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MTBE – RI Future http://www.rifuture.org Progressive News, Opinion, and Analysis Sat, 29 Oct 2016 16:03:26 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.25 Attorney Sinapi denies conflict of interest http://www.rifuture.org/sinapi-denies-conflict-of-interest/ http://www.rifuture.org/sinapi-denies-conflict-of-interest/#comments Thu, 11 Aug 2016 15:46:47 +0000 http://www.rifuture.org/?p=67057 Richard Sinapi
Richard Sinapi

About a half hour before Tuesday evening’s Harrisville Fire District and Water Board meeting started, attorney Richard Sinapi was engaged in semi-private conversation with board chair Ronald Slocum and vice chair James Scotland Sr inside the meeting place. Sinapi was apparently selling Invenergy’s idea to open a new well in Harrisville to cool its power plant to the commissioners, essentially telling them that Harrisville would lose out on $10 million if they did not accept the deal.

I arrived at the meeting site about a half hour early. Outside was Burrillville resident Robert Woods. Woods is a recently appointed member of the Burrillville Planning Board. An outspoken critic of Invenergy’s $700 million fracked gas and diesel oil burning power plant, he recently recused himself from planning board business concerning Invenergy out of “an abundance of caution.”

Woods told me he could see inside the building, where Harrisville attorney Richard Sinapi was talking to the chair and vice chair of the Harrisville Water Board. The door to the offices were locked but after knocking, Woods and I were let in. Attorney Sinapi, as seen in the video, was engaged in conversation with two members of the board.

“I don’t know what plan C is, it’s very secret,” said Sinapi, “All I know is that it’s a lot more expensive than the ten million dollars… So… It’s ten million dollars.”

“Gentlemen,” said Robert Woods, “it seems like this is a little out of order, no? The meeting hasn’t started…”

“I’m the attorney, the meeting hasn’t started,” said Sinapi, “and there’s no quorum.”

“I realize that but you shouldn’t…” began Woods, before Sinapi wheeled around on him.

“There’s no quorum, and the meeting hasn’t started yet,” snapped Sinapi, “and I’m the attorney.”

“I realize you’re the attorney,” said Woods, “you’re talking about that to members of the board, I don’t know, I’m not an attorney but it just seems a little out of order to me, that’s all.”

“You’re entitled to your opinion,” said Sinapi.

“That’s why I’m voicing it,” said Woods.

Fifteen minutes later, and about ten minutes before the start of the meeting, Sinapi took another commissioner into an office, where he could be seen speaking privately. What they were talking about is not known.

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The laws governing open meetings are complex, but on the face of things, Sinapi seems to be correct. His advocacy on behalf of Invenergy’s proposal does not seem to have violated the Open Meetings Act. Certainly there was no quorum, but if Sinapi was having this conversation with multiple commissioners in small groups over time, it might constitute what is called a “rolling quorum.” But of course, I’m no lawyer.

There are, however, other considerations at play. Many Burrillville residents have told me that they feel that Sinapi should have recused himself, since he is not only the lawyer for Harrisville, he is also the lawyer for the New England Mechanical Contractors Association. In that capacity Sinapi has apparently advocated for Invenergy’s power plant at the State House.

In his capacity as Harrisville’s lawyer, should Sinapi have been advocating for Invenergy’s proposal to the water board? Sinapi says that there is no conflict of interest. I spoke to Sinapi by phone. He maintains that in his capacity speaking for the Mechanical Contractors Association at the State House, he was working to “defeat a bad bill that would be bad for business, not to support or oppose the power plant.”

In his capacity as attorney for Harrisville, Sinapi says his job is to protect the Harrisville water supply and the financial integrity of the water board. If “Invenergy brings water into town, through a pipeline,” said Sinapi, “it could render the Harrisville supply redundant. We provide half the water to Pascoag.”

While he had me on the phone, Sinapi wanted to correct me on two points. I listed the Harrisville Water Board vote against Invenergy’s proposal as 5-1 (and the ProJo reported it as 6-1) but Sinapi claims the vote was 5-2 in favor of turning Invenergy’s offer down.

Sinapi’s other objection to my piece was my contention that a lawyer for the Harrisville Water Board “should have known” more about MTBE than his testimony at the State House seemed to indicate. According to Sinapi, water containing up to 40 parts per million MTBE is acceptable for drinking. In Connecticut, up to 70 parts per million is acceptable. Though MTBE is dangerous, said Sinapi, “it’s not like Benzene or something.”

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Invenergy power plant facing water problems http://www.rifuture.org/invenergy-water-problems/ http://www.rifuture.org/invenergy-water-problems/#comments Tue, 09 Aug 2016 01:06:15 +0000 http://www.rifuture.org/?p=66912 2016-07-19 Burrillville MTBE Site Visit 009Invenergy’s proposed $700 million fracked gas and diesel oil burning power plant in Burrillville is running into some water problems. The Pascoag Utility District, at a special meeting called by board chair Al Palmisciano for August 19, will decide for or against allowing Invenergy to access well 3A, which is closed by court order due to MTBE contamination.

A decision in Invenergy’s favor is by no means certain. In fact, Invenergy already seems to be searching for other options. On August 9 the Harrisville Fire District is taking up Invenergy’s, “inquiry as to whether and under what conditions Harrisville would be willing to consider developing and constructing a well and distribution means to supply water to the power plant at Invenergy’s expense.” Invenergy is also asking Harrisville to “authorize such additional pump and water testing and legal research as is necessary to determine the yield, viability and estimated cost of developing a well on the Victory Highway site and constructing an appropriate means of distribution at Invenergy’s expense.”

The Harrisville meeting is taking place at a time that overlaps with the RI Department of Health (RIDOH)’s public commentary hearing at the Burrillville High School, part of the Energy Facilities Siting Board (EFSB)’s process of determining the fate of the power plant. This will have the effect of dividing the potential audience, but over the last few weeks water has become a very big issue in northern Rhode Island because the area is experiencing a severe drought, with rainfall five inches below average.

Aquifers and wells are feeling the effect of the lack of rainfall. Invenergy plans to use an average of 100,000 gallons of water a day to cool their plant, and almost a million gallons a day when burning oil. This is in addition to the 4 million gallons of water used to cool Burillville’s existing power plant, Ocean State Power. This strain on the area’s water supply may be lead to even more severe water shortages in the area. At the very least, it will forestall the possibility of future growth in the area.

Even if both Harrisville and Pascoag deny Invenergy their water, it doesn’t necessarily put an end to the company’s plans. Water could be imported from over state lines, and of course there is always the option used by Ocean State Power. According to a video by Paul Roselli of the Burrillville Land Trust and Burrillville resident Norman Derjarlais, the company seems to be trucking in the water from Western Sand & Gravel, a nearby superfund site, in leaking trucks. From 1975-1979 about 12 acres of this area was used for the disposal of liquid waste, including chemicals and septic waste.

You can watch the video below.

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Visiting Burrillville’s MTBE contamination site http://www.rifuture.org/burrillville-mtbe-site/ http://www.rifuture.org/burrillville-mtbe-site/#comments Tue, 19 Jul 2016 18:09:50 +0000 http://www.rifuture.org/?p=66143 2016-07-19 Burrillville MTBE Site Visit 013
Thomas Sylvester

During the three day march from Providence to Burrillville, ahead of Governor Raimondo’s meeting with residents, the people protesting Invenergy‘s planned $700 million fracked gas and diesel oil burning power plant made one small detour to the site of the 2001 MTBE disaster that affected and even destroyed so many lives in Pascoag. On the site of a long dead ExxonMobil Gas Station, overgrown with weeds and bushes, where only rubble and dirt remain, the marchers gathered to refresh themselves and listen to the stories of an environmental disaster.

Pascoag resident Thomas Sylvester laid out the scene for everyone. The gas station is on a hill. The contaminated water wells are about a quarter mile down the road. “Under where we are standing there is shell ledge and bedrock that is permeated with gasoline,” said Sylvester, “we speak about MTBE but really what we’re talking about is a gas spill.”

The wells that were contaminated were new. It took only months to reveal that they were contaminated. “What this means is that this gas station was leaking for a long time before those wells ever went in,” said Sylvester, “MTBE is a tracer, it’s the first contaminant to come out.” This means that the rest of the gasoline, and all the “really nasty stuff” that makes it up, is right behind the MTBE. In truth, the MTBE is only a small part of the problem, and a sign of bigger problems ahead.

Opening the well down the hill won’t remediate the area, says Sylvester. If someone were truly interested in remediating the water, the would put a well “almost where we are standing.” Using the well down the hill will only draw more contaminants down the hill, the “really nasty stuff” that right now is contained beneath the long dead Mobil station. The plan currently under consideration by Invenergy will draw more contaminants into the aquifer says Sylvester. Residents with their own wells might find their water becoming contaminated years from now.

There were a thousand homes and 4000 residents affected by the MTBE contamination. It took years for the state to be involved. People hired their own water safety experts, hired their own lawyers. There was no Energy Facilities Siting Board to hear their worries.

Sylvester first noticed the contamination when his wife was nursing their son, and the baby’s face became red and irritated where it came in contact with his wife’s skin. She had recently taken a shower, and the MTBE was hurting her baby. The sweet smell of the contamination filled the house. Sylvester began putting saran wrap over the toilets. He used bottled water in his house’s steam heating to minimize exposure to the well water. He and his family bathed and did laundry at their relative’s homes. They went without water, except for toilets, for 248 days.

Terri Lacey told the story of her niece and nephew, who “lived right around the corner.” They had a little girl at the time. Lacey’s niece developed thyroid cancer and her nephew developed Hodgkin’s lymphoma. Her nephew was given last rites four times before a treatment finally sent his cancer into remission.

“I remember being in the shower and feeling something, I couldn’t even describe it. The water didn’t feel right on my skin and there was a smell….”

Invenergy “is not remediating [the well] for us, they’re opening a monster for us.”

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Where the Mobil station stood

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FANG Collective begins their long march to Burrillville ahead of Governor’s visit http://www.rifuture.org/fang-march-burrillville/ http://www.rifuture.org/fang-march-burrillville/#comments Sat, 16 Jul 2016 15:10:48 +0000 http://www.rifuture.org/?p=66021 2016-07-16 PVD to Burrillville 020The FANG Collective began their three day march to Burrillville Saturday morning, leaving from the State House in Providence just before 10am. The march is a protest against the Invenergy‘s planned $700 million fracked gas and diesel oil burning power plant, currently supported by Governor Gina Raimondo and opposed by the vast majority of Burrillville residents. The march also serves as a greeting of sorts to the Governor, as Raimondo is scheduled to meet with Burrillvillians and hear their concerns at the Burrillville High School on Monday night at 6pm.

Ahead of the march members of the FANG Collective and others distributed signs, spoke to reporters and provided instructions to participants about staying healthy during the long march, as temperatures were expected to be in the 90’s throughout the weekend. The importance of sunscreen, staying hydrated and being aware of any physical problems was stressed.

The marchers hope to cover about six to eight miles a day. They expect to arrive at the Greenville Public Library by 1pm. On Sunday, they will begin their march at 3pm at the Greenville Public Library to Village Bean Cafe and hope to arrive in Gloceter RI by 7pm.

The final leg of their trip, on Monday, begins at 12:30pm at the Village Bean Cafe and then to 24 North Main Street in Pascoag, the site of the MTBE spill that poisoned the water supply in Burrillville 15 years ago. It is this well water that Invenergy hopes to use to cool their power plant, under the promise that the water will be purified. After a short ceremony at the site of the MTBE spill, the marchers will continue to the Burrillville High School, in time to greet the governor.

The march is expected to grow by the day, with people participating as their schedule and ability allows. On Monday, many more Burrillville residents will be joining the march.

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Protesters march from PVD to Burrillville ahead of Governor’s visit http://www.rifuture.org/protest-march-pvd-burrillville/ http://www.rifuture.org/protest-march-pvd-burrillville/#respond Mon, 11 Jul 2016 16:21:03 +0000 http://www.rifuture.org/?p=65747 2016-04-19 Power Plant State House 011From July 16th to 18th local activists and residents will be marching from the Statehouse to the Burrillville High School to protest the 1000 MW fossil fuel power plant proposed for the town. The three day, 23 mile march, will coincide with Governor Gina Raimondo’s July 18th open meeting in Burrillville where she will discuss Invenergy’s proposed power plant with residents. Hundreds of people are expected to attend the meeting which begins at 6pm.

Temperatures are expected to reach into the 90’s through the weekend, but the marchers are undeterred. “We want the Governor to know that people from across the State support the residents of Burrillville and their fight against Invenergy’s toxic power plant. This is the Governor’s climate and environmental legacy moment, and the whole State is watching.”  Sherrie Anne Andre, of The FANG Collective, the group organizing the march.

The march will head west on Route 44 and then head north on Route 100. The march will make a stop at the site of a chemical spill in Pascoag before continuing on to the Burrillville High School in time for the event with the Governor.

In 2001, a spill at a gas station in Pascoag led to MTBE, a now banned gasoline additive, contaminating one of Burrillville’s main water supplies. The contaminated water wells were capped by a Superior Court order after MTBE levels in local drinking water soared above the federal legal limit. Invenergy, the Chicago based company who has proposed the power plant, plans to uncap the MTBE wells and use up to 900,000 gallons of the water a day at the plant, drawing the ire of local residents.

“There are many health and environmental concerns with the proposed power plant. But the fact that Invenergy wants to use the MTBE water at the plant, and the lack of any thorough study on the potential impacts of this, is shocking and deeply concerning”. Kathy Martley of Burrillville Against Spectra Expansion (BASE), who lives a quarter mile from the site of the proposed plant.

Opposition has been steadily growing to the proposed power plant with hundreds of residents attending recent public hearings on the project. Last month, legislation that would have given Burrillville residents the ability to vote on any tax agreement reached between Invenergy and the town council stalled in the Senate Judiciary Committee. The Governor agreed to meet with Burrillville residents after months of protests and actions led by FANG and BASE.

“We are excited that the Governor has agreed to come to Burrillville and meet with those that would be most impacted by Invenergy’s power plant. But beyond just listening to the concerns of residents, we need the Governor to use the visit to revoke her support of the toxic Invenergy project once and for all,” said Nick Katkevich, of Providence, RI from the FANG Collective.

You can join the Facebook event here.

Here’s the schedule for the March:

July 16th: 9am-1pm – RI State House to Greenville Public Library

July 17th: 3-7pm – Greenville Public Library to Village Bean Cafe in Gloucester RI

July 18th: Noon – 430pm – Village Bean Cafe to Burrillville High School
– Noon-230pm Village Bean Cafe to 24 North Main Street in Pascoag (site of the MTBE spill)
– 230-3pm Ceremony at the site of the MTBE spill
– 3-430pm March from 24 North Main Street to the Burrillville High School

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Burrillville Town Council reaches boiling point over power plant http://www.rifuture.org/btc-reaches-boiling-point/ http://www.rifuture.org/btc-reaches-boiling-point/#comments Thu, 23 Jun 2016 23:28:20 +0000 http://www.rifuture.org/?p=64949 2016-06-23 Burrillville Town Council 004
Donald Fox

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

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

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

Kimberly Brissette Brown
Kimberly Brissette Brown

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

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

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

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

Fox retorted that Craig was “out of order”.

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Donald Fox and Barry Craig

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

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Nancy Binns

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

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

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

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

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

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

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

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

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

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

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

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Experts testify on how power plant will impact Burrillville http://www.rifuture.org/burrillvile-planning-board-1/ http://www.rifuture.org/burrillvile-planning-board-1/#comments Wed, 22 Jun 2016 10:22:47 +0000 http://www.rifuture.org/?p=64887 Setting up my camera at Monday night’s Burrillville Planning Board meeting, I saw one of the town’s two lawyers, Michael McElroy, turn suddenly from his place on stage and wave enthusiastically and with a smile at some friends who had just arrived. Turning, I noticed that the arriving friends were the lawyers and expert witnesses from Invenergy. The small cadre of Invenergy lawyers waved back collegially and I thought, “Who represents the people of Burrillville here?”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

To be continued…

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Raimondo non-committal on Keable/Fogarty bill veto http://www.rifuture.org/raimondo-keable-fogarty-veto/ http://www.rifuture.org/raimondo-keable-fogarty-veto/#respond Fri, 10 Jun 2016 13:10:53 +0000 http://www.rifuture.org/?p=64261 2016-06-09 FANG BASE RaimdoonOn Thursday evening members of BASE (Burrillville Against Spectra Expansion) and The FANG Collective spoke with Governor Gina Raimondo outside of a community event in Providence.

During the exchange the Governor was given information on the impacts of MTBE contaminated water and she pledged that on Friday she will officially announce the date of her community meeting in Burrillville.

The Governor first agreed to come to Burrillville to meet with residents during an event on May 9th and her staff has since suggested that the community meeting will be during the first week of July. We look forward to confirming this date with the Governor tomorrow.

Unfortunately Governor Raimondo was noncommittal on the Keable/Fogarty bill and said that she will make a final decision on it once it reaches her desk.

Let’s make sure that the Bill gets to her desk.

Please email Senate President Teresa Paiva Weed (sen-paivaweed@rilegislature.gov) and Senate Judiciary Chairman Michael J. McCaffrey (sen-mccaffrey@rilegislature.gov) and urge them to move S3037 to a full vote on the Senate floor.

And let’s keep the phone calls and emails coming to Governor Raimondo urging her support the Keable/Fogarty bill: (401) 222-2080, governor@governor.ri.gov.

[The above was written from a press release. The video was released by the FANG Collective]

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On Burrillville power plant, Janet Coit shows concern for the environment and/or future lawsuits http://www.rifuture.org/efsb-open-meeting/ http://www.rifuture.org/efsb-open-meeting/#respond Mon, 06 Jun 2016 10:46:45 +0000 http://www.rifuture.org/?p=64033 DSC_3258The June 2 open meeting of the Energy Facilities Siting Board (EFSB) was a rare opportunity to hear board members Margaret Curran, Janet Coit and Parag Agrawal talk openly about their thoughts regarding the process of the board in approving or denying Invenergy‘s proposed fracked gas and diesel oil burning power plant in Burrillville. That said, it’s also a bad idea to draw too many inferences about board members thoughts based on their words.

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

Janet Coit
Janet Coit

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

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

Meg Curran
Margaret Curran

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

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

Parag Agrawal
Parag Agrawal

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

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

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

John Niland
John Niland

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Invenergy’s Niland pitches power plant at country club http://www.rifuture.org/invenergy-pitches-country-club/ http://www.rifuture.org/invenergy-pitches-country-club/#comments Thu, 26 May 2016 17:46:28 +0000 http://www.rifuture.org/?p=63680 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.

DSC_1703
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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