Disruption and evolution at energy meeting


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2016-09-15 ISON-NE PVD 003The Consumer Liaison Group (CLG) Meeting happens four times a year and its a chance for ISO-NE to exchange information with electricity consumers in New England. ISO-NE is the group that regulates our electricity markets and keeps the lights on by coordinating electricity generation and transmission. They run billion dollar markets and interact with companies like Spectra Energy, Invenergy, National Grid and Deepwater Wind. Pretty much every aspect of the process of getting electricity to your television is touched upon by ISO-NE in some way.

2016-09-15 ISON-NE PVD 002The latest meeting of the CLG, in Providence on Thursday, featured a panel discussion with representatives from the four companies mentioned above. The panel was pulled together with the help of Douglas Gablinske, executive director of The Energy Council of Rhode Island (TEC-RI) an advocacy group for energy company concerns. Readers of RI Future may remember that Gablinske was a vocal opponent of Cale Keable’s bill to reform the Energy Facilities Siting Board (EFSB).  He was also the only speaker at the RI Public Utilities Commission (RIPUC) to speak in favor of the pipeline tariff.

Gablinske surprised me by asking if I knew about any planned protests or disruptions. I said I didn’t. He asked me specifically about the FANG Collective. I had no idea of what plans they have, if any, I said. Then Gablinske said that he noticed Mary Pendergast on the list of people who had signed up to attend. Pendergast was sitting in the room, and he soon went over to introduce himself to her.

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As the meeting ended, protesters unfurled a banner

During the course of the presentation there was a disruption. As Invenergy’s John Niland gave his presentation to the room, Mary Pendergast stood and display a small sign that said, “No fracked gas Power plant.” Her protest was silent but it did seem to throw Niland off a bit, as his delivery seemed somewhat distracted.

It was during the third presentation that the disruptions became more pronounced. As Richard Kruse, vice president at Spectra Energy spoke glowingly about the need for bigger and better pipelines in our fracked gas infrastructure future, Kathy Martley of BASE (Burrillville Against Spectra Expansion), Keith Clougherty of the FANG Collective and Sally Mendzela stood up.

“Spectra Energy, Energy for Death,” said Martley as I headed for my camera. “Say no to Invenergy and tell Invenergy to go home,” Martley continued.

As the protest continued, Gablinske took the podium and said, “You have a right to be here but not be disruptive” as Clougherty continued to speak.

Lennette Boiselle, an ally of Geblinske and a lobbyist for the Northern Rhode Island Chamber of Commerce got up and left the room, presumably in search of security. Readers might remember Boiselle as the person arguing against democracy at the public comment hearing concerning Cale Keable’s EFSB bill.

“The political correctness, of not allowing other people to talk is sweeping through this country,” said Geblinske, “It’s an incorrect assumption, this gentlemen has the right to speak…”

“We’ve been listening to you our whole lives, Pal,” interrupted Sally Mendzela.

Gablinske ultimately offered to set up a forum where “both sides” could be heard but it is unknown if this will actually happen. The protesters took their seats, no one was ejected from the forum, and Kruse finished his talk.

Amazingly, though, that wasn’t the end. During a brief question and answer period at the end of the presentations, Gablinske called on Clougherty to ask a question!

“I would ask for a question, not a speech or a statement,” said Gablinske, when he realized who he had called upon.

Clougherty then asked Niland, Kruse and Bill Malee, a National Grid VP, “Do your companies have any money set aside for restitution for the millions of people who are going to be displaced and killed by the infrastructure projects you all are proposing?”

There is no good answer representatives from these companies can give, yet Niland attempted one. As expected, it was not good.

I found the most interesting talk of the day came from Mary LouiseWeezieNuara, External Affairs Representative for ISO-NE.

“The region’s competitive wholesale electricity markets are really designed to maintain reliability through the selection of the most economically efficient set of resources,” said Nuara, but the states “have environmental and renewable energy goals that are beyond the objectives of the wholesale electricity markets.”

What’s happening is that states are setting goals to increase renewables and reduce greenhouse gas emissions (like the goals set out in ResilientRI, but all the New England states have some version of this idea.) ISO-NE is designed to deliver energy as reliably and cheaply as possible. As a market, it cannot deliver renewables or reduce emissions unless those options are cheaper and cleaner. In August, NEPOOL (which represents the interest of the New England states when dealing with ISO-NE)  began looking into how to adjust wholesale electricity markets to accommodate the goals of the states. It is NEPOOL’s goal to develop a “framework document” by December 2 to provide guidance to ISO-NE regarding potential changes. (A kind of advisory opinion, if you will.)

What makes this interesting, to my mind, is that if ISO-NE starts taking the climate change concerns of the states into account, plants like the one Invenergy is planning for Burrillville will have a harder time selling their energy into the markets.

ISO-NE is a little over a decade old, but already it’s finding that its systems are in need of being updated over concerns of climate change. By contrast, the EFSB here in Rhode Island was established thirty years ago, in 1986. The RI General Assembly has shown little inclination towards revising the EFSB’s mandate in lieu of climate change.

Below please find all the video from the CLg meeting except for the closing comments.

Rebecca Tepper, chair of the CLG Coordinating Committee and chief of the Energy & Telecommunications Division of the Massachusetts Attorney General’s office introduced keynote speaker Rhode Island General Treasurer Seth Magaziner.

Douglas Gablinske, executive director, The Energy Council of Rhode Island

Jeffrey Grybowski, chief executive officer, Deepwater Wind

John Niland, director of business development, Invenergy

Richard Kruse, vice president and regulatory & FERC compliance officer for Spectra Energy

Bill Malee, vice president of regulatory affairs, for National Grid

ISO-NE Q&A

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Terrence Hassett cancels meeting on LNG facility resolution


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14264907_10153933030393364_5765016217329190190_n (1)The Providence City Council Ordinance Committee meeting scheduled for 5pm on Monday was cancelled at 4:30pm, what one City Hall worker called, “at the last minute,” by Committee Chair Terrence Hassett. The cancellation effectively stalls the discussion of Councillor Seth Yurdin’s resolution opposing the construction of National Grid’s proposed liquefaction facility for Fields Point in the Port of Providence.

More than a dozen people showed up for the event, only to learn from the hastily printed signs that the meeting was cancelled. People told me that they had made great efforts to be at this meeting. One man brought his six year old daughter with him, others arranged to leave work early. A nurse handed off a patient to her co-worker, and lost out a couple of hours of pay.

Several people, expecting a long meeting, paid for two hours of parking, as the on street parking, which used to be free at 6pm, is now free after 9pm. In all I talked to six people who paid for parking, including Sister Mary Pendergast, who said she’s “on a very limited budget.”

Representative Aaron Regunberg showed up. But even he, when asking various City Hall workers, including the Council President Chief of Staff Cyd McKenna, couldn’t get an adequate answer as to why the meeting suffered a last minute cancellation.

Seth Yurdin Sherrie AndradeCouncillor Seth Yurdin arrived ten minutes before the meeting was due to start. He had received a text ten minutes before arriving telling him the meeting was cancelled. He said he didn’t know why the meeting was cancelled. He had no more insight, it seems, than anyone else.

The people who arrived for the meeting were all prepared to give testimony on the resolution concerning the project at Fields Point, a center of toxic industry located in one of the poorest neighborhoods of color in New England. This was Councillor Seth Yurdin’s second resolution in opposition to the facility, and it was a much stronger statement.

Though Yurdin’s resolution was co-sponsored by half the City Council, passage of the resolution was prevented when Councilors Jo-Ann Ryan and Terrence Hassett flipped their votes.

The resolution was sent to the Ordinance Committee which Hassett chairs. Hassett said at the time that, “I co-sponsored it but a committee review is necessary for a proper vetting and discussion before it is transmitted to the full Council.”

When I asked about why he cancelled the Monday evening meeting that would have allowed for “proper vetting and discussion,” Hassett said, in a written statement:

“The LNG ban, as proposed by Councilman Yurdin, has merit. I co-sponsored it on the floor of the City Council Session.

“However, we have not heard sufficient testimony from the energy developers on the plan itself – the productive results, the environmental impact – what is good versus bad. I’m an environmentally sensitive citizen and public servant, as most of us are. A new and productive proposal, as promised, is certainly worthy of discussion.”

Note that the “energy developers” Hassett is referring to is National Grid, a company that had just as much time and notice to make it to this meeting as the environmental advocates who made the effort to show up for the meeting did. In fact, National Grid has more time, if you take into account the fact that the company employs a full time legal staff.

“My difficulty,” continued Hassett, “is simply approving a resolution banning it until proper testimony is presented. Its akin to a court case. We cannot indict until and unless proper and verified evidence is presented and the jury agrees. Legislative language presents an argument.

“In this case I co-sponsored it on the floor of the City Council. My concern or our general concern is this….we need discussions in an open forum from those proposing the LNG and receive any counter testimony on the plan or proposal.

“Many have advocated transparency in government. I believe in it. It’s how the best decisions are made. So we will carefully review this proposal, a $40 million effort  should it meet our needs, our environmental protections and city economy.

“That’s my assessment based on your inquiry. It will be heard. Just better prepared for our decision makers and the public.”

Many who arrived at the City Hall to find the meeting cancelled are convinced that there were some backroom shenanigans involved. But no proof of these speculations will ever materialize. Instead, the blame for cancelling this meeting rests solely on Hassett and his decision, as he explains above.

I asked Hassett a follow up.

“The meeting was cancelled at 4:30. When meetings are scheduled on Friday afternoon and cancelled moments before they are to start on Monday, many people feel that there are shenanigans going on behind the scenes. At the very least, it shows a lack of concern for those who make the effort to attend. Do you have a comment on this?”

I received no answer.

I’ve experienced something like this before. Back in May 2014 a Providence City Council Ordinance Committee meeting that was to discuss the proposed $15 minimum wage for hotel workers was cancelled at the last minute, leaving dozens of working women in the lurch. At the time I wrote, “Working women secured childcare or brought their kids with them. They skipped meals, skipped overtime and traveled to the City Hall on foot, on buses or in carpools, only to find out that the Ordinance Committee meeting had been abruptly cancelled.”

The cancellation of this meeting allowed the General Assembly the time it needed to include an amendment in the State Budget to prevent municipalities like Providence from setting their own minimum wages, frustrating months of activism on the part of the hotel workers. The chair of the Ordinance Committee then was Seth Yurdin.

FANG confronts Whitehouse over his Invenergy support


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2016-02-01 FANG Whitehouse PVD City Hall 09As Senator Sheldon Whitehouse stood up to speak to a room packed with concerned environmentalists and sustainability stakeholders at the #ResilientPVD Sustainability Workshops, held in the Providence City Hall Monday afternoon, climate activists representing FANG (Fighting Against Natural Gas) and BASE (Burrillville Against Spectra Expansion) stood up and silently held aloft signs challenging the Senator on his stated support for Invenergy‘s Clear River Energy Center (CREC) in Burrillville.

The event was not interrupted and proceeded as planned. At one point Leah Bamberger, Providence’s Director of Sustainability, confronted Nick Katkevich of FANG, who was handing out flyers to people in the room. The flyers ask “Did you know?” and answered, “Sheldon Whitehouse supports the massive fossil fuel power plant proposed for Burrillville.” After their brief interaction Bamberger returned to her seat and Katkevich resumed handing out flyers.

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Among those standing with signs I recognized Sister Mary Pendergast of the Sisters of Mercy and Burrillville resident Kathy Martley.

Senator Whitehouse came out in support of the CREC power plant in an interview with Ted Nesi. In the interview Whitehouse cited support from environmental groups for his stance, support that subsequent investigation has revealed does not exist.

The #ResilentPVD event today is part of a three day series of “charrettes, workshops, and community meetings to explore how Providence’s infrastructure, buildings, and neighborhoods can prepare for the impacts climate change.” An impressive array of sustainability experts from across the country are in attendance. There is a report expected on Wednesday.

Mayor Jorge Elorza introduced Senator Whitehouse as the state’s foremost climate champion though some in the audience were audibly agitated by that designation, with someone commenting that “He supports the fossil fuel plant in Burrillville!” Whitehouse was not visibly disturbed by the protesters, though he seldom looked their way as he spoke.

FANG and BASE are planning to protest at the RI State House Tuesday evening during Governor Gina Raimondo‘s State of the State address Tuesday evening. Governor Raimondo has also been a vocal champion of the CREC plant, as has Speaker of the House Nicholas Mattiello.

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Whitehouse and Elorza

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Fossil Free RI statement on Invenergy power plant hearing


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Fossil Free RIAt its public meeting today, the Rhode Island Energy Facility Siting Board postponed ruling on giving grassroots groups and individuals the opportunity to get a fair hearing of their objections to the Clear River Energy Center, a fracked-gas power plant proposed by Invenergy, based in Chicago, IL.  The board will announce its final ruling on this matter at the next public hearing, scheduled for January 29.

The two remaining members of the three who should make up the board serve at the pleasure of Governor Raimondo, who is on record supporting expansion of the “natural” gas infrastructure. As a result, Janet Coit, one of the two board members, is in a bind.  She is Director of the Rhode Island Department of Environmental Management and an avid environmentalist.  Last summer, she spoke at the Sierra Club-sponsored rally, “The Environment is Everyone’s Business.”  Coit is painfully aware of the toll climate change is already taking on life in Narragansett Bay.  At the rally, she referred to a “profound experience” she had looking at colonial nesting birds on Hope Island. She said: “There are several islands in the Bay that used to host colonies of nesting terns and now they are submerged.”

Said Lisa Petrie of Fossil Free Rhode Island: “We’re calling on Governor Raimondo to wake up and recognize that building more gas-fired power plants threatens the future of our state and of humanity as a whole.”  Indeed, the Invenergy proposal is inconsistent with the U.S. Environmental Protection Agency’s 2009 Endangerment Finding, which determined that greenhouse gas emissions endanger public health and welfare of current and future generations.  This language parallels that of the 2007 denial of a fossil-fuel plant permit by Roderick Brembly, Secretary of the Kansas Department of Health and Environment. Obviously, team Raimondo is lagging reality by almost a decade.

Fossil Free Rhode Island reiterated that Governor Raimondo’s policies violate Article 1, Section 17 of the Rhode Island Constitution, the supreme law of the state, which clearly specifies the duty “to provide for the conservation of the air, land, water, plant, animal, mineral and other natural resources of the state.”

The Conservation Law Foundation has put forth that, by increasing Rhode Island’s greenhouse gas emissions, the Clear River Energy Center would violate the Resilient Rhode Island Act of 2014. The foundation urged the Board to terminate its deliberations, which would effectively deny Invenergy the permit it seeks.

The Burrillville Land Trust, in a blistering take down of Invenergy’s proposal, argued for the same and writes: “We are being denied an opportunity to respond in a meaningful way because of mis-information, inadequate information and outright absence of information.”

Governor Raimondo has tried to make the case that Invenergy’s Energy Center will bring jobs to Rhode Island.  The Rhode Island Building and Construction Trades Council, in its request for late intervention, agrees with the governor. This view is untenable and Fossil Free Rhode Island referred to a recent report of the Political Economy Research Institute of UMass in Amherst that states: “New investments in energy efficiency and renewable energy will generate more jobs for a given amount of spending than maintaining or expanding each country’s existing fossil fuel sectors.”

Fossil Free Rhode Island once again drew attention to current research that shows that, given the urgency of dealing with climate change, “natural” gas has a larger greenhouse gas footprint than coal and oil. In other words, Invenergy’s proposed power plant is bad for Rhode Island on all counts: physics, economics and morality.

Sister Mary Pendergast, one of the individual intervenors, said: “I do not think that the spiritual and moral issues of environmental ethics will be adequately represented by excluding my testimony. Any decision the Siting Board makes that is good for the corporation, but not for the environment, is a bad decision and we will live to regret it.”

The Board referred to the ambiguous rules under which they operate.  They seem to interpret the rules as the requirement of attorney representation. This interpretation would exclude virtually all members of the public who filed for the status of intervenor.  Pat Fontes, representing Occupy Providence, said: “The refusal to admit the voice of Occupy Providence in the deliberations of this board would symbolize and contribute to the likelihood that ‘government of the people, by the people, and for the people’ will indeed perish from the earth.”

[From a press release]

RI Future covered the hearing here: Strong public opposition to Burrillville power plant at hearing

Invenergy fails to gag activists on power plant intervention


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During the last two days activists filed rebuttals with the Energy Facility Siting Board as they contest Invenergy’s attempt to suppress public input on its proposal to build a fracked-gas power plant proposal.

STENCIL: "RESPECT EXISTENCE OR EXPECT RESISTANCE"In a press release late last month Fossil Free Rhode Island cited as reasons for filing a motion for intervention with the Board:

The construction of the proposed power plant —part of the energy policy of team Raimondo— would slow down the transition to renewable energy.

As a recent report of the PERI Institute of UMass in Amherst states: “New investments in energy efficiency and renewable energy will generate more jobs for a given amount of spending than maintaining or expanding each country’s existing fossil fuel sectors.”

“Natural” gas has a larger greenhouse gas footprint than coal and oil. Clearly, team Raimondo is wrong on all counts: physics, economics and morality.

In response to Invenergy’s objections to their Motions for Intervention Sister Mary Pendergast, Occupy Providence and Fossil Free Rhode Island argue that the company misconstrues the rules according to which the Board operates.

 

The activists also take Invenergy to task on its claim that they lack sufficient interest to justify intervention.  They remind the company of the U.S. Supreme Court ruling Massachusetts v. EPA (2007), which declared that greenhouse gases are pollutants under the Clean Air Act.  They also remind Invenergy of the Endangerment Finding of 2009 of the Environmental Protection Agency that determined that greenhouse gas emissions endanger the public health and welfare of current and future generations.

In a landmark environmental case (Payne & Buttler v. Providence Gas Co., 1910) the Rhode Island Supreme Court ruled that citizens can sue corporations for damages caused by “deleterious and poisonous substances.”

If these facts, rulings and liabilities do not constitute a direct interest, nothing will.

Occupy Providence, in its rebuttal,  said:

Invenergy cannot credibly argue that Occupy Providence lacks sufficient interests to justify intervention in spite of the fact that “the proposed plant will produce greenhouse gases highly injurious to the 99% for the purpose of producing profits which will go almost entirely and certainly disproportionately to the 1%.”

Sister Mary Pendergast echoed the same sentiment and quoted from Pope Francis’ encyclical Laudato Si’:

26. Many of those who possess more resources and economic or political power seem mostly to be concerned with masking the problems or concealing their symptoms, simply making efforts to reduce some of the negative impacts of climate change. However, many of these symptoms indicate that such effects will continue to worsen if we continue with current models of production and consumption. There is an urgent need to develop policies so that, in the next few years, the emission of carbon dioxide and other highly polluting gases can be drastically reduced, for example, substituting for fossil fuels and developing sources of renewable energy. Worldwide there is minimal access to clean and renewable energy.”

Two members of the Board serve at the pleasure of Governor Raimondo.  That does not bode well for the impartiality of the Board.  This is very troubling when it is clear that the Raimondo administration fails to understand the moral imperative to act on climate change.

Is there any ethical system under the Sun that holds that near-term profit is the ultimate standard?  It is certainly not what is meant by the Affirmation of Humanism that proclaims:

We want to protect and enhance the earth, to preserve it for future generations, and to avoid inflicting needless suffering on other species.

Nor is it consistent with, as the Islamic Declaration on Global Climate Change puts it:

Re-focus their concerns from unethical profit from the environment, to that of preserving it and elevating the condition of the world’s poor.

Citizens of Rhode Island understand that intervention is fully justified and, in spite of Invenergys’ claim to the contrary, that the public interest is not adequately represented by a state government and its corporate allies who willfully act in violation of Article 1, Section 17 of the Rhode Island Constitution, the supreme law of the State which establishes the duty to provide for the conservation of the State’s air, water and land.

Note added after original post: Also the RI Democrats of America (RIPDA) have filed a reply to Invenergy’s objection to their motion for intervention.  In their conclusion they write:

Invenergy’s desire to block RIPDA’s involvement should concern both the Board and the general public, as it suggests that Invenergy wishes to limit the discourse on this topic and stack the deck in its favor.

While touting health and natural resources, Raimondo challenged on her support for fossil fuel


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2016-01-04 Raimondo FANG BASE 20
Raimondo signs her executive order

Governor Gina Raimondo today announced the formation of the Rhode Island Outdoor Recreation Council, touting the health benefits of outdoor recreation and the value of pristine open spaces, even as environmental activists challenged her on her continued support of the fossil fuel industry in Burrillville.

Members of Fighting Against Natural Gas (FANG), Burrillville Against Spectra Expansion (BASE) and Fossil Free RI all attended the press conference in the freezing cold Goddard Park Carousel in Warwick, silently holding signs that said, “Save Burrillville.” After Governor Raimondo signed the executive order creating her new council, one member started chanting “No new power plant!” and was escorted from the room.

2016-01-04 Raimondo FANG BASE 16In a press release, Governor Raimondo said, “All Rhode Islanders should have the chance to enjoy the countless outdoor recreational opportunities in our beautiful state, and take advantage of these resources as they fulfill New Year’s resolutions and lead healthier lifestyles. Rhode Island’s natural assets are unmatched, with amazing beaches, parks, campgrounds, bike paths, the bay and waterways. The State can do more to encourage use of these resources and promote this critical sector of Rhode Island’s economy.”

Raimondo’s staff has not responded to a request to explain how increasing Rhode Island’s dependence on fossil fuels will make for healthy environments in the state.

Raimondo did not engage with the protesters, but exited quickly after the event. One member of FANG waited in line on stage for a chance to speak with the governor but was turned away. Pia told me, “I was very angry I got kicked off the stage and couldn’t talk to my governor even though I was next in line to do so.”

Director Nicole Alexander-Scott, MD, MPH, of the Rhode Island Department of Health and Warwick Mayor Scott Avedisian did briefly engage. Among the protesters were Kathy Martley of Burrillville, who founded BASE, Sister Mary Pendergast and Sally Mendzela, who were arrested on Spectra property in December, Peter Nightingale who was arrested on Spectra property in August, and Nick Katkevich who was arrested on Spectra property in September.

In a statement Peter Nightingale said, “Fossil Free Rhode Island will continue to confront the Raimondo administration with the fact that natural gas is more dangerous for the global climate than coal and oil.  Fossil Free Rhode Island will not stand idly by as front line communities and Burrillville in particular are treated as sacrifice zones.”

I’ll have some video on this later today, and will update if the Governor’s office responds.

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Invenergy attempts to sideline public input on proposed power plant in Burrillville


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2015-12-07 FANG BASE Raimondo Whitehouse 003Lawyers for Invenergy have filed documents with the court objecting to the Motions for Intervention filed by several local property owners, activist groups and individuals. At contention is the proposed “Clear River Energy Center” (CREC), a 850-1000 megawatt power plant fueled by imported methane gas, to be built in Burrillville.

The Rhode Island Energy Facilities Siting Board (RI EFSB) has scheduled a preliminary hearing to consider Invenergy’s application for January 12 at 9:30am. Public commentary will not be heard at this hearing, only those parties and participants granted intervenor status by the Siting Board will have a voice in the proceedings.

In their court filing, Invenergy objected to the following groups and individuals’ motion for intervenor status: property owners Dennis and Kathy Sherman and Paul and Mary Boldue; activist and political groups Occupy Providence, Fossil Free RI, the Progressive Democrats of Rhode Island (RIPDA), Fighting Against Natural Gas (FANG) and  Burrillville Against Spectra Expansion (BASE); and Sister Mary Pendergast, as an individual.

Invenergy does not have “specific objections” to the intervention requests of the Town of Burrillville, the State of RI Office of Energy Resources, National Grid, the Burrillville Land Trust or the Conservation Law Foundation.

Invenergy contends that intervention should only be granted to “Parties that have either statutory rights to intervene, directly affected interests that will not be adequately represented by other parties, or special public interests that compel intervention as a Party.”

Invenergy also objects to a separate motion “to extend the intervention period and to postpone the Preliminary Hearing” submitted by FANG and BASE.

RawsonIn their motion requesting a 45 day extension of the deadline to intervene, FANG and BASE argued that, “At the December 9th Burrillville Town Council Meeting, several residents voiced their confusion with the intervenor process and expressed frustration with the lack of information provided about the process. Residents posed questions to the Town Council that the Council was not equipped to answer.” Note that the Town of Burrillville, though ill-equipped to answer rudimentary questions about the process at the Town Council meeting, is one of the groups that Invenergy says will “adequately” and “capably” represent the public interest.

The requested extension, maintains FANG and BASE, would allow “interested individuals and parties… more time to learn more about the intervention process, seek legal counsel and draft motions to intervene.”

The Siting Board, according to the motion filed by FANG and BASE, sent out “the first announcement for the public hearing… on November 17th to only sixteen parties, most of whom were local or state government agencies or elected officials. November 17th was one week before the Thanksgiving holiday. The deadline for filing as an intervenor was set as December 22rd, leaving two days before Christmas and one day before Eid Milad ul­Nabi (the observance and celebration of the Prophet Muhammad’s life). Also happening during the intervention period was the Hanukkah holiday from December 7th-­14th.”

Residents affected by the proposed power plant’s siting were informed of the process with little time to seek counsel or determine if their interests were to be covered by approved intervenors. At the December 9 Burrillville Town Council meeting, Town Manager Michael Wood told Kathy Sherman that the town council’s job is to represent Burrillville, but that doesn’t mean that the town council will be representing every concern of every resident.

Yet in their court filing objecting to intervenor status being granted to Dennis and Kathy Sherman and Paul and Mary Boldue, Invenergy claims that their interests will be adequately protected by the Town of Burrillville as a Party.

Invenergy objected to Occupy Providence, Fossil Free RI  and RIPDA being granted intervenor status because none of the groups is represented by a lawyer. The groups maintain that the rule cited by Invenergy is applicable to Parties, as legally defined, and not to participants. Further, Invenergy claims that the groups will not “be ‘directly affected’ by the project in a manner that will not be represented by other parties.”

Hilariously, one of the Parties that Invenergy claims will represent the interests of Occupy Providence, Fossil Free RI  and RIPDA is National Grid, a company with a history of disregarding the concerns of Rhode Islanders and the environment in its endless craving for corporate profits.

Raimondo Clear River presser
Governor Raimondo at the CREC press conference

Invenergy further claims that “interests related to carbon emissions and the state’s overall energy policy will be more than adequately represented by other Parties” including the Governor’s Office of Energy Resources. Governor Gina Raimondo has very publicly supported the proposed energy plant, so it is highly doubtful that the interests of Occupy Providence, Fossil Free RI and RIPDA will be represented by Parties advocating for her interests.

FANG and BASE were represented by a lawyer in their motion to intervene, but Invenergy says that these “grassroots organizations” will be “cabably represented” by the Conservation Law Foundation (CLF), the Town of Burrillville, the DPUC and the RI Department of Environmental Management.

This is another strange statement, because when I emailed Josh Block, the press secretary for the Conservation Law Foundation, he wrote back saying, “By intervening in the pending Energy Facility Siting Board (EFSB) docket, CLF will present multiple arguments as to why Invenergy should be denied a permit to build an expensive, long-lived, carbon-emitting fossil-fuel power plant. A proposal such as this which makes little economic or environmental sense has unsurprisingly garnered opposition from a large number of stakeholders, each with unique interests and perspectives. Thus, any assertion that CLF’s participation in the docket is a reason for excluding other intervenors in the process is as misguided as the proposal itself.” (Italics mine)

2015-12-05 FANG Arrests Spectra 022
Sister Mary Pendergast, in pink, being arrested

Sister Mary Pendergast, explaining her reasons for being arrested during a protest organized by FANG and BASE, said, “Pope Francis has called us all to an ecological conversion and he said it is essential and not an option.” Her motion to intervene has also been opposed by Invenergy, apparently, because her philosophical and theological concerns will be “adequately” and “capably” represented by the corporate and governmental interests of approved Parties, which is errant nonsense.

The fact is that the interests of the people will not be adequately represented in these proceedings if these motions for intervention are denied. The interests of the public are routinely and bureaucratically sidelined by relegating our voices to public commentary hearings with no real power or weight. Invenergy, though, depends on these public hearings to provide the appearance of public input where there is none, saying, “There will be ample opportunity… to provide comments, views, oppositions and data, in the form of public comment, in writing or in public testimony, at the appropriate time…”

This is how the voices of the public are silenced. We are relegated to separate, lesser forums, scheduled after the real decisions have been made. We are allowed to speak only when our objections have been rendered moot. It is only after our rights have been sacrificed to appease corporate power and after our world is destroyed that our voices will be heard, and that will be too late.

The motions for intervention should be granted.

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Spectra Energy protesters who planted tulips are sentenced in court


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Those arrested in Burrillville earlier this month for trespassing onto land owned by Spectra Energy and planting tulips were processed in court today. They were given a filing in court which will not be put on their permanent record if there are no further arrests this year, and told to not trespass onto Spectra Energy property again. Spectra is currently working to upgrade pipelines and compressor stations in Burrillville as part of a massive methane gas expansion project. Protesters are hoping to stop the project and save the planet.

2015-12-15 Burrillville Eight
Kyle Schulz, Andrea Doremus, Mary Pendergast, Lauren Niedel and Sally Mendzela

In a statement, Sister Mary Pendergast wrote, “A culture of care is part of my spirituality: care of Earth, and care of people who are poor. Pope Francis has called us all to an ecological conversion and he said it is essential and not an option. He asks for a revolution of Mercy as well as a bold, cultural revolution. The Paris agreement is calling for an end to the fossil fuel era NOW! Yet the Burrillville plant will lock RI into fracked gas for the next 30 years. It is beyond time for the people to rise up, sure as the tulips we planted on Spectra.”

Andrea Doremus, also arrested and processed through court today, wrote, “I got arrested because I’m a high school U.S. history and Civics teacher, and I feel it is my educational and moral responsibility to model for my students what it means to stand up for what you believe in, and to use the tools of civil society to challenge that which is wrong and out of balance. Democracy is earned, not given – the forces of greed make sure that is true. And every generation needs to learn and earn it again.

“As Naomi Klein says, we are at a historical juncture. I believe it is our democratic responsibility to act.”

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