Keable’s Burrillville power plant bill passes out of House committee


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Art HandyRepresentative Cale Keable‘s bill to change the make-up of the Energy Facilities Siting Board and give the voters of Burrillville the ability to vote on any tax treaties their town council may enter to with companies interested in building a power plant in their town passed out of committee today on an 11 to 2 vote. Only Representatives Ray Hull and Michael Marcello voted against the bill, heard in the House Committee on Environment and Natural Resources, chaired by Representative Art Handy.

The bill now moves to a full House vote, possibly as early as Thursday.

Rep Marcello was one of two representatives to attend the Northern Rhode Island Chamber of Commerce’s Eggs & Issues Breakfast Thursday morning where Invenergy‘s director of development John Niland was the guest speaker.

The bill, if it becomes law, will allow voters in Burrillville the ability to check the power of their Town Council, which has the authority to set the rate of taxes to be paid by Invenergy, which has proposed a fracked gas and diesel oil burning power plant for that town.

The bill, H8240a, is a modified from the version heard in committee last week. The main change is that the number of EFSB members is to be seven, not nine as originally proposed. The original bill included the chairperson of the Commerce Corporation and the director of the RI League of Cities and Towns as board members. These have been removed.

The original bill scheduled the vote on the tax agreement during the next general election. The new bill allows for special elections, to be paid for at the applicant’s expense. Near the end of the bill a section was added, at the behest of National Grid, that would exempt any transmission line project that was filed with the Energy Facility Siting Board prior to June 1, 2016.

The bill now heads to the House for a full vote by the chamber.

Meanwhile, the fate of the Senate bill, S3037, which has been referred to Senate Judiciary, is unknown. The bill awaits being heard in committee and time is running out in this session to pass the bill. The bill was introduced by Senator Paul Fogarty.

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Video: House testimony on Keable’s power plant bill


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The testimony on Cale Keable’s bill, H8240, which if passed will give voters in Burrillville the ability to approve or reject any tax treaty with potential power plants in their town, pitted town residents and environmental activists against business and labor concerns. In all 56 people testified on the bill during the five hours of testimony, 43 in favor and 13 in opposition.

Below is all the testimony, in order, separated by speaker.

01 Representative Cale Keable, who represents Burrillville, introduced the bill.

02 Jeremy Bailey, Burrillville resident

03 Lenette F. Boisselle, representing the Northern RI Chamber of Commerce, opposes the bill. Earlier in the day, Loiselle was at the Kirkbrae Country Club for the Northern RI Chamber of Commerce breakfest. At that event, all the questions for guest speaker John Niland, director of development for Invenergy, the company that wants to build the power plant in Burrillville, were submitted in writing. It was Boiselle who carefully sorted the questions, allowing Niland to only answer softball questions.

Boiselle took some tough questions regarding her opposition to the bill. The Chamber of Commerce, says Boiselle, “has a history of opposing any type of referendum… as a fundamental principle, the Chamber of Commerce believes that these types of issues are extremely complicated, that’s why we elect people to be in a position to be able to take the time to study the pros and the cons and determine whats in the best interest of whether it be the town or whether it be the state.”

Boiselle said that the Chamber has “no position on the power plant one way or another” and that if this bill is passed, whoever spends the most amount of money to advertise their positions will likely win.

The legislation, said Boiselle, in response to a question from Representative Michael Marcello, “could kill [a project] just by making it wait” until the next general election for the voters to decide.

Representative John Lombardi asked “what would be wrong with the town and the council having the last say in this. Is there a problem with that? You say you oppose that?”

Boiselle said that the time it takes to understand the pros and cons of complex issues is too great for voters. That’s why we elect representatives.

“I think its always good to engage the people,” said Lombardi.”It’s supposed to be a representative government, but sometimes it doesn’t end up that way. They don’t seak on the behalf of the people. I think this is a good process.”

“I’m just curious,” asked Representative Aaron Regunberg, “Money plays a big role in pretty much every election, do you think we shouldn’t have any elections?”

04 Jerry Elmer, senior attorney at the Conservation Law Foundation is strongly in favor of the bill.

05 Mike Ryan of National Grid opposes the bill, at least in part. They have no position on the part of the bill concerning voter approval of negotiated tax treaties.

06 Meg Kerr, of the Audubon Society, is for the bill.

07 Elizabeth Suever representing the Greater Providence Chamber of Commerce opposes the bill. She seems to think that granting more democracy to Burrillville might make other municipalities want more democracy as well, which may slow down growth. Of course, Suever never uses the word democracy, because that would make her argument sound anti-American.

08 Paul Bolduc is a Burrillville resident.

09 Greg Mancini – Build RI

10 Paul Beaudette – Environmental Council of RI

11 Michael Sabitoni -Building Trades Council

12 Lynn Clark

13 Scott Duhamel – Building Trades

14 Peter Nightingale – Fossil Free RI

15 Roy Coulombe – Building Trades

16 Adam Lupino – Laborers of NE

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18 Paul McDonald – Providence Central Labor Council

19 Paul Lefebvre

20 George Nee AFL-CIO

21 Jan Luby

22 Richard Sinapi – NE Mechanical Contractors Association

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Keable’s Burrillville power plant bill due for Tuesday vote


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Cale Keable

Rep Cale Keable‘s bill, H8240, which would give the voters in Burrillville the ability to approve or reject any tax treaty the town council negotiates with Invenergy concerning the proposed fracked gas and diesel oil burning power plant, is due for a vote Tuesday at the rise of the House. The bill was placed on the calendar late Friday afternoon.

The bill was heard in committee on Thursday, after a large rally attended by residents of Burrillville and environmentalists in favor of the bill. Business and labor interests oppose the bill. The building trades hoped to secure over 300 jobs with this project.

Senator Paul Fogarty has entered a companion bill in the Seante, S3037, which is currently awaiting a hearing in Senate Judiciary.

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State House rally against Burrillville power plant disrupted by union members


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2016-05-26 Burrillville at the State House 009The State House rally against Invenergy‘s proposed fracked gas and diesel oil burning power plant became confrontational as counter-protesters, identifying themselves as Building Trades union members, disrupted the proceedings by holding signs in front of speaker’s faces and attempting to grab the microphone. The rally was planned by Keep Burrillville Beautiful, made up of Burrillville residents, who are “against the unnecessary industrialization of our town by the proposed power plant.”

The union members want the plant to be built because of the more than 300 jobs that will be created.

As Burrillville resident Jeremy Bailey took to the podium to speak, a man held a sign in front of his face, preventing him from being seen by my camera. Bailey took the sign out of his face and cast it away, immediately provoking an angry response from other union members. An attempt was made to grab the microphone away, Capitol Police moved in, and things became highly confrontational and chaotic.

You can watch some of it in the video below.

As near as I can determine, no arrests were made, and no one was asked to leave the State House. Up until that moment, the rally had been going as planned. Afterwards, several Burrillville residents complained about the behavior of some of the union members, saying they were “rude” and “showing their true colors.”

Speakers included Senator Paul Fogarty and Representative Cale Keable, who introduced a bill, H8240 which, if passed, would give the voters in Burrillvile the ability to approve or reject any tax treaty the town council negotiates with Invenergy. The bill was heard after the rally in the House Committee on Environment and Natural Resources. I’ll have another post later today with the testimony on the bill.

You can watch the first part of the rally below:

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Senator Paul Fogarty

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Representative Cale Keable

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National advocacy groups call on Raimondo to drop power plant support


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2015-11-30 World AIDS Day 007 Gina Raimondo
Gina Raimondo

Today, over a dozen national advocacy groups joined local community groups in delivering a letter to Rhode Island Governor Gina Raimondo asking her to show climate leadership and revoke her support for the proposed Invenergy Clean River Energy Center in Burrillville, RI. The groups noted there are serious concerns about local air and water pollution, and also that methane released from fracked gas is a potent greenhouse gas contributing to the climate crisis. Methane leaks from every stage of the natural gas system, from well sites to processing plants and compressor stations to beneath city streets.

“Support for this project is inconsistent with climate leadership and will move us away, rather than towards, the quick and just transition to 100 percent renewable energy that we desperately need…Promoting natural gas not only will lock in decades more of fracking and contribute to the climate crisis, but it will result in billions of dollars being spent on the infrastructure to support burning gas, preventing us from moving into a sustainable energy future,” said the letter.

Governor Raimondo has spoken out about the need to address climate change, and her desire for the state to become a green energy leader. Regarding Rhode Island’s participation in the Governors’ Accord for a New Energy Future, Raimondo said, “Already, we’ve taken valuable steps forward to reduce our environmental impact and grow green jobs by supporting the construction of the nation’s first offshore wind facility, investing in renewables, and encouraging clean modes of transportation. More work remains, and this accord acknowledges the challenges we face and our commitment to addressing them.”

“Governor Raimondo can’t have it both ways,” said Wenonah Hauter, executive director of Food & Water Watch, which organized the letter. “Fracked gas is as dirty as it gets. Burrillville residents deserve better than the Invenergy plant. The climate deserves better, too.”

“There are 300 gas plants proposed across the country,” said Nick Katkevich of The FANG Collective. “Building these plants will lock us in to climate catastrophe and hurt communities facing the onslaught of fracked-gas infrastructure. We need Governor Raimondo to listen to her constituents and drop her support of Invenergy’s proposed power plant.”

“Fracked-gas is not a bridge fuel to a clean energy future – it’s a road block. We need a just transition to 100 percent community owned renewable energy. For this to happen in Rhode Island, Invenergy’s proposed power plant must be cancelled,” said Kathy Martley of Burrillville Against Spectra Expansion, who lives a quarter mile from the proposed power plant site and the existing Spectra Energy compressor station in Burrillville, RI.

Many of these organizations will be converging on Philadelphia on July 24, on the eve of the Democratic National Convention to demand that elected leaders including Governor Raimondo take swift action to keep the vast majority of fossil fuels in the ground and commit to transitioning swiftly to renewable energy.

“Governor Raimondo’s decision will not only determine the fate of the project,” said Hauter. “It will also determine whether she is a leader in this revolution, or a follower on the same old dirty path.”

Organizations signing the letter include: 350 CT; 350.org; AnastasiaThinks INC; Breast Cancer Action; Burrillville Against Spectra Expansion; Center for Biological Diversity; Climate Disobedience Center; Elders Climate Action; Environmental Action; The FANG Collective; Food & Water Watch; Franciscan Response to Fracking; Friends of the Earth; Grassroots Environmental Education; Immanuel Congregational Church UCC Environmental Ministry Team; Jewish Climate Action Network; Justice Action Mobilization Network; Justice and Peace Office of the Congregation of Notre Dame USA; National Nurses United; People Demanding Action; Popular Resistance; Progressive Democrats of America; South Coast Neighbors United, Inc.; Stand; Stop the Algonquin Pipeline Expansion; Toxics Action Center; U.S. Climate Plan; and We Are Seneca Lake.

The letter can be found online at: http://www.foodandwaterwatch.org/sites/default/files/rhode_island_powerplant_sign_on_letter_final_5_23_16.pdf

[From a press release]

Invenergy’s Niland pitches power plant at country club


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John Niland
John Niland

John Niland, Invenergy’s director of development, gave a short presentation and answered eight questions at the Northern Rhode Island Chamber of Commerce’s Eggs & Issues Breakfast  Thursday morning. The questions were submitted in writing and carefully vetted before being read to Niland. The event was sponsored by the Clear River Energy Center, so there was little expectation of any kind of robust give and take. Held at the exclusive Kirkbrae Country Club, it wasn’t the venue for tough questions.

In attendance at this breakfast was Woonsocket Mayor Lisa Baldelli-Hunt, and state representatives Michael Marcello and Brian Newberry.

Niland has been Invenergy’s front man for a proposed fracked gas and diesel oil burning power plant in Burrillville. His messaging is always very careful and measured. Still, over the course of his short talk, he did reveal some interesting nuggets of information.

DSC_1682The proposed power plant is dual fuel, so it can burn either gas or oil. Though gas is not a clean energy source, it is better than burning oil for the environment directly surrounding the plant. The circumstances under which oil will be burned, then, is of some importance. Niland said, “some people are saying we will be making an economic choice” as to which fuel to burn when. [In fact, I was the first to suggest this, back in January.]

Niland did not dispute this analysis, per se, but said instead that the last time oil and gas were at price parity was in 2014, and indicated that it would therefor not be a problem.

He seems to think that oil’s current price of around three and four times that of gas is a permanent condition, ignoring the possibility of the gas bubble bursting (as I pointed out here) or that oil will collapse in price due to competition from renewables.

Niland also said that entering the ISO Forward Capacity Auction “was a risk for [Invenergy].” As I pointed out here, Invenergy’s proposed plant’s performance in the Forward capacity Market demonstrates that the plant is not needed. The ISO, a market that determines future energy prices here in New England, bought some power from Invenergy, but all the power it bought is surplus.

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Lorraine Savard

Niland completely reverses this analysis. Committing to purchasing some of the power from the proposed plant, he says, is the ISO’s “way of saying,’we need this power.’”

Not quite.

As for the water that Invenergy hopes to draw from a MTBE contaminated well and clean before dumping it as wast water in the Clear River, Niland admits that his company can “probably” clean the water and that they are “currently working up a detailed design” for the water treatment. MTBE is responsible for the closing of wells in Burrillville and has been linked to a terrible cancer cluster.

During the question and answer period Niland seemed pleased that Rhode Island has an Energy Facility Siting Board. Many states lack such a board, and he seemed to like having to deal with a state level agency made to smooth the way for power plant projects.

As for noise levels for the standard operation of the plant, Niland called the 43 decibels currently on the books in Burrillville “somewhat restrictive” and said that his company will ask for a variance.

Some curious math was proposed by Niland, who said that the plant, if approved, will begin construction “around this time next year, (May 2017) and be completed in 30-36 months, opening in June 2019. Not to be a stickler, but that’s 25 months for construction. We know that rushing construction leads to problems, is that what we’re heading for here?

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Sound and fury over power plant at the Burrillville Town Council


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Burrillville Town Council
Burrillville Town Council

Wednesday night’s Burrillville Town Council meeting began on a cautionary note as Council President John Pacheco warned those in attendance against outbursts, threats or cursing. These meetings are recorded, said Pacheco. The last meeting went too far, said Pacheco, and anyone acting that way tonight will be asked to leave. “Keep it civil, please,” said Pacheco.

Pacheco also acknowledged a change of policy regarding public comment under the Open Meetings Act. At previous meetings the town council maintained that they were not allowed to respond to comments and that only items on the agenda were allowed during public comment. Tonight Pacheco agreed that neither of these conditions are required under the law. This meant that tonight’s meeting was much more robust with the town council now having to say that they don’t want to answer certain questions, rather than saying that they are unable to answer.

Residents of Burrillville are up in arms about Invenergy‘s proposed fracked gas and diesel-oil burning power plant planned for the town. The plant’s owners promise lower taxes but residents say it will bring noise and pollution, as well as destroy precious wildlife habitats. The town council has been slow to respond to resident concerns about the power plant, and many feel that Town Manager Michael Wood has been actively working to bring the plant to town, rather than working in the best interests of residents.

Civility was maintained, but the anger of town residents was clearly on display. It was revealed at this meeting that on Saturday a group of anti-Power Plant protesters were asked to leave the Farmer’s Market because of their signs, petitions and tee shirts. This directive, say residents, came from Town Manager Wood. When asked about this at the meeting, Wood said that he only told the police and Burrillville Farmers’ Market Association Market Manager Deb Yablonski to not allow signs, not petitions and shirts. Wood said there is a long standing rule against “politicking” at the farmer’s market.

(When RI Future called Wood’s office earlier in the day to discuss this, Wood was out of the office and did not return our call)

Barry Craig, a lawyer, asked that the Town Council “provide guidance to the town manager” on the First Amendment, including the right to free speech and assembly. Lauren Niedel, a resident of nearby Glocester, rose to object to the word “politicking” saying that opposition to the power plant is not a political campaign.

Burrillville resident Jan Luby rose to express her distrust of Town Manager Wood. “I don’t believe our Town Manager is with us on this,” said Luby, “You’ve lied to us and we’ve caught you in those lies.” Christopher Watson rose to say, “He does not like this town, he does not treat the people of this town with respect.”

It was Jeremy Bailey who brought the conversation about Michael Wood to a boil, calling the town manager “a cancerous tumor.” Noting that he has heard from many people that Town Manager Wood is a bully, Bailey told the people on the stage, which included the entire town council and legal counsel of the Burrillville, “I bet there are people on the stage right now who have been bullied by Wood.” Bailey asked that the town council pass a resolution removing Wood from power, buying out his contract if necessary.

The town council took no action on Wood’s contract.

Residents were also concerned that the evening’s “executive session” of the town council, where the public is not allowed to observe, was being called by Wood to fast track a tax agreement with Invenergy for the power plant, ahead of Representative Cale Keable‘s bill that would allow the voters of the town to approve or reject such a tax treaty. Though the executive meeting was called by Wood and did concern Invenergy, residents were assured that no such action would take place.

There were a multitude of interconnecting issues discussed at the town council meeting concerning both the power plant proposed by Invenergy and the LNG compressor station upgrade proposed by Spectra. The compressor station emits a constant noise, which occasionally becomes extremely loud. Loud enough that some residents receive notifications ahead of “blow offs.” Residents fear that the new power plant will add to the noise once constructed, never mind the noise from trucks delivering materials to the build site and the sounds of construction.

Kathy Sherman said that Spectra, in their own materials, acknowledges that they are above the town mandated limit of 55 decibels. During a blow off, where LNG is literally released into the atmosphere to relive pressure in the pipeline, the sound is great enough that Sherman feels it would have given her husband a heart attack if he wasn’t given ample warning. Blow off, said resident Stephanie Sloman, emits 45 thousand tons of LNG a year from that one compressor station in Burrillville.

Spectra plans to build a bigger (and presumably larger) compressor station there soon.

Nicholas Cook gave a demonstration of the noise levels heard by residents. The low tone generated by Cook is not heard well on the recording below, but the sound immediately annoyed town solicitor Oleg Nikolyszyn, who asked that the sound be turned off almost immediately. Imagine that sound lasting from 10pm to 4am, almost every night, said resident Kathy Sherman, who lives 2050 feet from the compressor station.

You can watch Nick Cook’s noise demonstration, and all the rest of the Burrillville Town Council meeting, at least those parts concerning the power plant, below.

Burrillville

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Rally against Invenergy’s power plant at the State House, today at 3pm


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2016-01-04 Raimondo FANG BASE 07The battle over Invenergy‘s planned fracked gas and diesel oil burning energy plant for Burrillville reaches a fever pitch at the State House this afternoon, starting at 3pm as hundreds of Burrillvile residents hold a rally in the main rotunda announcing their opposition. This is ahead of Burrillville Representative Cale Keable‘s hearing for his bill, H8240 which would give the voters in Burrillvile the ability to approve or reject any tax treaty the town council negotiates with Invenergy.

The bill will be heard in the House Committee on Environment and Natural Resources in the House Lounge at the rise (4:30- 5pm) and testimony is expected to be taken for hours. The committee is chaired by Rep Art Handy, a climate champion in our state. Keable’s bill is the only bill under discussion by the committee this evening. You can read about the particulars of the bill here.

Governor Gina Raimondo and House Speaker Nicholas Mattiello, who have supported this plant from the beginning, will certainly be taking notice of not only the number of people who show up at this hearing from Burrillville, but how many people from around the state show up in support of this bill and against the power plant. Other legislators may need some help understanding why they should support this bill and oppose the plant, so think about contacting them.

Below you will find a wealth of pieces on this very important topic.

Burrillville flipping the script on proposed power plant


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2016-05-24 EFSB 01The people of Burrillville realize something about the the Energy Facilities Siting Board (EFSB), that Margaret Curran, who chairs the board, does not. During Monday night’s public comment meeting, held to decide the fate of of Invenergy’s proposed fracked gas and diesel oil burning power plant, Curran several times tried to stop the crowd from rising and cheering and clapping when someone from the public made a particularly smart or heartfelt point during their five minutes before the board. Other times Curran would attempt to cut speakers off, even as the crowd became agitated and yelled, “Let them speak!”

2016-05-23 EFSB 03“You’re taking time from other people by going over  your time limit,” Curran would say, but Curran didn’t seem to realize that the community of Burrillville is united. Everyone who rose in opposition to the power plant speaks not just for themselves, but for everyone.

Burrillville itself is speaking through its people, and the Town is saying “No.”

This became very clear when Jennifer Bailey rose, and respectfully requested that her time be give the RI State Senator Paul Fogarty. Fogarty and State Representative Cale Keable have been publicly against this power plant for some time. Last week Keable introduced legislation that would make the approval of the power plant much less likely. Fogarty will introduce the Senate version of the bill today.

As Fogarty approached the podium, the crowd rose in a standing ovation. Fogarty noted the large crowd in the auditorium and the large crowds at previous events as proof that the citizens overwhelmingly don’t want the power plant.

“In all my time as State Senator from Burrillville, I can honestly say I have never seen the citizens come out so strongly and so passionately against something as they have against this proposed power plant.”

Fogarty also noted that the decision to site the power plant in Burrillville falls to “three people who don’t have a stake here.”

“One is from Barrington, one from Providence, and a third person literally just parachuted in from Bridgeport,  Connecticut. Shaping the future of Burrillville should belong to the residents of Burrillville and no one else.” Parag Agrawal, the new Associate Director at the RI Division of Planning, and the third member of the EFSB, is from Bridgeport.

This earned Fogarty his second standing ovation. He received a third as he finished.

This is the second thing Margaret Curran doesn’t seem to understand about this phase of the proceedings that the residents of Burrillville have figured out. The EFSB comports itself as a quasi-judiciary body, carefully collecting and evaluating evidence, testimony and reports before rendering a final decision. Yet ever since Invenergy announced the plant with the strong and unwavering support of Governor Gina Raimondo, the building of the plant has appeared to be a done deal, and all the EFSB hearings have been seen as little more than political theater.

The residents of Burrillville, conscripted as actors in this this production, are changing the script even as the play is being performed. The production is going awry, and getting it back on course may prove to be impossible.

As Fogarty left the podium Curran noted that the next speaker, Jeremy Bailey, had spoken at previous meetings. “Didn’t you already speak?” she asked.

“I have a lot to say but I’m going to respectfully yield my time to our [State] Representative Cale Keable,” said Bailey.

Another standing ovation. Cable wore a green “No New Power Plant” shirt. Last week he introduced legislation in the General assembly that gave more power to the residents of Burrillville concerning any potential tax treaties their Town Council might negotiate with Invenergy. The legislation, if passed, would make the building of the power plant much less likely.

“We ask the board for one simple thing,” said Keable, “Please, let us alone.”

In all, 38 people spoke during the meeting. Five spoke in favor, 33 spoke in opposition.

David Esten spoke in favor.

John Scott brought up Flint MI., asking “What judge is going to authorize opening a poison well?”

“Governor Raimondo talks about tourism,” said Scott, “Our tourism is camp grounds.”

Ken Putnam Jr is about to be a great grandfather. He said, “I don’t talk like this. A lot of people can’t take the time out to come here. Kill this plant. We don’t need it.”

If Invenergy can’t get the date right for a flier, how are they to be counted on to build a power plant, asked Erin Olkowski.

Stephanie Sloman is an environmental engineer. She strongly believes in integrity. “I found a multitude of contradictions in Invenergy’s application… the plant will use natural gas as long as it is economically feasible. We know what this means… the plant wants to use 19 percent aqueous among a because at 20 it has to be monitored by the DEM.”

“When a monster comes into my house, I have to do everything in my power to slay it,” said Sloman, “my home is not just Burrillville, not just Rhode Island, or even the United States, my home is the world.”

Anita Bevans said Invenergy mislead the town when they said they would conform to local laws. In their application Invenergy said they would defer to state and federal laws.

Jaimie Tessier said that her morality was questioned at the first meeting when a union member said that she would sell out he home for money. Keeping her son, who has a medical condition that keeps him on a respirator full time, is her highest priority she says. “That’s where my morals are. Where are yours?”

“I voted for Gina Raimondo,” sais Frances DiPoiceglia noting they share a common heritage and upbringing, “but after a couple of years, I don’t think I’d vote for her again.”

“Fracking is not needed, and it’s not cool.” Says Frances DiPoisceglia. “We reject the Invenergy power plant.”

Judy Aubin said that she does her due diligence when she is on a board. “I know for a fact that you are over ruled by Gina Raimondo.”

Burrillville doesn’t need industry, said Aubin. The people live here because it lacks industry.

“These people wouldn’t mind a little raise in their taxes to avoid this power plant.”

“I am unaware of any environmental policies recommending the use of natural gas power plants,” said James Libby.

Terri Lacey asked how an area can go from environmentally spectacular and beneficial, as mentioned in a piece by RIDEM’s Janet Coit, to suitable for a polluting power plant.

Earl McWilliams believes that Invenergy has a series of plan B’s in mind for their power plant. He read the application to mean that Invenergy is not responsible for properly cleaning the MTBE water. Once built, if Invenergy needs more water, he sees the company tapping Wall Lake.

Brian Sclofield has a 4 year old daughter and 1 year old son and refuses to take on significant health risk to his children from the proposed plant. If the plant is built it’s not a matter of if, but when he will move.

Lawyer Barry Craig said Invenergy not assuming liability for the MTBE well when opened is grounds for dismissing the application.

“There isn’t a pipeline in this world that doesn’t leak,” said Craig, “We need eco-terrorism insurance in place… There is plenty of clean energy supply out there. There is no immediate need for this plant.”

Christopher Aubin recalled that Invenergy’s Director of Development John Niland said that last year was so mild he wouldn’t have needed to use oil. But diesel fuel breaks down. There’s no way it wouldn’t be burned. “You’re lying!” said Aubin.

“Big companies don’t care about the small people,” said Aubin, “Once you get this plant hooked up, John Niland, what’s your bonus?”

Kevin Frenette wanted to know if the EFSB can help people who are being impacted by these big energy projects. He managed to get Janet Coit to respond, but she still wouldn’t address his concerns.

“So we just get to tell you how we feel and that’s it?”

Meg Curran responded, by saying she can’t respond.

“Your time is up,” says Curran.

The crowd boos.

Leigh Gilbert is in favor of the plant and that said the town needs money, so the town needs the power plant. The crowd tells him to sit down.

Roy Colombe is for the project.

Greg Mancini, a lawyer for the Building Trades, said that many members won’t speak tonight because of the hostile environment created by the opposition. He mentioned the First Amendment and a chilling effect.

Andrew Hessler, 17 years old, said Gina Raimondo is all about fracked gas since Goldman Sachs wrote her a big check. She used to be for renewables. An impressive testimony.

Governor Raimondo, “has a chance to be on the right side of this issue,” said Burrillville resident and Teamster Ron Lizotte.

“My son was affected by MTBE I’m the water,” said Norman Desjarlais, “my grandson is on chemotherapy, which doctors have linked to gas additives.”

Paul Lander of the RI Carpenters Union is for this project, but he was very impressed with the Burrillville resident’s knowledge and passion. He says that we need to hold Invenergy’s feet to the fire.

Stacy Slekis objected to the power plant. She brought a picture from her daughter, asking the EFSB not to “mess up” our town.

Stacy SlekisDon Allen said if you could pick the worst place to place a power plant based on prevailing winds, Burrillville would be the worst.

“We’re vetting this Governor after the fact,” said Allen, “she has an agenda.”

Lisa Petrie, arrested at the State House protesting the Invenergy power plant, says the goals of the Resilient RI Act van’t be met if this power plant is built.

“We need dramatic cuts in our greenhouse gas emissions starting now, not ten years from now. Now,” said Petrie.

“Prisons create jobs. Wars create jobs,” said Lisa Petrie, “but we can create more jobs through renewable energy.”

“There is no such thing as a clean fossil fuel power plant,” said Mike Lamoureux, “You can tell by all the permits needed to build one.”

Chair Curran asked Paul A. Roselli not to speak, since he had spoken at a previous meeting. “If I had been told that before hand,” said Roselli, “I wouldn’t have put my name on the list. But since I wasn’t, I’d like to speak.”

Cynthia Crook-Pick wanted to speak plainly to the EFSB. The fact this board is the only body that can make this decision is against the principles of democracy and all that this country stands for, she said.

Debbie Krieg told of the battle to close the MTBE well, and worries that “this monster” will be unleashed when Invenergy uses the well water to cool the plant. There has been no site every cleaned up as Invenergy claims it can do.

New to this area, Ewa Roselli says she is really impressed with this community and she is eager to make friends. She asked Invenrgy, “Do you hate us? Why are you wanting to hurt us? How many people here would protest solar?”

“Nobody!” says the crowd.

Deborah Yablonski is from NYC but she’s a Burrillville farmer now. She raises chickens and goats. “I became a steward of the land.”

Thomas Trimble has a map that shows a nature corridor that runs from Canada to Burrillville. The power plant is right in the middle of this corridor.

Lynn Clark said the plant is being proposed for the heart of Burrillville’s forested area. It will have a “direct, negative impact.”

Justin Kelley, from the Painter’s Union, is a friend of mine. He supports this plant. “I’m the guy who looks in the workers eyes when they can’t pay their bills or are evicted from their homes.”

Donald Champiany read Invenergy CEO’S own words against him. Brilliant.

2016-05-23 EFSB 04Patreon

CLF’s Jerry Elmer: Keable Bill is ‘excellent’ for power plant opponents


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2016-03-31 Burrillville EFSB 002The bill Representative Cale Keable introduced to the RI House that seeks to overhaul Rhode Island General Law 44-4-30 by giving the residents of Burrillville more power over whether or not Invenergy‘s proposed fracked gas and diesel oil burning power plant gets built in their town has been reviewed by Conservation Law Foundation (CLF) Senior Attorney Jerry Elmer, and his verdict is clear: “Despite its imperfections,” says Elmer, “the Keable Bill is an excellent bill that ought to be supported by enviros, because – for the two separate reasons outlined above — it makes it much less likely that the Invenergy plant will be built.”

You can read House Bill 8240 here.

Elmer’s analysis is worth reading in its entirety:

Main Point of the Bill – The main point of the bill appears on page 4.  Under existing law (RIGL 44-4-30) the Burrillville Town Council has the power to set the property tax rate for Invenergy at any level it wants.  Thus, under existing law, the Town Council could give Invenergy a sweetheart deal by charging one dollar per decade; or the Town Council could drive Invenergy out of Burrillville by charging a million dollars per nano-second.  The Keable bill changes this by adding the requirement that, whatever the Town Council does, that arrangement must be approved by the voters of Burrillville in a voter referendum.  This is a very, very good thing because it makes it much less likely that the plant will be built.  In fact, this is true for two separate reasons:

First, many people have been worried that the Burrillville Town Council will make a secret sweetheart deal with Invenergy, and that the people of Burrillville will be cut out of the process.  People have been very worried about this, because the people of Burrillville are overwhelmingly opposed to the Invenergy proposal, but the Town Council seems (much) more favorably inclined toward Invenergy.  If passed, this law would make it impossible for the Town Council to cut the people of Burrillville out of the process.  Any deal the Town Council makes with Invenergy would have to be approved by the voters; and the voters could vote down any tax treaty with Invenergy that does not ensure, with 100% certainty, that the plant is not built.

Second, even the presence of this law on the books creates uncertainty for Invenergy – at least until a tax treaty is negotiated and approved by public referendum.  This uncertainty will probably make it more difficult (and maybe impossible) for Invenergy to obtain the necessary funding (loans) to start construction.  After all, what lender would put up hundreds of millions of dollars knowing that the Town could tax Invenergy out of existence?  Importantly, in a situation like this, delay (“mere delay”) can actually kill the project.  As CLF argued at the [Energy Facilities Siting Board] EFSB, Invenergy made the election to obtain a Capacity Supply Obligation (CSO) in the ISO’s Forward Capacity Auction (FCA) on February 8, 2016, before Invenergy had the necessary state permits.  That CSO begins on June 1, 2019, and it comes with huge financial penalties if Invenergy is not up and running by that time.  If Invenergy is delayed in starting construction by even 12 months, Invenergy may be forced to sell out of its CSO (in an effort to avoid penalties) and abandon this project.

Note, importantly, that what I say in that last paragraph is true even if the EFSB grants Invenergy a permit!  In other words, if passed, the Keable bill provides a separate and independent way of stopping Invenergy, a way that works even if CLF’s litigation against Invenergy in the EFSB fails.

In this sense, the Keable bill is clearly good for democracy.  Up until now, many people have feared that the Town Council would secretly cut a sweetheart deal with Invenergy, despite overwhelming citizen opposition within the Town.  If passed, the Keable bill would make that impossible.

Changing the Make-Up of the EFSB – The Keable bill would also change the make-up of the EFSB by expanding the EFSB from three to nine members.  (Bill, page 1, lines 7 to 14)  Currently two of the three members of the EFSB sit at the pleasure of the Governor (and this provision in the Keable Bill is probably intended to change that status quo).  I am skeptical about how useful this provision would be, even leaving aside the unwieldiness of a nine-member EFSB.  Note that two EFSB members now sit at the pleasure of the Governor.  One of the proposed new members under the Keable Bill is the chairperson of the Commerce Corporation, who also sits at the pleasure of the Governor.  Of the three “public members” to be added, the union representative will reliably support all new power plant construction, and the person “experienced in energy issues” may very well also reliably support new power plants.  That would be five members of a nine-member EFSB that would reliably support new power plants.  While well-intentioned, this provision is probably not a good way to stop the Invenergy proposal, or to constitute a better EFSB.

Considering a Town Council Resolution – The Keable bill contains this sentence (page 3, lines 18-19):  “Prior to making a decision, the board [EFSB] shall take into consideration any town or city council resolution regarding the application.”  This is toothless – for two reasons.  First, “take into consideration” means “think about” but not necessarily respect or act upon.  Second, as we know in  this case, the Town Council is much more favorable toward Invenergy than the people of the Town.

Nevertheless, I want to be clear:  Despite its imperfections, the Keable Bill is an excellent bill that ought to be supported by enviros, because – for the two separate reasons outlined above — it makes it much less likely that the Invenergy plant will be built.

What are the chances of passage? – Of course, the honest answer is, “I don’t know.”  On the one hand, in order to have been introduced this late in the General Assembly session (three months after the filing deadline for new bills), the bill must have some support from leadership.  On the other hand, if passed, this bill would go a long way to un-doing the whole purpose, the raison d’etre, of the state’s Energy Facility Siting Act that created the EFSB.  That statute was designed to take the power to stop a proposal like Invenergy’s out of the hands of the local people (who could be motivated by base NIMBYism) and put it into the hands of the EFSB.  This bill (not so much the change in EFSB membership, but the tax treaty referendum requirement) goes a long way to un-doing that purpose.  Also, there is, as of yet, no Senate-side analogue of the Keable Bill in the House.  Also, remember this:  Governor Raimondo is a huge supporter of the Invenergy proposal going forward (because of the job-creation aspects).  Even if the bill passes the General Assembly, Gov. Raimondo could still veto the bill – especially if her analysis of the bill’s real-world effects jibes with my own.  My analysis is that, if passed, the bill would make it much less likely that the Invenergy plant will ever be built.  If Gov. Raimondo agrees with me, she might veto the bill for that very reason.

Hearing on Thursday – Although not yet posted on the General Assembly website, Rep. Keable believes that his bill will be heard this Thursday in the House Environment Committee, at the Rise of the House (some time after 4 PM).

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Keable, Fogarty propose changes to power plant approval rules in Burrillville


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BurrillvilleAfter a meeting with Governor Gina Raimondo, Rep. Cale Keable and Sen. Paul Fogarty introduced legislation that would give residents in Burrillville the ability to vote on “any tax agreement negotiated between the Burrillville Town Council and the developers of a proposed power plant in town be subject to voter approval.” Keable and Fogarty represent voters in Burrillville.

On Facebook, Keable described Raimondo as “gracious.” According to Keable, “We re-iterated the points in our letter to the [Energy Facilities] Siting Board (EFSB) and asked her to use the power of her office to stop the power plant. She listened to each of our concerns and stated that she is currently planning a meeting in Burrillville to hear directly from the people. She asked good questions about our concerns and showed an understanding of the issues. I came away from the meeting believing that she has real concerns about this project’s impact on water, children and the environment.”

Keable and Fogarty also gave the Governor a pile of emails, petitions and correspondence from Burrillville residents opposed to the power plant, as well as a bumper sticker, tee shirt and a lawn sign. (see picture)

In addition to allowing Burrillville residents the ability to vote on tax treaties negotiated by the Town Council, the legislation also makes changes to the EFSB. The number of seats on the board would be increased from three to nine members, including the chairperson of the Commerce Corporation (the state’s economic development agency), the general manager of the state Water Resources Board, the director of the Rhode Island League of Cities and Towns, and three members of the public.

In addition, of the three members of the public, “one must be experienced in environmental issues, one in energy issues and one in labor issues,” and “None must have received a significant portion of their income in the previous two years from the developer of an energy facility or an electric, gas or oil company.”

A final feature of the bill mandates that the EFSB must take into consideration “any resolution regarding” applications for new power plants.

You can read the full press release here:

Rep. Cale P. Keable and Sen. Paul W. Fogarty are introducing legislation to require that any tax agreement negotiated between the Burrillville Town Council and the developers of a proposed power plant in town be subject to voter approval.

The legislation, which emanates from Invenergy’s pending proposal to build a 1000-megawatt, fracked gas power plant in Pascoag, was introduced in response to the frustration expressed by residents and elected officials of Burrillville and across the state regarding their lack of input into the approval process.

“The people of Burrillville are the ones who will lose our unspoiled woods and instead get pollution, risk to our water supply, traffic and noise. We deserve a say in the matter, and this is one way to provide it,” said Representative Keable (D-Dist. 47, Burrillville, Glocester).

The legislation, which was introduced in the House today and is expected to be introduced in the Senate next week, would alter an existing state law that applies only to Burrillville and was enacted in 1987 to allow the town to negotiate a tax treaty with Ocean State Power, the 560-MW power plant in Burrillville that began operating in 1990.

Representative Keable’s and Senator Fogarty’s legislation adds a clause to the law that would subject any such tax agreement to a binding referendum of town voters. If that referendum can’t be held at the same time as a regular election, the entity proposing the plant would be required to pay the town’s costs of holding it.

“The people of our districts have spoken loud and clear. However, under current law, all they can do is ask for consideration from those who get to make the decision. That’s not right, and we intend to do something about it,” said Senator Fogarty (D-Dist. 23, Glocester, Burrillville, North Smithfield). “Every single voter in Burrillville deserves the opportunity to have a real say in whether they are going to host another power plant.”

The legislation also adds to the membership of the Energy Facilities Siting Board, currently a three-member panel that includes the chairperson of the Public Utilities Commission, the director of the Department of Environmental Management and the state associate director of administration for planning. The bill adds six new members: the chairperson of the Commerce Corporation (the state’s economic development agency), the general manager of the state Water Resources Board, the director of the Rhode Island League of Cities and Towns, and three members of the public. Of the members of the public, one must be experienced in environmental issues, one in energy issues and one in labor issues. None must have received a significant portion of their income in the previous two years from the developer of an energy facility or an electric, gas or oil company. The sponsors say the change would add diverse viewpoints to the board so decisions about power plant locations are made with careful consideration toward the environment and natural resources, the state’s business development strategies, the needs of cities and towns and the opinions of residents.

The bill also adds a requirement that prior to issuing any decision on an application for a power plant, the EFSB must take into consideration any resolution regarding it.

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More confusion, not clarity, from the Burrillville Town Council


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John Pacheco
Council President John Pacheco III

At the second “special meeting” of the Burrillville Town Council, held as a semi-official “workshop” to allow discussion of various aspects of Invenergy‘s plan to build a fracked gas and diesel oil burning electrical plant in the town, the agenda, entitled “Hour on Power II” claimed that the “fundamentals of municipal tax agreements” would be discussed. Potential tax agreements with Invenergy are a very contentious issue, because under state law, as explained by Conservation Law Foundation Senior Attorney Jerry Elmer, Burillville has the right to set the property taxes on the plant at any level it chooses, yet Town Solicitor Oleg Nikolyszyn, it seems, disagrees, maintaining that the Town must negotiate a fair tax treaty with Invenergy.

Expecting that there would be expert legal advice on offer, many residents made the trip to this special meeting, only to find that there were no lawyers or expert advice on offer. Instead, the Town Council introduced Dr. Robin Muksian, a resident of Burrillville who currently serves as executive director of operations for the Providence School Department. She holds a Ph.D. in rhetoric and composition. Speaking as someone with some experience in negotiating deals between the state and private citizens, (she claims to have once lost a strip of land to the state in some kind of imminent domain situation) Muksian said that under state law, the town “must” negotiate with Invenergy, they can’t just set the tax at what ever rate they wish. Jerry Elmer explained otherwise, quite clearly, here.

Muksian misquoted the statute, advancing the idea that under state law 44-3-30, Burrillville “must negotiate” with Invenergy for a fair tax treaty, when the law actually states that town may “determine, by ordinance or resolution, an amount of taxes to be paid each year”. The plain text of the law does not contain the word negotiate, and if other laws on the books do contain such a provision, it does not matter, because 44-3-30 starts with the words, “Notwithstanding any other provisions of the general laws to the contrary,” meaning that 44-3-30 supersedes any other laws governing such negotiations.

Muksian also admitted to coming to the power plant issue late, and that she hadn’t attended any of the Energy Facility Siting Board (EFSB) meetings held in the town so far. This might explain why she thought that residents could bring questions to the EFSB, instead of just comments. The EFSB does not respond to residents at these meetings, yet Muksian said that questions should be brought to the EFSB at these meetings.

Under questioning from Burrillville resident Paul Lefebvre, Muksian at first dodged the question of whether or not she opposed the building of the new power plant. It took Lefebvre several questions before Muksian reluctantly said that she opposes the plant. For some reason she seemed at first to strike a more neutral position.

Most of Muksian’s talk is in the first half hour of the video below. Note that the meeting took place in Burrillville’s beautiful Assembly Theater, which was dark and not kind to video or photography. The Town Council is on the stage, well lit. The rest of those in attendance, not so much.

Many in attendance were asking themselves why Muksian was given so much time to expound on legal issues she was clearly not qualified to speak about. She constantly prefaced her comments by saying that she was “speaking as a resident of Burrillville” and that she wasn’t a lawyer. That raised an important question for the Town Council that went unanswered: Why Muksian and not any other non-lawyer resident of Burrillville?

After the meeting a resident told me that there is a rumor that Muksian is being considered for the position of Town Manager. Michael Wood, the current Town Manager, was not in attendance at the meeting, and Council President John Pacheco, from the stage, made a pointed comment about Wood’s contract being up for renewal in February of 2017. During the meeting, when a resident suggested that Michael Wood be fired, there was a standing ovation.

Wood has alienated many in the town with what one resident characterized as his “imperious” attitude. Further, in the April 23 Burrillville Bugle, delivered to every resident’s mailbox every month, Wood made comments that seemed to indicate his support for the new power plant and disregarded the environmental and health concerns of residents. For instance, he said, “the negative effects of the existing power plant, Ocean State, is not “anything to be overly concerned about.” Many feel that the over all tenor of his comments in the Bugle indicate that he supports building the plant.

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Town Councillor Kimberly Brissette-Brown

As a result, the residents of Burrillville distrust Wood’s judgement when it comes to the hiring of experts to review the proposed plant’s impact on health, environment, wildlife, water quality, noise etc. They also distrust his ability to negotiate with Invenergy wisely, with the best interests of the town in mind.

A breath of fresh air came to the meeting about 82 minutes into it. Barry Craig, an actual lawyer (though not one licensed to practice law in Rhode Island) and a Burrillville resident, rose to call out the Town Council and Town Solicitor Oleg Nikolyszyn on what he termed their timidity in dealing with Invenergy.

Craig attended the first EFSB meeting in Burrillville. He thought, “it was very poorly managed.” He called the set up of the meeting, with the applicants (Invenergy’s Director of Development John Niland and his lawyers) on stage and the residents of Burrillville below them in the seats of the auditorium was “an insult.”

Craig said that to defeat this plant, the residents of Burrillville, through their Town Council, must “vigorously oppose” the plant. Craig came to the special town council meeting last night because he read the legal opinions of Town Solicitor Nikolyszyn, made in response to questions posed by residents. “At best,” said Craig, “I read these responses as being timid, at worst I read these responses as responses that discourage action rather than encourage action.”

For instance, the proper answer to the question, “Can the town council find new solutions to prevent locating the power plant in Burrillville?” isn’t to note that the EFSB has enormous power, the answer, says Craig, is, “Can we find creative ways of dealing with this issue? … Anything that delays this project makes it less likely… Companies like this work on a time schedule. If they can’t get a project done within a particular time frame they move onto the next project.”

One thing that became very clear in last night’s Burrillville Town council meeting is that discussing complex legal issues without lawyers present is a waste of time. Perhaps Muksian’s appearance was an audition for a future job, perhaps she’s just a citizen who waded into waters over her head, but her advice and commentary were worse than a waste of time: They spread dangerous misinformation, misinformation that will weaken the Town’s resolve and ability to fight Invenergy’s plans for the town.

Burrillville doesn’t need more bullshit. Burrillville needs courageous leadership ready to fight Invenergy with everything they have, or they will be living with the first of a series of such power plants very soon.

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Burrillville rallies against power plant at Siting Board hearing, part II


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2016-05-10 EFSB 05By the end of the nearly four hours of testimony before the Energy Facilities Siting Board (EFSB) concerning Invenergy‘s proposed fracked gas and diesel oil burning power plant in Burrillville on Tuesday night, 41 people had spoken. Six people spoke in favor of the plant, mostly union laborers hoping for jobs. One person gave testimony that was difficult to follow, so I’m not sure if he supported or opposed the plant, and one man spoke twice. Thirty four people, mostly Burrillville residents, spoke against the plant, often emotionally but just as often with hard facts.

The hearing was actually a continuation of the first public comment meeting, held March 30. That hearing was better attended by both the residents of Burrillville and the union, but it’s possible attendance was down due to a misleading advertisement place in the Bargain Buyer by Invenergy. The meeting was better run this time. EFSB Chairperson Margaret Curran set out the rules and the timing early, and for the most part the process went smoothly, though sometimes things became heated between residents and the laborers. There were many police officers on duty, both state and local. At one point I counted nine.

The hearing also acted as our introduction to this ongoing drama’s latest cast member, Parag Agrawal, the new Associate Director at the RI Division of Planning. For the first time the EFSB functioned with a full board. The third member is Janet Coit, Director of RI’s Department of Environmental Management.

Below find all the testimony, in order.

Ten year old Briella Bailey got the evening off to a good start when she spoke the the Energy Facilities Siting Board (EFSB). Bailey went over her allotted five minutes, and her testimony played well with those in attendance, so it would have been a bad move for Curran to cut her off. Besides, Bailey wasn’t the last person to go over time.

Amanda Mainville gave very cool testimony, comparing Invenergy’s Director of Development John Niland to the villain of the Dr. Suess classic, The Lorax. It was the first of two Dr. Suess references of the night.

Paul MacDonald, Burrillville resident and President of the Providence Central Federated Council and Legislative Director of Teamsters Local 251 spoke in favor of the power plant. His testimony was more nuanced than that given by union members and leaders at the last hearing. In a nod towards the concerns of environmentalists, MacDonald maintained that, “If the environment cannot support it, I’m against it.”

Part of Invenergy’s plan is to use well water contaminated by MTBE to cool the turbines. Burrillville’s legacy with this dangerous gasoline additive is painfully explored in the testimony given below. The people of Burrillville have already suffered through one toxic nightmare. They are loathe to invite another into their lives.

More incredible and brave testimony from Donna Woods. Her personal story is extrememely powerful…

Linda Nichols is considering a run for office. Her testimony might just be her first step towards getting elected.

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Invenergy accused of running misleading ad in Burrillville Bargain Buyer


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Bargain Buyer InvenergyAt Tuesday night’s Energy Facilities Siting Board Meeting (EFSB), with Invenergy‘s Director of Development John Niland in attendance, angry residents accused the company of running a deliberately deceptive ad in the Bargain Buyer regarding the timing and location of the meeting.

“Today, in every mailbox in Burrillville, The Bargain Buyer, which is our Bible in Burrillville, was delivered,” said Raymond Trinque, “Any clear thinking person would see this as a dirty trick by Invenergy.”

The advertisement, (pictured) says the meeting will be held on Thursday night at the Burrillville High School. The meeting was held Tuesday night at the Burrillville Middle School. The date, May 10, is correct. Social media contained reports from people who say that some residents arrived at the High School for the meeting only to go home. Residents worry that others may arrive on Thursday evening for a meeting that’s over.

The remedy for this “bold-faced lie”, said Trinque to the EFSB Board, is to schedule another meeting at Invenergy’s expense.

Stacy Slekis echoed Trinque’s remarks, telling Niland, who remained silent on stage throughout the night, “Very well played on your mis-advertisement. We clearly are smart enough to know that this was not a mistake, but rather a carefully orchestrated tactic and an unethical business practice.”

Niland and Invenergy did not reply to a request for a comment on this.

On Facebook, Kimberly Breault Sheeley, who works for the Bargain Buyer as a graphic designer, wrote, “…the bargain buyer did not typeset that ad… they did the ad themselves …so don’t blame us…”

This isn’t the first time Invenergy has allegedly messed up the process of notifying the public about meetings. Residents pointed to two other times when email invitations to meetings were either not sent to all residents or sent after the date of the meeting has come and gone.

[I will have more on the EFSB hearing later today.]

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Raimondo agrees to meet with Burrillville residents about power plant


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2016-05-09 Raimondo in Warwick 007Governor Gina Raimondo agreed to meet with Burrillville residents about the proposed Invenergy power plant Monday evening after Kathy Martley, a Burrillville resident and founder of BASE (Burrillville Against Spectra Expansion) invited her. Raimondo was in Warwick, at the Veterans Memorial High School, as part of her “series of community conversations” around issues of job training. As the question and answer period began, Martley rose to give the Governor a flower and a card and invite her to Burrillville to discuss the power plant.

“We have a lot of worries about it,” said Martley.

Raimondo took Martley’s card and said, “Yes. I will do it… if you will host me at a community meeting in Burrillville I’d be very happy to do it.”

Raimondo has been an unwavering supporter of the fracked gas and diesel oil burning power plant since the plan was announced back in August of last year.

Rep Shekarchi
Rep Shekarchi

Before the event started, outside the entrance to the school, members of BASE approached Representative Joseph Shekarchi, who doesn’t think the RI House will be voting on the plant, but said he is very close to Burrillville Representative Cale Keable and that he would support Keable’s opposition to the plant. Keable, along with Burrillville State Senator Paul Fogarty, wrote a strong letter to the Energy Facilities Siting Board (EFSB) in opposition to the plant. The EFSB has the ability to approve or reject Invenergy’s application.

In a Facebook post Keable wrote:

I have been exploring legislative possibilities with the State House legal staff. As the application has already been submitted, there are significant legal hurdles to simply “stopping” the plant. There is no doubt we could seek to change the law for future applications. We will continue to explore all possibilities. Legislation will be introduced shortly and there will be a public hearing scheduled at the State House. We are looking at requesting this hearing on the same day as a planned rally at the State House designed to let the Governor hear our voices. More on that as soon as I know.

On Tuesday, May 10 the EFSB will be holding the second half of its first public commentary hearing, starting from 6:00 PM to 10:00 PM in the Burrillville Middle School Auditorium, 2200 Broncos Highway, Harrisville.

On Wednesday, May 11 the Burrillville Town Council will have its regular meeting at 7:00 PM in the Town Council Chambers, 105 Harrisville Main St., Harrisville. It is unclear whether any of the business or public comment will concern the proposed power plant.

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Water shortage: the million dollar question about Invenergy’s new power plant


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Invenergy’s Clear River Energy Center (CREC), the new fossil fuel power plant proposed in Burrillville, is likely to cause future water shortages, according to state documents obtained by Fossil Free Rhode Island. The power plant may cause such shortages unless the communities relying for their water supply on the Clear River basin forfeit future growth. If not, they risk running out of water during future hot and humid summer days when the demand for electricity is high and rivers run low.

According to a presentation at a meeting about CREC attended by several state agencies, 0.18 MGD (million of gallons of water per day) will be left for growth if the power plant is built.  June Swallow of the Center for Drinking Water Quality at the Rhode Island Department of Health attended the meeting.  Her longhand notes show that Harrisville and Pascoag each are expected to need 0.12 MGD for growth.  This suggests a deficit of 0.24 MGD – 0.18 MGD = 0.06 MGD.

Invenergy is one of the largest corporations in the growing “clean energy” business.  Of course, the Clean Power Plan, the US implementation of the Paris Agreement, not only fails to reduce greenhouse gas emissions.  It also does irreparable harm to fracked communities and the environment by polluting air and groundwater.

LowWaterGambleThese may not be issues the people of Burrillville have direct control, but they should be aware of the water supply problems that may come with the megawatt power plant proposed by Invenergy.

Water usage has received some attention, but the question has not been addressed transparently, while public disclosure and discussion have been in short supply.

As Invenergy’s proposal states:

Water supplied to the Facility will be provided from the Pascoag Utility District (PUD) by re-activation and treatment of a currently inactive PUD groundwater well that became contaminated in 2001 by an off-site contamination source. As a result of this well-documented groundwater contamination event, PUD was forced to terminate is use of its primary well water supply and interconnect its water supply system with the Harrisville Fire District (HFD) to meet the requirements of its customers for potable water.

To find out what the Raimondo administration is planning, Fossil Free Rhode Island filed requests for documents under Rhode Island’s Access to Public Records Act.  Such requests for information went to the Departments of Environmental Management (RIDEM) and Health, to the Water Resources Board (WRB), and to the Offices of the Governor and of Energy Resources.

As many have noticed, the Raimondo administration, following the lead of its federal Big Brother, is rather secretive.  Indeed, the administration responded for the most part by withholding documents based on an overly broad interpretation of what information is exempt from disclosure.

Although, Fossil Free RI made some progress lifting the veil of secrecy, RIDEM and the WRB must have better and more detailed data than present in the documents obtained so far.  Such information is available from their Streamflow Depletion Methodology.

Water resource management is complex and there is ample opportunity for debate.  There is, for instance, the problem that water resource projections require somewhat arbitrary choices as to what is the relevant watershed. Rivers have tributaries, which in turn have tributaries, and so on, just as in this nursery rhyme:

Big fleas have little fleas,
Upon their backs to bite ’em,
And little fleas have lesser fleas,
and so, ad infinitum.

As one increases the size of the watershed, one decrease the shortage problem, but the number of impacted communities increases.

However this may be, and even without considering the lingering issue of  the MTBE contamination of the Pascoag wells, the water supply raises important questions:

  • Are the Burrillville Town Council and its planner aware of the implications of the power plant for their future? How about the townspeople and nearby communities?
  • How does a potential water shortage feature in the tax negotiations of the Burrillville town council with Invenergy?
  • Can the Burrillville Town Council refuse permission to Invenergy to construct the required water supply pipeline?
  • Why is this issue not addressed in this letter from the Burrilville’s town solicitor to the town manager.
  • Does the Pascoag Utility District need approval of  an amended and extended water management plan in accordance with the Water Resources Board’s Rules and Procedures for Water Supply System Management Planning?
  • If so, will there be an opportunity for public comment and if so when?

There is another serious concern about good government. Rhode Island state law provides the WRB with the authority to allocate water among all users, one of which is the environment.  Fossil Free RI’s request for public documents has made it painfully clear that this pivotal agency has been reduced to a shadow of its former self.  It is no secret that this is due to underfunding.

WRB staff web page on May 5, 2016.
WRB staff web page on May 5, 2016.

Indeed, an email with a request for documents to the WRB’s chief of staff, Ken Burke, resulted in an automatic reply with the message that he no longer works for the agency.  Also the position of the supervising engineer seems to be vacant.  Obviously, the funding situation is so bad that the WRB even lacks staff to update its web page.

The people of northwest Rhode Island are entitled to a public process with full disclosure. They have to the right to be informed on how much water is available to their community and  how developments such as CREC will impact their future.  The WRB is a vital, yet clearly dysfunctional element of this process.
NoNewPowerPlant

In response to Fossil Free RI’s request for infomation, the Division of Legal Services of the Department of Administration, which now seems to represent the WRB, sent a handful of irrelevant documents.  In contrast, RIDEM responded with a past-deadline request for a twenty-days extension because of the “voluminous nature” of the material requested.

The inconsistency of these responses all by itself speaks volumes, but the most “entertaining” response came from the Office of the Governor:

Thank you for emailing Governor Raimondo!

Governor Raimondo is committed to open, accessible and accountable government.

The Governor’s Office made good on this commitment by sending Fossil Free RI a mountain of documents completely unrelated to the request.

Special Town Council meeting does little to calm Burrillvillian concerns


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2016-05-04 Burrillville Town Council 02“I don’t [want to] throw cold water on your parade here,” said Burrillville Town Manager Michael Wood, “but you can’t simply just determine a tax at will and tax somebody… It’s not fair to leave you with the impression that this can be done when it can’t be done.”

Problem is, Wood is wrong.

Wood was speaking to around 150 Burrillville residents at a “Town Council Special Meeting” held to answer questions and concerns regarding Invenergy’s proposed $750 million fracked gas and diesel oil burning electrical plant.

Nick Katkevich, from the Fang Collective, had just read from aloud the relevant passage from the RI General Laws concerning Burrillville and energy plant taxation, as quoted in RI Future:

44-3-30 Burrillville – Property taxation of electricity generating facilities located in the town. – Notwithstanding any other provisions of the general laws to the contrary, the town council of the town of Burrillville is authorized to determine, by ordinance or resolution, an amount of taxes to be paid each year on account of real or personal property used in connection with any facility for the generation of electricity located in the town, notwithstanding the valuation of the property or the rate of tax.

Council president John Pacheco told Katkevich that the item wasn’t properly on the agenda.

Burrillville resident Kenneth Putnam Jr. then rose and asked a follow up question, which provoked Wood’s response.

This exchange was provoked by a piece I wrote, in which I consulted with lawyers on background. To check my logic, I wrote Jerry Elmer, a Senior Attorney at the Conservation Law Foundation for his opinion. Elmer is an expert in climate change and renewable energy law and has literally written many of the laws currently on the books in Rhode Island regarding energy and climate.

Elmer’s response to my query is worth quoting in its entirety:

The Rhode Island state law on this matter is clear and unambiguous, even if not everyone is familiar with the law.  The Rhode Island statute I am referring to is R.I. General Laws § 44-3-30.  That statute gives the Town of Burrillville (which, legally, would act through the Town Council) the right to set the real estate taxes for any electricity generation plant within the Town (including, but not limited to Invenergy) at any level the Town wants.  Importantly, the level at which the Town taxes the energy plant (such as Invenergy) need not be sensible or reasonable.  For example, the Town could legally charge Invenergy $1 per decade in property taxes.  The Town could legally charge Invenergy $1 billion per week (or per day, or even per hour) in property taxes.  One could have a reasonable argument as to whether any of those tax levels I just mentioned are sensible, or whether (or not) they represent good public policy.  But under that statute (RIGL 44-3-30) they are legal.

“It is also important to note that the statute explicitly says that this is true notwithstanding any other state law to the contrary.  Thus, even if someone could point to a different state law on municipal property taxation, the provisions of RIGL 44-3-30 would trump that other (possible) law.  The statute also is true notwithstanding what tax rate the Town of Burrillville has on other properties (like local homes and businesses).  The statute is also true notwithstanding the actual valuation of the Invenergy power plant.

“The short of it is that there is a specific, very detailed, state law that speaks to this exact question, and which trumps other state laws.  By law, the Burrillville Town Council can set Invenergy’s property tax at any level it chooses; and, if the Town Council chooses, it has the legal authority to set that tax rate so high that Invenergy would pack its bags immediately and leave the Town forever.”

Earlier, Councillor David Place interrupted Katkevich, asking everyone present that even if the law as written and understood were true, “How long do you think it will be before that law is changed, if the Governor and the General Assembly want to pass the plant?”

Changing the law in the middle of negotiations to favor one party over another would be a pretty big move on the part of the Governor and the General Assembly, especially in the face of widening opposition to the plant and the rising unpopularity of our elected leaders. And the very idea of changing the law in that way is of dubious legality. But that’s a question for another day.

The “Town Council Special Meeting” was held in the Beckwith-Bruckshaw Memorial Lodge, a place with no microphones. From the beginning people in the back had difficulty hearing the proceedings. Only three Town Councillors, John Pacheco III, Stephen Rawson and David Place, attended. Town Planner Tom Kravitz gave a short presentation and answered many questions from those in attendance.

The general tenor of the meeting was one of distrust and exasperation. For instance, while the Town Council won’t reveal any details of tax deal negotiations with Invenergy, on Dan Yorke’s television show State of Mind, John Niland, Development Director for Invenergy and the company’s public face for the project floated the number $3.6 million a year in taxes and rising, over 20 years. This was more information than has ever been volunteered by the Burrillville Town Council.

The people of Burrillville have real concerns. Time and again Town Manager Wood says he “can’t discuss the particulars” of the pending deal with Invenergy, provoking those in attendance last night to reply that they “get all our information” from John Niland on Dan Yorke. In the video below, a resident points out that in her email exchange with Wood, the Town Manager didn’t seem to realize that her home was in the area determined to be affected by the power plant.

“How can we trust that you have our best interests at heart when clearly, I’m in a severely impacted area, and you’re saying I’m not?”

It gets worse.

Tiya Loiselle is a veteran whose home value has dropped nearly $50 thousand in value since January. She was hoping to build equity in her home, but instead she’s rapidly going underwater, because of the possibility of this plant coming to her town.

As much as the residents of Burrillville seem to distrust their Town Council, they distrust Governor Gina Raimondo more.

Governor Raimondo “has been on the wrong side of a lot of issues because she doesn’t listen to the people,” said one speaker.

“She doesn’t reply to your emails,” said another.

“Did she not say that she would meet” with us, asked a woman, who was answered by another woman with, “I followed up, and sent her a message asking ‘Are you still planning to come to Burrillville?’ and she said ‘You’ll have to talk to my advisory board.’”

“You can’t trust the Governor,” said the first woman, “You understand why you see Trump signs everywhere, because no one trusts the Governor any more.”

Perhaps no one at the meeting expressed the impotence, fear and anger felt by the people of Burrillville better than Deborah Krieg, a “mom from Burrillville”. Her short speech to the Town Council was heart breaking:

You can watch the entire Town Council meeting here:

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Burrillville Town Council has absolute authority to set Invenergy tax rates


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2016-03-22 Burrillville 003On January 14, 2016, the Rhode Island Supreme Court ruled that wind turbines are manufacturing equipment and therefore exempt from local property taxes under state statute. The decision in DePasquale v. Cwiek developed the legal view that wind turbines are, “used exclusively for the purpose of transforming raw material—wind—into a finished product—electricity—and as a result the taxpayer meets the definition of a manufacturer, making the turbine eligible for tax-exempt status.”

If turning wind into electricity is a tax free proposition, it logically follows that turning “natural” gas into electricity would be as well. For instance, Invenergy‘s proposed $750 million fracked gas and oil burning plant in Burrillville, may well have been a tax free proposition for the company under this ruling.

Fortunately, there is a specific statute to the contrary, R. I. Gen. Laws § 44-3-30:

  • 44-3-30 Burrillville – Property taxation of electricity generating facilities located in the town. – Notwithstanding any other provisions of the general laws to the contrary, the town council of the town of Burrillville is authorized to determine, by ordinance or resolution, an amount of taxes to be paid each year on account of real or personal property used in connection with any facility for the generation of electricity located in the town, notwithstanding the valuation of the property or the rate of tax.

All well and good then. The Town Council of Burrillville has the absolute right to set the taxes for the proposed Invenergy plant at any level they wish “notwithstanding any other provisions of the general laws”. They could set the tax rate at $1 a year or a $100 million a year. In fact, if the Town Council were truly interested in stopping the proposed power plant, they could simply set the tax rate at $100 billion per year. It would stop the development cold.

Let me repeat: Despite the RI Supreme Court ruling, the Burrillville Town Council has absolute authority to set the tax rate for the new power plant at whatever level they wish.

Yet that is not how Town Manager Michael Wood and Burrillville Town Council solicitors Oleg Nikolyszyn and Michael McElroy seem to have reacted to the court’s ruling. Instead, the Burrillville Town Council, at a special meeting on February 23, asked Reps Cale Keable and Brian Newberry, as well as Senator Paul Fogarty, to “make sure that the existing [state level] legislation [cited above] we have will allow for the siting and construction of the new power plant in the town.”

Though it is apparent that Keable, Newberry and Fogarty didn’t make any changes to RI State Law 44-3-30 concerning power plant taxation and that no changes were necessary, that isn’t the only change the Town Council asked their state representatives to make regarding the state law around power plants. About a month earlier, at a January 27 Town Council meeting and two week after the RI Supreme Court ruling, a resolution was unanimously passed by the Burrillville Town Council to “respectfully request that our legislative delegation introduce legislation” to amend  R. I. Gen. Laws § 44-3-9.3, which governs “exemption or stabilizing of taxes on qualifying property used for manufacturing or commercial purposes.”

According to the minutes of the meeting, the motion to vote on the request to change the law was made by Councillor David Place, who has announced his run for State Representative against Cale Keable.

What is the major change in the law requested by the Town Council? The addition of the word “manufacturing” over and over again within the statute, expanding the range of the statute to make sure that power plants (which could be classified as manufacturers now) are covered. Now again, changing this law is not necessary in order for Burrillville to have full control over the taxation of the proposed Invenergy plant, and the Town Council never mentions Invenergy or manufacturing when discussing this resolution prior to passage. But the timing of this requested change is suggestive.

If this request was in response to the RI Supreme Court decision, it demonstrates that the Town Council was aware of Invenergy’s plans in January, not February, as previously demonstrated. Like the February request for changes in the General Laws, this request was also ignored by Keable, Newberry and Fogarty.

Whether or not the Burrillville Town Council, Town Manager and legal counsel worried about the DePasquale v. Cwiek decision, it is apparent that they have been keen to make sure that the RI General Laws are in their favor and that the court’s decision will not apply to their town or to the Invenergy plant.

But it’s also hard to believe that the Town Council is interested in stopping the power plant’s construction. If they wanted the plant stopped, they simply have to propose a prohibitively high tax rate, one Invenergy could not afford. Cale Keable, as reported by several Burrillville residents, is correct when he says that the power to stop this plant rests with the Town Council. Sure, the Energy Facilities Siting Board has the power to approve the plant, but the Town Council has the power to make the plant so unprofitable that Invenergy will never bother building it.

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PA gas pipeline explosion predicted by whistleblowers


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Salem Township, Pennsylvania

Devastation similar to that wrought by a gas pipeline explosion Friday in Salem Township, Pennsylvania is a real possibility in Burrillville, Rhode Island, and discounting this danger would be irresponsible. For a view of the damage done, in which one person was “badly burned,” see this footage from Pittsburgh Action News 4. The photos here are taken from this video.

Ashlee Hardway at Action News 4, wrote, “The explosion happened around 8:30 a.m. and involved a 30-inch pipeline owned by Texas Eastern, a unit of Spectra Energy, according to the Pennsylvania Department of Environmental Protection.”

The explosion means that Spectra Energy will not be able to deliver the gas it has been contracted for, and the company has declared force majeure, which temporarily voids a contract for reasons outside a company’s control. This might mean that a dual fuel power plant, like the one planned by Invenergy for Burrillville, will have to start burning diesel oil until the gas pipeline is repaired.

The cause of the explosion has not yet been determined, but it’s hard not to think about a conversation I had with two Spectra Energy inspectors in November who claimed that the company cut corners in building their pipelines.

The safety inspectors essentially predicted this disaster.

“Right now, what they’re hoping to do, is they’re hoping to slam all this through, and then at the end ask for forgiveness,” said one of the former inspectors. “Oops, sorry about that, I didn’t know, let me write you a check. Because once this thing’s turning meter, they’re going to be making millions of dollars a day. It doesn’t matter what your problems are…”

Perhaps suspecting their days are numbered, fossil fuel companies are rushing to build the infrastructure required to keep us dependent on methane or “natural” gas for the next 50 years or more, even as evidence mounts that methane is a major contributor to climate change. This gives lie to the claim that methane will serve as a bridge fuel, something to ease the transition from fossil fuels to green energy sources, as the infrastructure investments being made are long term and permanent. Companies are investing billions laying pipelines, building compressor stations, and constructing energy plants and other infrastructure ahead of industry-wide extinction.

In their rush to build, safety and environmental concerns are being brushed aside, suspect many experts. A recent “Pipeline Safety Trust analysis of federal data,” shows that, “new pipelines are failing at a rate on par with gas transmission lines installed before the 1940s.”  Sarah Smith writes that Carl Weimer, director of the Pipeline Safety Trust, told attendees at a National Association of Pipeline Safety Representatives annual meeting in Tempe, AZ that, “The new pipelines are failing even worse than the oldest pipelines.”

Though some of the problems may be related to workers learning how to implement the latest technologies, Weimar says, “there’s also some suggestions that we’re trying to put so many new miles of pipeline in the ground so fast that people aren’t doing construction … the way they ought to.”

In the same piece Smith quotes Robert Hall, of the National Transportation Safety Board Office of Railroad, Pipeline and Hazardous Materials Investigations, who agreed that, “the rapid construction of pipelines in the U.S. is likely a contributing factor to ‘people … out there possibly taking shortcuts or not being as diligent’ as they would be if the pace of construction were less fervent.”

According to the whistleblowers I talked to:

These pipes have to last underground for at least 50 years. If there’s the smallest mistake in their cathodic protection, that’s what’s going to corrode. All of a sudden you’ve got, even at 800-900 pounds of pressure, doesn’t sound like much, but when you’ve got a 42 inch pipe, traveling that distance and it goes ka-bang, you’re not talking about taking out a block, you’re talking about taking out a large area. You’re talking about a humongous ecological impact, you’re talking about displacing hundreds of families, you’re talking about leveling homes, killing people instantly, I mean, if one of those places were to go up, it’s going to be a bad day.”

In 2011 a cast-iron gas pipe cracked, causing an explosion that killed five people in Allentown, PA. Pipes like those are no longer used. But when work is rushed, construction is sloppy and disaster is possible.

“There’s a reason we do what we do,” said Inspector One, “Every bolt is torqued. I know when you torqued it, I know what torque wrench you used, what model number, when it was calibrated. That’s how serious every flange has to be. Because if one of these points blow up you’re talking about a humongous issue. These guys are making those kind of mistakes. They’re short-cutting things, they’re not inspecting things properly, they’re covering stuff up before an inspector’s had a chance to look at it.

“I have had inspectors that have come up to me in the field and have said to me that there is a pipe buried under ground that was not inspected appropriately. And the reason that it was not excavated and inspected is that it cost too much money.”

All pipeline welds are examined with x-rays to make sure they are up to code. After the weld is x-rayed the inspector waits for the film to come back from the lab. “How is it that you have a pipe already buried before you receive the film?” Inspector One asks, noting that he had a tech “receiving the film (on Tuesday) for a pipe buried last Wednesday.”

Spectra “has a checkered history of accidents and violations of federal safety rules in the U.S. and Canada dating back decades,” says Dan Christensen writing in the Miami Herald.  “Since 2006, the U.S. Pipeline and Hazardous Materials Safety Administration recorded 25 incidents that caused more than $12 million in property damage along Spectra’s main line — the 9,000-mile Texas Eastern Transmission that connects Texas and the Gulf Coast with big urban markets in the Northeast. The causes ranged from equipment failure and incorrect operations to pipe corrosion.”

SpectraBusters has a long list of links to stories about Spectra’s poor performance record.

Spectra, a multibillion dollar company, will likely cut a check to cover the damage in Pennsylvania. That check might amount to a day’s earnings for the company, maybe less. Meanwhile, what is the cost in human terms?

devastation 2The victim “told us that he heard a loud noise and compared it to a tornado. All he saw was fire and started running up the roadway and a passerby picked him up,” [Forbes Road Fire Chief Bob] Rosatti said.

“The heat was so intense that it was burning him as he was running,” he said.

A quarter-mile evacuation zone was established. Rosatti said the explosion and fire “damaged all the trees, all the utilities going down the roadway — the phone, cable, electric. Burned all the telephone poles off. It kind of looks like a bomb went off.”

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Lisa Petrie arrested at State House protesting power plant


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One time RI Future contributor Lisa Petrie was arrested at the State House this evening by State Police for failing to leave the State Room after protesters demanded an audience with Governor Gina Raimondo over the proposed Invenergy oil and fracked gas burning power plant proposed for Burrillville. Petrie is a member of Fossil Free RI and a long time environmental activist here in the state.

[Update courtesy of FANG (Fighting Against Natural Gas): Lisa, resident of Richmond, RI, was charged with willful trespassing and has a court date set for May 6th.]

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When State Police told the protesters to leave the State Room at 4:30pm, Petrie refused, and stayed alone in the room. Every one else, including the press, was instructed to leave the building. At about 7pm Petrie seems to have been arrested and taken out the side door of the State House. It is not known if she had any interactions with the Governor while she was alone inside the building.

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Seconds after placing Petrie in the rear of the vehicle, an officer placed the circular “NO NEW POWER PLANT” banner in the car with her.

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