Burrillville Town Council opposes power plant, but proposed tax treaty undercuts their message


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20160922_185651Even as the Burrillville Town Council approved a resolution to oppose the siting and construction of Invenergy’s $700 million fracked gas and diesel oil burning power plant in their town, the next battle, over a proposed tax treaty between the town and the power plant company, was heating up.

The town council approved the resolution 7-0. The resolution also included a provision that Council President John Pacheco III will testify against the power plant before the Energy Facilities Siting Board (EFSB) and ask other municipalities to join the town in opposition.

The vote in opposition breaks a long period of “neutrality” on the part of the town council, which the council maintained was necessary so as to not give the appearance of trying to politically affect the outcomes of advisory opinions from the town planning and zoning boards.

“The siting board and Invenergy can certainly never say we did not follow the process,” said Council President Pacheco.

But in the audience, townspeople were holding bright yellow signs that said, NO TAX TREATY, a preview of Monday night’s town council meeting to vote on an agreement with Invenergy to collect $94 million or more from Invenergy if the power plant is ultimately approved. Townspeople say that approving this tax treaty undercuts the council’s statement of opposition.

One by one the town council members explained their opposition to the project. Councillor Kimberly Brissette-Brown, who was absent, had her statement read by the town clerk. There was no public comment allowed, but the bright signs held by audience members spoke volumes.

On a personal note, I was extremely touched by the comments made by Councillor David Place and the reactions of the townspeople to the mention about RI Future and the work we’ve done on Burrillville. Thank you.

To be continued on Monday night. Here’s the full video:

20160922_190423

Acushnet, not Burrillville, targeted for Spectra LNG storage facility says town council


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2015-10-08 LNG 009Spectra Energy is not planning to build a liquified natural gas (LNG) storage facility in Burrillville alongside the controversial compressor station and near the site of Invenergy‘s planned $700 million fracked gas and diesel oil burning power plant. The Burrillville Town Council evealed at their Wednesday night meeting that when Spectra submits their official FERC pre-application for the project on July 22, it will be Acushnet, MA, not Burrillville, that will be forced to fight against yet another fracked gas infrastructure nightmare in New England.

The existence of Spectra’s plan came to light when the Burrillville Town Council released the agenda for the July 13 meeting, which included item 16-200 “Correspondence from Spectra Energy regarding Algonquin Gas Transmission LLC – Access Northeast Project (Pre-filing Docket No. PF16-1-000) relative to potential construction of a liquefied natural gas (“LNG”) storage facility in New England.”

This project is yet another addition to the expansion of fracked gas infrastructure in New England. Page 4 of the Supplemental Project Information Filing for Spectra’s Access Northeast Project (FERC Docket No. PF16-1-000) released in April 2016, reads “As part of this Project, Algonquin will upgrade and expand the existing Algonquin pipeline system and construct a liquefied natural gas storage facility in New England to deliver, on peak days, up to an additional 925,000 dekatherms per day (“Dth/d”) of natural gas.”

This same document, on page 11, lists Burrillville as an alternative site for the facility, noting that further expansion of pipeline capacity might be needed due to its location.

4.2.2.1 Burrillville Site Area

Algonquin began evaluating alternative sites as far west as its Burrillville Compressor Station, which offers a large site already owned in fee by Algonquin. The Burrillville, Rhode Island alternative site is located adjacent to Algonquin’s existing Burrillville Compressor Station. Due to its location, any LNG service that would be pulled into on the G-System and Algonquin’s mainline pipelines from the proposed LNG facility site would have to be pushed from the alternative site at Burrillville using Algonquin’s mainline pipelines that, to this point in the Project development, have been designed to carry 195,000 Dth/d. The location of the LNG site at Burrillville would require that Algonquin’s mainline pipelines carry an additional 225,000 Dth/d for a total of 420,000 Dth/d. To render the same service as that provided by the proposed Access Northeast LNG Facility site (Acushnet, Massachusetts), additional upgrades would be required including: the installation of a total of approximately 17.7 miles of new pipeline (8.1 miles of additional 36-inch diameter pipeline at the Burrillville Compressor Station Discharged 9.6 miles of 30-inch loop on the G-1 System); plus additional horsepower at the proposed Rehoboth Compressor Station.

At Wednesday’s Burrillville Town Council meeting, Town Manager Michael Wood said that there were two locations being considered in Burrillville, the one adjacent to the compressor station mentioned above and another location “off Barnes Rd.” Council president John Pacheco III cautioned those in attendance that the information looks good for Burrillville, but that no one will definitively know Spectra’s plans until July 22.

Repeated calls to Spectra’s media hotline on Tuesday and Wednesday went unanswered, save for an email that Thanked me for my interest, answered none of my questions and referred me to Spectra’s Algonquin Northeast Project website.

Of course, just because the project isn’t being built in Burrillville doesn’t make this a win. Acushnet already has an LNG storage facility, and this will be a second one, or possibly an upgrade.

“This project shouldn’t be built anywhere,” said a Burrillville resident to me after the meeting.

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The angry crowds never came to the Burrillville Town Council meeting


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

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

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

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

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

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

The large, angry crowd never materialized.

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

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

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

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

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

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

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

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

Resolution

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Burrillville Town Council knew about power plant plans in February 2015


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2015-02-23 Fogarty Keable Newberry
Fogarty, Keable and Newberry

At the most recent Burrillville Town Council meeting, Council President John Pacheco said that “As a town council, we did not know this plant was actually going to happen until the Governor announced it.”

Pacheco was not quite telling the truth.

Videos from February and March 2015 town council meetings show that local elected officials – both the council and legislators – have been paving the way for the controversial Invenergy power plant for months before Governor Gina Raimondo officially announced the project, contrary to recent statements by the Council President.

Governor Gina Raimondo announced Invenergy’s plans to build another power plant in Burrillville on August 4, 2015. The town council met with local legislators Paul Fogarty, Cale Keable and Brian Newberry to discuss the idea seven months earlier.

On February 23, 2015 Burrillville Town Manager Michael C Wood, at a “special meeting” of the town council, said, “We’ve had some conversation. There’s the potential for a new power plant to come to Burrillville.” Present at this meeting was the entire Town Council except for Stephen Rawson and Donald Fox.

This special meeting was between the town council and state Senator Paul Fogarty, Representative Cale Keable, and Representative Brian Newberry. The meeting was held to discuss state level legislation of interest to the town council with their state representatives.

Wood told the council and legislators he wanted to “make sure that the existing [state level] legislation we have will allow for the siting and construction of the new power plant in the town.” The legislation concerns Burrillville’s ability to enter into tax agreements with power companies and can be seen here.

“It would be appreciated, Cale,” said Wood, talking to Rep Keable directly, “making sure that that legislation, as written, will allow the town to potentially entertain the possibility of a new power plant.”

“Okay,” said Keable, “We’ll look at that.”

As can be seen from this screen shot from earlier in the video, this meeting was poorly attended.

2015-02-23 Wide Shot

At another “special meeting” on March 18, 2015, Town Councilor Stephen Rawson talked about Burrillville water contaminated with MTBE. Several years ago some of the well water in Burrillville was contaminated with MTBE, a virulent carcinogen that some residents say sparked a cancer cluster in the town. The water that Invenergy wants to use for its cooling system will come from this MTBE contaminated well water.

Though Invenergy claims the water will be filtered and the water will be pure enough to dump in the Clear River when they are done, no one seems quite sure if the science adds up. Note also that as far as I have been able to tell, no one has attempted to use MTBE contaminated water to cool a power plant before.

In the clip below, Rawson says that, “Years ago Mike [Town Manager Michael Wood] had tried to make a proposal, and it was a good one, to run that water up to the [Ocean State] power plant as cooling water so the wells would be flushed and probably get rid of the MTBE that’s in the ground water.”

Rawson notes that Harrisville, which has authority over this situation, blocked this proposal.

Town Councillor David Place then says to Wood, “you and I had that discussion with that new power plant going in, of bringing back that idea of running a line to the new power plant and doing the exact same thing when that new power plant comes in. I think you said that that discussion had come up.”

“They have already reached out to Mike Kirkwood [General Manager of the Pascoag Utility District],” said Wood, “I don’t know about Harrisville…”

“They shouldn’t be involved at all,” said Place, because the wells and siting of the power plant will be entirely inside Burrillville, and Harrisville will have no control over the decision.

“To get to your point, Steve,” continued Wood, addressing Rawson, “that probably will happen, and that will help the well situation…”

Later in the same meeting Town Manager Wood says, “We need to set up something, maybe not right now, to deal with the new power plant… some professional help… to negotiate a deal with them.”

“How soon is that going to be done?” asks Council President John Pacheco.

“Not right away,” answers Wood, “But it should be on our radar screen. Probably within a year.”

“I’m sorry,” says a female town councilor (either Kimberly Brissette Brown or Michelle Bouchard), “What power plant are you talking about?”

“Invenergy,” answers Wood, spelling it out for clarification. “I-N-V-E-N-E-R-G-Y.”

The discussion then turns to the protesters who walked 28 miles, from Burrillville to Providence, in protest of the expansion of the compressor station in Burrillville. Wood laughs when he is asked, “Did those protesters ever make it to Providence?”

Contrary to Council President John Pacheco’s statement last week, the videos make clear that not only was the town council, as a whole, aware that Invenergy was planning to build a power plant in Burrillville, they have been actively involved with the project for months prior to its public announcement.

It also appears that Town Manager Michael Wood suggested the idea of using the MTBE contaminated water to cool the plant, one of the most controversial and potentially dangerous aspects of the plan. If the water isn’t filtered properly or cannot be filtered, dangerous levels of MTBE water will be dumped into the Clear River or released as airborne steam, potentially threatening the health and safety of thousands of Rhode Islanders.

At no time is the idea of not bringing the new power plant to Burrillville discussed by the Town Council. The idea of opposing the plant never seems to have occurred to them.

Many voters in Burrillville are aware of these videos and their faith in their Town Council and state representatives has been severely challenged or even shattered.

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Burrillville Town Council can stand up to Invenergy


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Burrillville Town Council
Burrillville Town Council

The revelation that the Burrillville Town Council, under the leadership of John Pacheco III, has been engaged in ongoing negotiations with Invenergy LLC over potential tax breaks for their Clear River Energy Center gas and oil burning power plant, came as a surprise to many Burrillville residents Wednesday evening. Burrillville Town Solicitor Oleg Nikolyszyn, in a comment on the piece that broke this story objected to the word “secret” saying that the negotiations he and Town Manager Michael Wood were engaged in were “due diligence” and “not behind anyone’s back, or in secret, but openly.” He also says that, “Until now, the Council has not been engaged or negotiating with Invenergy.”

Nikolyszyn feels that he and the Town Manager, “would be remiss if we did not take into consideration what financial benefit the Town would receive.” They are doing, “what professionals are expected to do in a business environment.” At the meeting Nikolyszyn said that the town had a “fiduciary duty” to enter into negotiations.

That’s not what the law says.

Conservation Law Foundation senior lawyer Jerry Elmer maintains that, “one of the most effective ways that the Town Council can seek to prevent the siting of the Invenergy plant is to deny Invenergy the tax treaty it seeks.”

Not entering into a tax treaty with Invenergy will not necessarily stop Invenergy in its tracks, the plant could still go forward and pay higher taxes to the town, taking a hit to their profitability in the process. Elmer reminded me that the profitability of the plant has already suffered two recent hits “when (a) Invenergy cleared only one of two turbines in the February 8 Forward Capacity Auction; and (b) the SENE zonal clearing price had zero premium over the clearing price in Rest of Pool, unlike the previous two auctions in which our zone cleared at a huge premium.”

How many more hits to the plant’s profitability can Invenergy afford?

At Wednesday evening’s Town Council meeting Nikolyszyn was correct when he said that Burrillville has no say in whether or not the plant gets approved for Burrillville. As Elmer helpfully explained,

The underlying reason that the General Assembly created the Energy Facility Siting Board (EFSB) by enacting the Energy Facility Siting Act (EFSA), was that it was assumed that — whenever any major power generation facility is planned to be built anywhere — the local residents in the local town would oppose the plant because of local impacts.  The purpose of the EFSA is to take the power out of the hands of the local officials, who may be subject to constituent pressure to oppose the plant.  That is the reason that all the opinions that the EFSB gets under the EFSA (from DEM, OER, Town of Burrillvile, etc.) are advisory opinions only.  The final decision to grant or deny a permit to build the plant rests solely with the EFSB.  This was the purpose of the law.”

However, “it is in the sole discretion of the Town Council whether or not to grant a beneficial tax treaty to Invenergy.  The Governor cannot force them to do that.  The EFSB cannot force them to do that.”

Pacheco and other Town Council members said over and over that they need to be neutral ahead of any reports that their boards are preparing for the EFSB, because it was the Town Council that nominated the members of these boards. This is of course nonsense. Governor Gina Raimondo, who nominated the members of the EFSB board, has been a major proponent of the plant. Where is her neutrality? Why is she not afraid that her support for the project will affect the people she’s nominated to board positions?

This pretension of neutrality merely shields the Town Council from their responsibility to their constituents, who overwhelmingly do not want this plant. Nikolyszyn might think this is all business as usual but he forgets: government is not business.

The Town Council would be completely in their power to pass a resolution declaring that they will not, under any circumstances, engage in a tax treaty with Invenergy. The company could then decide to go forward with the plant or not, but not only will their profitability suffer, so will their public image.

Reaching a deal with the Town will give Invenergy and Governor Raimondo political coverage. With a tax treaty in place it will be harder to say that the plant was forced on the Town against the will of the people since the company negotiated with the representatives of the people for an “equitable” deal.

Democracy will have worked, supposedly.

Not engaging with Invenergy sends a strong message that this plant is not wanted by the people of Burrillville. The plant can then only proceed against the will of the people, against the wishes of a democratically elected government. A Governor that blatantly disregards the will of the people in such a situation is a tyrant. A company that builds an unwanted facility against a community’s interests is not a community partner but a despoiler.

Now is not the time for wishy-washy politics, business as usual and secret (not secret) negotiations.

If the Burrillville Town Council can’t take a stand, it’s time for the citizens of Burrillville to find new Town Councillors.

Burrillville Town Council claims to be powerless against Spectra, Invenergy


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20151014_190328More than 50 people packed the Burrillville Town Council chamber to register their objection to the Spectra energy pipeline expansion and the new $700 million “Clear River” methane power plant that’s proposed for Wallum Lake Road by Invenergy. Kathy Martley, of Burrillville Against Spectra Expansion (BASE), presented the town council with research she had gathered outlining the health risks and dangers of pipelines and power plants in the community.

Council President John Pacheco III and the other councilors did not seem very receptive to the concerns of the citizens in attendance. In response to questions raised at previous meetings about half the town council recently toured the Spectra plant and examined the work being done on the pipeline. They left satisfied that the pipes were not corroding and that the noise levels were within acceptable limits.

One town councilor said that during the tour they were told that Spectra was digging up some pipelines, so the noise was louder than usual. She seemed surprised that those in attendance laughed. But it was less funny when the town council revealed that all the information they have on Spectra’s actions and all the information they have on safety and public health issues comes from Spectra, and there are no other sources of information available.

“We have no legal authority to regulate or look at their reports,” said Pacheco, “We have to rely on Spectra.”

20151014_193020This was the refrain of the Burrillville Town Council throughout the meeting. Only FERC (the Federal Energy Regulatory Agency) can regulate Spectra, claims the town council. Spectra doesn’t even have to obey the town’s noise ordinances. “We don’t have control over Spectra and we can’t enforce local ordinances” against them, said Town Councilor David Place.

Meanwhile the vibrations from the pipeline compressors are so overpowering that plates rattle in the cabinets of Kathy Sherman’s home, who lives across the street from Spectra, she said. She warned the town council that there may be dire impacts on Burrillville due to Spectra’s expansion that have nothing to do with health or the environment.

“When you have people leaving, not paying their taxes, you will suffer for that,” she said.

Said Kathy Martley of BASE, “The value of this town is going into the toilet. I urge you to pass a resolution to oppose this power plant.” The crowd overwhelmingly agreed, applauding and cheering Martley’s words. But the town council seemed unwilling to be moved by their voters.

“FERC and the governor have all the power,” says Councilor Nancy Binns, “we don’t.”

Several times Council President Pacheco tried to close off comment, and several times those in attendance had to insist on being heard. “Why don’t we get to vote on this?” asked a man at the back of the crowd, “Newport votes on gambling over and over again, but we just have to accept this?”

Gina Raimondo

Instead of addressing the man’s concerns, Councilor Stephen Rawson insisted that discussing the new power plant would be illegal, since it’s not on the agenda, only the pipeline expansion is. This was news to Kathy Martley of BASE, who told me after the meeting that she’s pretty sure she asked that both items be on tonight’s docket.

Spectra held an open meeting recently in Burrillville. Residents were annoyed that “union people” holding signs in support of Spectra arrived early and took up all the parking spaces at the too small venue. Others complain that they don’t get proper notification about meetings from Spectra.

“Don’t you get notification of meetings?” asks a councilor.

“NO!” shouts virtually everyone in frustration.

“We asked about their notification process,” says Councilor Donald Fox, “they admitted that they aren’t as good as they used to be.”

Meanwhile, says Kathy Sherman, “No one from Spectra will return calls.”

The Town Councilors don’t want to be discussing this. They claim to be powerless in the face of Spectra. They recommend contacting Governor Gina Raimondo or State Representative Cale Keable. A man behind me says, referring to Keable, “He’s useless.”

Burrillville is home to two interstate methane gas pipelines, two methane gas compressor stations and the Ocean State power plant. Spectra Energy’s compressor station is already being expanded and a second expansion has been proposed. The proposed “Clear River” power plant plans to use Pascoag’s MBTE (methyl tert-butyl ether) tainted water supply for cooling.

In their press release, BASE suggested three things the town council could do in opposition to new methane energy infrastructure:

-Invenergy, the company that wants to build the plant, will try to negotiate with the town for a lower tax rate. If the Town refuses to negotiate with Invenergy and refuses to give them a tax break, the plant won’t be built.

-The Town will be asked by State agencies to submit official opinions about the power plant. If the Town Council says that they are against the plant, the State permits might not get approved.

-The power plant would need huge amounts of water to operate. The town has some power to deny Invenergy access to the local water supply and the pipes that will be needed to transport the water.

Amanda, another member of BASE, wants to know what the town council has done to move Burrillville towards a renewable energy future. After a few minutes of prevaricating, Councilor David Place is forced to admit that they’ve done almost nothing.

Invenergy also builds renewable energy power plants says Amanda, before demanding that the town council tell Invenergy to, “go solar or go home!”

After public comment on the subject is finally closed, and the citizens leave the building and gather outside on the sidewalk, no one seems happy with the performance of the town council. There is anger and frustration and talk of electing town councilors willing to stand with them against Spectra and Invenergy.

“When I started this two years ago, they could ignore me,” says Kathy Martley, of BASE, “They can’t ignore us any more.”

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