any apparent public announcement, hearing or vote. Town Manager Michael Wood explained that in light of the legislation introduced by Rep Cale Keable and Senator Paul Fogarty, “we felt it was necessary to get a statement out… We send these press releases where we think they need to go.” (Note: atomicsteve@gmail.com is a great place to send press releases)

BTC 01The issuance of the press release was likely decided at Tuesday night’s “special meeting” of the Town Council.  In trying to access the video of this meeting, I discovered that there was no video. “As the camera was not working, there is no video for the June 7, 2016 Town Council meeting,” according to an email from the town clerk.

Too bad. It would have been interesting to hear what discussions, if any, pertained to the issuance of the press release.

The Town Council must have been expecting fireworks at their regular Town Council meeting last night. Upon arrival I noted the presence of at least four police cars and several officers outside. There was a heavier than usual police presence inside the Town Building at 105 Harrisville Main St. as well. Present was the entire Town Council, except for Kimberly Brissette Brown, who was absent. Also present were Town Manager Michael Wood, legal counsel Oleg Nikolyszyn, Town Clerk Louise Phaneuf and Koelsch.

The large, angry crowd never materialized.

In a phone interview, Koelsch told me that her PR firm was hired by the Town Council “to help them disseminate information in the best way we can to folks in town… The Town Council needs to speak with people in town and they need to let people know what they’re doing.” Clearly the Town Council thought her expertise would be useful in dealing with the angry crowds coming to the Town Council meeting.

About 20 people showed up. Only two residents from Burrillville talked to the Town Council: Donna Woods and Jaime Tessier. Instead of attending the Town Council meeting, most Burrillville residents concentrated their energies on the Senate Judiciary hearings in the State House in Providence.

The two Burrillvillians who addressed the Town Council did not mince words.

Donna Woods called the Town Council actions in sending the press release “shameful” and “corrupt.”

“You will be remembered for generations in this town for what you have done to us,” she said.

Jaime Tessier said to the Town Council, “That letter showed a complete lack of respect for the people you are supposed to represent.”

A gloomy Council President, John Pacheco III, ran the meeting almost by rote. He did not seem happy to be there. As the Council moved on from public commentary and into the regular meeting, they did so as 20 or so Burrillville residents simply sat there and watched, silently.

After the regular business was conducted, the Council went into “executive session” to hold a meeting about the Invenergy power plant. The public was not allowed to attend. In addition the the Town Council members the closed session was attended by Wood, Nikolyszyn, Phaneuf and Koelsch. The minutes and vote in the executive session have been sealed, but after coming out of closed session the Council announced that they had passed an official resolution that echoed the main points of the press release issued the day before.

Resolution

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Senate committee tables Burrillville bill


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nesselbushThe Senate Judiciary Committee held for further study a bill that would give Burrillville residents a role in determining the tax rate a proposed power plant would pay to the town. The committee took six hours of testimony, before and after the full Senate session. About 50 people spoke, about two-thirds of who oppose the power plant and support the legislation that would give town residents veto power over a tax treaty.

DSC_4460 (1)Senator Harold Metts motioned to hold the bill for further study and Chairman Michael McCaffrey seconded. No senator voted against holding the bill for further study. It passed the House the day before 64 to 7.

Earlier in the week, Senate President Teresa Paiva Weed declined to comment on the bill to a gaggle of reporters. Senate Majority Leader Dominic Ruggerio sat in on the session as an ex oficio member. Last week he told RI Future he did not support the bill and does support the power plant.

“I’m afraid this bill could have very bad repercussions and effects,” Ruggerio said. “I’m concerned about our energy needs in the Northeast.”

DSC_4458 (1)
Paul Fogarty

At yesterday’s hearing, senators Stephen Archambault, Donna Nesselbush and Frank Lomardi spoke out adamantly against the bill.

“From our side as state legislators, to them thwart every local government process where hopefully you would have good people elected who would listen to you,” Nesselbush told a Burrillville resident who had just finished explaining that the town council has not been listening to the residents. “I am loath to change a statewide approach because perhaps one town councilor is not doing his or her job. Your local government is supposed to represent you.”

Archambault said residents should not have a say over the tax treaty between the town and the corporation. “The town council, at large, has been elected and is in a position to best negotiate tax treaties.”

Burrillville residents say the bill is necessary because they can’t trust their town council to negotiate in good faith. The legislation would add a town vote on any tax treaty the council negotiates with a power plant corporation. It would increase membership on the state Energy Facilities Siting Board from 3 to 7, one of whom would be a representative of the state Water Resources Board. This is important to Burrillville residents because the proposed power plant would be cooled with polluted water that the corporation says it can filter.

Sierra Club mobilizes to prevent veto of Keable/Fogarty power plant bill


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Raimondo
Gina Raimondo

The Rhode Island Chapter of the Sierra Club has sent an email to their subscribers asking them to call Governor Gina Raimondo and urge her not to veto the Keable/Fogarty bill that will allow Burrillville voters to vote on any tax agreements their Town Council makes with Invenergy for the proposed fracked gas and diesel oil burning power plant in Pascoag.

The Sierra Club has “made it our top priority to fight the proposed billion dollar fracked gas and oil power plant that a major corporation wants to build in the beautiful town of Burrillville, Rhode Island.”

Here’s the good news: there is legislation making its way through the General Assembly that could stop this insane new plant. In fact, a bill by Rep. Keable and Sen. Fogarty that would give the town of Burrillville the authority to hold a local referendum on the proposal is looking likely to pass both the House and the Senate!

Now here’s the bad news: Governor Raimondo is a big supporter of the power plant, and she has threatened to veto this legislation.

The email goes on to say, “Make no mistake, a veto by the governor would be a betrayal of everyone who cares about our planet, and of future generations of Rhode Islanders. It would represent a suicidal double-down on the dangerous fossil fuel economy that has taken our climate to the brink and that promises so much more destruction in coming years.”

The email conatins a handy button to contact the Governor, reproduced here:

You can also reach her office can be reach by phone at (401) 222-2080, by email at governor@governor.ri.gov, and online here. The Sierra Club asks that callers please repeat this message, as loud and clear as you can:

Governor, I urge you to stand by your campaign commitment to fight climate change. Please do not veto the Keable/Fogarty legislation to give local voters a say in this massive new fossil fuel investment. This decision will define your environmental legacy – I hope you make the right choice, for the sake of our children, grandchildren, and all future generations of Rhode Islanders.

Representative Aaron Regunberg, a co-sponsor of the bill in the House, echoed the Sierra Club ask but also wrote in an email to his constituents that,

“There are a lot of good people in the building trades who support this proposal, and I feel for them – they need work, and they see this project as their best chance to support their families. That’s why I also commit to fighting – just as hard – for a renewable energy agenda that will create good, family-supporting jobs for folks who need them. We know it’s possible, and I’m ready for the fight.”

Burrillville Town Council opposes Keable/Fogarty power plant bill


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Dyana Koelsch
Dyana Koelsch

The Burrillville Town Council opposes legislation moving through the State House that would give local residents greater say on the tax agreement between the town and the proposed fracked gas power plant.

“The ill-conceived legislation before the General Assembly that purports to give residents a voice in the matter – in fact does the opposite,” said a letter released to RIPR’s Ian Donnis last night. “It weakens the Town Council’s ability to protect its residents and obtain financial compensation for hosting the proposed power plant.

The documents were released to Donnis by Dyana Koelsch, retained by the Town Council to handle public relations on their behalf. Koelsch, a former journalist-turned-public relations consultant, told me in a phone conversation last week she was retained by the Town Council to facilitate better communication between the Town Council and local residents.

The release of these documents seems to have come some time after the House passed Representative Cale Keable‘s bill, H8420 Sub A, which, if it becomes law, will allow the voters of Burrillville the opportunity to approve or reject any proposed tax treaty the Town Council makes with an power plant by popular vote. In recent days opposition to this bill has been ramping up, with Invenergy purchasing a full page ad in the Providence Journal on Saturday, an op-ed co-signed by Laurie White of the Greater Providence Chamber of Commerce and Michael Sabitoni of the Rhode Island Building and Construction Trades Council on Sunday, and a bellicose tirade on the Journal’s editorial page yesterday.

Despite the opposition of business leaders and unions the Keable bill passed the floor 64 to 7 as Burrillville residents applauded. You can watch the vote below and see the reaction of Burrillville residents below. The difference between the votes reported above and the votes pictured is due to some legislators entering their votes late.

Vote

The release of the Burrillville Town Council letter opposing the Keable bill provoked a flurry of responses on social media. At about 10:30pm Burrillville City Councillor David Place confirmed that the letter was indeed accurate when he commented on Burrillville resident and power plant opponent Jeremy Bailey’s Facebook page.

Screen Shot 2016-06-07 at 11.33.39 PM

The reaction from Burrillville residents has been negative and angry:

  • I have NEVER seen such political BS in my life!!!
  • Has to be a back room deal going on ! Obviously representing Invenergy’s interest over the citizens!!!!
  • This is very disappointing and kicks us in the gut ! These council people are traitors and sneaky too, it’s not fair to the towns people!

It’s unclear when the Town Council decided to write the letter, or if that decision was made at a public meeting.

The timing of the release is strange, since tomorrow evening there is a Town Council meeting scheduled, with public comment. Past Burrillville Town Council meetings have been contentious. Tomorrow night’s promises to be explosive. Why the Town Council would choose to invite the approbation of their constituents is a mystery. There is talk of a recall election for the four Town Councillors not up for re-election this fall.

The most startling thing about the documents released is that they contain details of the town’s negotiated tax deal with Invenergy, details that the Town Council has previously stated must remain secret while being negotiated. Though the tax deal is not yet done, the Town Council says there is “an agreement in principle on the following:”

  • $2.9 million upfront payment – $1.2 million in guaranteed payments even if the EFSB denies the application
  • $92 million – $180 million guaranteed payments over the next 20 years
  • Protection for property owners near the proposed power plant site through a property value agreement
  • Fully binds future owners if the plant is sold or otherwise transferred
  • Protection for Town residents into the future by locking in place a decommissioning plan

The Town Council claims that the legislation weakens the Council’s ability to protect its residents and obtain financial compensation for hosting the proposed power plant, strips the Town Council’s negotiating leverage that can force Invenergy to compensate the town, and jeopardizes efforts to put financial safeguards in place for residents near the power plant and compromises an agreement for the decommissioning of the plant.

I reached out to Jerry Elmer, a Senior Attorney for the Conservation Law Foundation, overnight and he was kind enough to send me some notes on the various documents, which I will quote in full beneath the page he references.

Elmer said, in summary, “The bottom line is this:  The members of the Town Council of Burrillville know, with absolute certainty, that the sweetheart deal they are negotiating with Invenergy would be overwhelmingly rejected by the voters of Burrillville if the voters of Burrillville got the right to vote on it.  The members of the Town Council are correct in their assessment.  That is why they are urging that the Keable-Fogarty Bill be rejected.”

1

01

From Jerry Elmer: “Document 2, page 1, bullets at the bottom:  Town Council claims it has remained “neutral” on whether the plant should be built in order not to taint its comments to the EFSB.  Two things must be said about this.  First (and maybe more important), these documents show that the Town Council has not remained neutral, and that the Town Council very much wants to enter into a Tax Treaty with Invenergy.  The Town Council is urging defeat of the Keable-Fogarty bill which would give the people of Burrillville the right to vote on such a (possible, future) tax treaty.  That is not “remaining neutral.”  Second, the Town Council has (very seriously) misunderstood what kind of “neutrality” is required of it by Rhode Island law.  The Town Council has consistently refused to discuss the proposed Invenergy plant, even at public meetings, called pursuant to the state’s Open Meetings Act, even with a stenographer present.  The Town Council pretends that this is being “neutral,” but this is merely ignoring constituents.  And, crucially, this refusal to discuss the Invenergy proposal in open meetings is not required by any Rhode Island statute, law, rule, or regulation, including the state’s Open Records Act.”

From Jerry Elmer: “Document 2, page 1, bullets at the bottom:  Town Council says that the purpose of the tax treaty is “to properly compensate Burrillville” if the Invenergy plant is built.  However, what constitutes a “proper” level of compensation is a judgment call, about which reasonable people may disagree.  The main effect of the Keable-Fogarty Bill would be to return that judgment call to the people of Burrillville.”

03

From Jerry Elmer: “Document 2, page 3, bullet half way down page [above], Town Council says:  Having a tax treaty is a “guarantee of full taxability” of Invenergy.  This is factually incorrect, and it is inconceivable to me that the Town Council is not fully aware of that fact.  There is today, in the Town of Burrillville, a background, already-existing tax law that would cover this power plant (just as every municipality in Rhode Island, and indeed the United States, has an existing, background law on how to tax the real estate of individuals and businesses).  The only reason that Invenergy wants a tax treaty with the Town of Burrillville is in order to get a different, lower tax rate.  This makes sense:  Invenergy will not negotiate with the Town for a higher tax rate; no business would do that, because it makes zero business sense.  The reason that Invenergy would not negotiate for a higher tax rate is that Invenergy, without any negotiations at all, could get the currently existing tax rate.  The only purpose of a tax treaty is to give the applicant (here, Invenergy) a lower tax rate than the existing one.  This is true of this tax treaty, just as it has been true of every tax treaty since tax treaties were invented.  In other words, when the Town Council says that a tax treaty is meant to be a “guarantee of full taxability” that statement is just factually incorrect.”

02

From Jerry Elmer: “Document 2, page 2, Town Council says that having a tax treaty in place “eliminates costly appraisals” and “eliminates volatility in future appraisals.”  On these two points, the Town Council is speaking the literal truth, but in a deeply misleading way.  These statements of the Town Council are factually accurate, but what is left unsaid is that, if the Keable-Fogarty Bill is defeated, that defeat will eliminate the right and ability of the people of Burrillville to vote on a Tax Treaty that may be reached between the Town Council and Invenergy.  Let me use an analogy:  I am threatening to murder you in cold blood.  Before I do it, I tell you to think about the many “advantages” of being dead:  you’ll save money on food, you’ll save money on rent, and you’ll never again go to a movie that you end up not liking.  What I am saying is literally true, but what I am saying is misleading (in the extreme).  So, too, with the Town Council statement.  A tax treaty would eliminate costly appraisals — and would eliminate the right of the people of Burrillville to vote on a sweetheart deal reached between the Town Council and the people of Burrillville.”

 

Tomorrow the Senate takes up their version of the bill, S3037 in Senate Judiciary at 2:30pm in room 313 in the State House. The Burrillville Town Council meets tomorrow evening at 7:00pm in the Town Council Chambers, Town Building, 105 Harrisville Main St., Harrisville.

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ProJo’s Burrillville bill editorial, annotated


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It’s little wonder a Providence Journal editorial would shill for a fossil fuel company while ignoring the people of Burrillville. The once-trusted op/ed board has a long history of engaging in climate science denialism and valuing the will of corporations over the will of the people. But while the ProJo is entitled to its own opinions, it isn’t entitled to its own facts and today’s editorial deriding the Burrillville power plant bill being voted on today contains several errors, omissions, half truths and flat out lies.

I’ve annotated the editorial here. (Editor’s note: The Providence Journal changed the url on this editorial after it was annotated. Here is a new url. We will update this post again if the ProJo again changes the url. )

projo annotatedClick on the yellow highlighted phrases to find out what they really mean, or what the author should have written.

CLF supports power plant bill, calls out ‘scare tactics’


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2016-05-26 Burrillville at the State House 021
Paul Fogarty addresses constituents at the State House

The Conservation Law Fund (CLF) supports S-3037, by Senators Fogarty, Nesselbush, and Kettle, and respectfully urges passage of this bill. This bill addresses an important issue pertaining to the proposal by Invenergy to build a new 900 MW fossil-fuel power plant in Burrillville, RI.

CLF has considerable first-hand knowledge of the Invenergy proposal. CLF is the only environmental organization that has been admitted as a full party before the Energy Facility Siting Board (EFSB) in Docket SB 20 15-06, which is the Invenergy permitting proceeding. CLF is the only environmental organization that has been admitted as a full party in the Public Utilities Commission Docket # 4606 that is considering issues pertaining to Invenergy (including whether the proposed plant is even needed and what the ratepayer impacts might be).

In connection with these legal proceedings, CLF has received and reviewed thousands of pages of evidence, including significant quantities of confidential information pertaining to the Invenergy proposal. CLF urges passage of Senator Fogarty’s bill because it addresses a crucially important issue that is not being addressed anywhere else — and, indeed, cannot be addressed anywhere else: the matter of voter approval for tax treaties.

I respectfully direct your attention to the portion of this bill beginning on page 3, line 34, and running through page 4.

Under long-existing law, R.I. General Laws § 44-3-30, the Town Council of Burrillville has the legal ability to enter into tax agreements, called “tax treaties,” with the proponent or owner of electricity-generating plants within the Town. Senator Fogarty’s bill would make one crucially important change to this law. The bill would retain the long-existing power of the Burrillville Town Council to enter into these tax treaties — but would require voter approval of such treaties.

This bill is good for democratic process.

The only argument that I have personally heard from Invenergy’s lawyers against this provision in the Fogarty Bill is that, by requiring such voter approval for tax treaties, the Bill would stymie any and all infrastructure projects in the state. I was even told that passage of the Fogarty Bill would prevent small projects from going forward at the Johnston Land Fill.

This is untrue. The underlying, existing statute that the Fogarty Bill modifies pertains only to Burrillville, and only to electricity generators in Burrillville. The Bill would have no application and no effect anywhere else in the state.

Moreover, if enacted, the Fogarty Bill would not stop the Invenergy plant from being built — nor even prevent the Burrillville Town Council from entering into a tax treaty with Invenergy. The only thing the Fogarty Bill would do is require that any such tax treaty be voted on by the people of Burrillville.

And, in the event that such a tax treaty were turned down by Burrilliville voters, even that would not necessarily stop the Invenergy plant from being built. The tax treaty that was voted down would not take effect, but Invenergy could seek to negotiate a different tax treaty, or could even build the plant without a tax treaty.

In short, the scare tactics used by Invenergy and its allies to oppose this provision of the Fogarty Bill are just not true.

I want to address one other provision in this bill: the section on page 1, lines 7 to 14, that would enlarge the membership of the EFSB. When this bill was heard in the House Environment Committee on Thursday, May 26, National Grid expressed reservations about expanding the membership of the EFSB, and said that so expanding the EFSB could potentially jeopardize tens (or even hundreds) of millions of dollars of pending infrastructure projects.

CLF has long had reservations about the way the current EFSB is constituted; thus, CLF well understands the impulse to change how the EFSB is constituted. Nevertheless, CLF believes that the most critically important portion of Senator Fogarty’s bill is the portion on page 4 requiring voter approval of tax treaties. For that reason, if there is significant opposition to the provision on page 1 of the bill (changing the membership of the EFSB). CLF respectfully urges that you strip out that latter provision and pass the rest of the bill.

[This post was created with an advanced copy of Jerry Elmer’s testimony for tomorrow’s Senate Judiciary hearing.]

On Burrillville power plant, Janet Coit shows concern for the environment and/or future lawsuits


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DSC_3258The June 2 open meeting of the Energy Facilities Siting Board (EFSB) was a rare opportunity to hear board members Margaret Curran, Janet Coit and Parag Agrawal talk openly about their thoughts regarding the process of the board in approving or denying Invenergy‘s proposed fracked gas and diesel oil burning power plant in Burrillville. That said, it’s also a bad idea to draw too many inferences about board members thoughts based on their words.

One example of this came near the end of the 45 minute meeting. Janet Coit, who directs the RI Department of Environmental Management (RIDEM) when she’s not on the EFSB, suggested directing RIDEM to expand their advisory opinions on the environmental impact to include impact on wetlands, impact on state conservation areas and the cumulative impact of all fossil fuel development in the area, including pipeline compressors and the Ocean State Power Plant.

Janet Coit
Janet Coit

It would be easy to see Coit’s suggestion, which was approved unanimously by the board, as indicative of a concern about environmental impacts and as a response to the concerns of community members who have spoken at one or more of the open comment hearings held in Burrillville. But Coit’s suggestion may be no more than an attempt to make sure all the bases are covered. Getting advisory impact statements does not take away the EFSB’s ability to rubber stamp the power plant. It just provides the board with appropriate legal cover.

Chair Curran was on board with the suggestion that the cumulative effects the fossil fuel infrastructure in Burrillville might have on wildlife, saying, “I’m partial to the bats.” But again, her concern for the bats might dissipate in the light of Invenergy’s desire to build a new power plant where it is not wanted.

Meg Curran
Margaret Curran

Coit also suggested that the EFSB take “official notice” of the court order that closed the MTBE contaminated well in Pascoag, the same well that Invenergy hopes to use to cool their turbines on the promise of cleaning up the contamination. The well was sealed after many families became due to the MTBE in their water. As a result of Coit’s suggestion the court order has become part of the official record.

There were no public comments allowed at this meeting, and no lawyers from any of the intervenors were allowed to ask questions or comment. The meeting was for the three board members to “discuss, deliberate and decide” on various aspects of the hearing process. They started by denying one “late intervention” of an abutting property owner and approving another. The difference between the two applicants seemed to be that one applicant was zoned for residential and business, a special case that may require a separate lawyer.

Parag Agrawal
Parag Agrawal

Todd Bianco, coordinator of the EFSB, ran through the current status of the advisory opinions the board has requested. Most of the opinions seem to be roughly on schedule. Surprisingly, Invenergy has yet to apply for the proper permits from the RI Department of Transportation (RIDOT). Under current rules, it would take RIDOT three months to process the applications, and Bianco said RIDOT was “unable to determine if the applications will be on time.”

The meeting ended with a discussion of how to do better outreach with the public. Bianco said that he continues to run advertisements for meetings in the ProJo and in two local Burrillville publications. This lead to a discussion of whether or not to have a Twitter account for the EFSB.

“It would be my first,” said Bianco, “I could learn how to tweet, and hashtags are a thing…”

John Niland
John Niland

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