National Grid is requesting that the Rhode Island Public Utilities Commission (RIPUC) approve a 20-year gas capacity contract” with Algonquin Gas Transmission Company LLC (Algonquin) for natural gas transportation capacity and storage services on Algonquin’s Access Northeast Project (ANE Project).”

The multinational energy conglomerate not only wants Rhode Island ratepayers to subsidize the construction of fracked gas infrastructure, they want consumers to ensure that the project is profitable for the company.

Part of National Grid’s 572 page application includes “a Capacity Cost Recovery Provision tariff, which allows the Company to recover all incremental costs associated with the ANE Agreement, as well as the Company’s proposed financial incentive.” Understand that when National Grid says “financial incentives” they are talking about company profits.

The logic that National Grid is using to claim the right to tariffs is that the RIPUC has allowed such charges when it comes to “long-term renewable electricity for retail customers from wholesale power providers.” [emphasis added] In other words, because the government has taken an interest in expanding renewable energy sources like wind and solar, and allowed tariffs to support these efforts, National Grid argues that it should be allowed similar considerations for fossil fuels such as fracked gas.

National Grid owns a 20 percent stake in the ANE Project, so Rhode Islanders will be ensuring that the company generates a profit as they buy fracked gas from themselves if the RIPUC approves this request.

A similar tariff stalled in the Massachusetts legislature, where the state Senate unanimously rejected the idea but the session ended before a House vote. The Massachusetts Supreme Court is deciding on the validity of the tariff, since the Massachusetts PUC approved the idea.

National Grid also asked that their request be approved “as expeditiously as possible,” meaning that they want the decision fast tracked. As a result, the public comment meeting held last night at the RIPUC offices in Warwick was the first and last opportunity for public comment, unless RIPUC commissioners Margaret Curran and Herbert DeSimone III decide to hold another public comment meeting. (The third member of the RIPUC board, Marion Gold, has recused herself.) Written comment can be sent to thomas.kogut@dpuc.ri.gov. Mention that you are commenting on Docket No. 4627.

The first speaker of the night, Doug Gablinske of The Energy Council of New England (TEC-RI), was also the only speaker in favor of the idea. Gablinske called the project “a novel approach” and said that “it’s good for ratepayers, for employees, for employers and for business.”

From there, things went downhill pretty quickly.

Calling the tariff an “unprecedented charge” Priscilla De La Cruz of the People’s Power and Light called on the RIPUC to reject National Grid’s request. “Why should consumers take on the risk of a new, unnecessary gas pipeline?” De La Cruz maintained that the entire idea conflicts with the goals of the 2014 Resilient Rhode Island Act. (You can read De La Cruz’s full testimony here.)

Lynn Clark came down from Burrillville, wearing her “No New Power Plant” tee shirt to argue against the proposal. She said that allowing National Grid to pass the costs of their LNG project onto consumers adds “insult to injury” to everyone living in her part of the state.

Other states did comprehensive studies before considering pipeline tariffs, said Nick Katkevich of the FANG Collective, who has been fighting pipeline projects in and around Rhode Island for three years. Massachusetts and Maine have both produced studies that concluded that pipeline tariffs are a bad idea, said Katkevich. “It’s shameful that National Grid wants to have guaranteed profits as part of this,” said Katkevich. “They don’t care about people. They don’t care about people’s utility rates… if they did they wouldn’t put guaranteed profits in there.”

“No one wants these pipelines,” said Katkevich, “across the region people are resisting the first of the three Spectra expansions… There have been 240 people arrested as part of direct action in New York, Connecticut, Rhode Island and Massachusetts.”

If you have an opinion on this project, you can send it to Luly.massaro@puc.ri.gov. Mention that you are commenting on Docket No. 4627.

Below find all the testimony from the hearing.

The Providence City Hall Council Chamber was packed over capacity. The crowd was so raucous and loud it was hard to hear the speakers on their microphones.

“I Sabina Matos, would like to pass the Community Safety Act.”

“Seconded.”

Voice after voice pledged their support for the Community Safety Act.

“I, Seth Yurdin, would like to pass the Community Safety Act.”

“I, Sam Zurier, would like to pass the Community Safety Act.”

The Community Safety Act (CSA) passed unanimously. Not a single voice spoke against it. The City Council Chamber erupted in cheers and applause.

It was a brilliant moment.

But the Providence City Council never actually voted. Minutes before the City Council was to begin their meeting, their last meeting before taking a break for vacation, hundreds of protesters in support of Black Lives Matter had crossed the street from Kennedy Plaza and entered the chamber en masse. They took the seats of city councillors and acted out what passing the CSA might look like.

The CSA never passed. It has only recently been scheduled for consideration, when the City Council comes back in September.

As the crowd filed out of the chamber, Nick Katkevich of the FANG Collective asked a just arriving City Councillor Seth Yurdin if he would really support the CSA when the time came.

“I don’t support the CSA,” said Yurdin.

Neither does Providence Mayor Jorge Elorza or Public Safety Commissioner Steven Paré.

Fifteen minutes earlier crowds gathered at Kennedy Plaza, across the street from City Hall. The Movement for Black Lives had called a nationwide, July 21 Collective Action for Freedom, in response to the recent slew of high profile police killings. In Providence, the action was organized by the Step Up Coalition to Pass the Community Safety Act and the White Noise Collective RI around the idea of supporting the CSA.

The proposed Providence ordinance has 12 key points pertaining to police interactions with community members, including providing interpretation, documenting traffic stops in a standardized manner, and limiting police collaboration with other law enforcement agencies such as ICE. The CSA would also re­establish the Providence External Review Authority (PERA) with the power to recommend that Public Safety and Police Department budgets be reapportioned to youth recreation and job training programs.

“We don’t want to compromise on the safety of our community. When you have women dying in jail because they didn’t use a turn signal or youth being shot in cold blood for having toy guns in an open carry state, we can’t compromise,” said Community Safety Act Campaign Coordinator, Vanessa Flores­-Maldonado. “We need police accountability now because no one feels safe in our community.”

The campaign recently scored a win when organizers secured a public hearing for the CSA at the beginning of September. The “mock hearing” was organized to put additional pressure on the City Council to pass the CSA.

At the mock hearing, Flores -Maldonado spoke directly to the city council members present, including Council President Luis Aponte, saying that the city council should listen to what the people had to say.

The protest left city hall and marched up Washington St towards the Providence Public Safety Complex, where people gave a series of speeches in support of the CSA, hiring more teachers of color, community defense, and abolishing the police. Here the speeches were in turn thoughtful and emotional. I would recommend them to those seeking a better understanding of these issues.

After leaving the public safety complex the march continued on to Cathedral Square, where there was some last words before the march disbanded.

The people rose and told them their stories, many of which those who have attended meeting after meeting in Burrillville had heard before. But Governor Raimondo was hearing them, in person, for the first time. She told the six hundred people gathered at the Burrillville High School that though she understood the problems with the MTBE in the water,  that to hear the stories first hand was very powerful.

She heard them, she said.

Time and again Governor Raimondo assured the people that the power plant was “not a done deal.” For the first time the governor publicly walked back her support for the plant, saying that it was important that she maintain neutrality during the process of approving the plant. She told the people that there was a process, that the Energy Facilities Siting Board (EFSB) was holding a series of hearings and meetings. She urged the people to get involved and let their opinions be known.

Here, I think, Governor Raimondo stumbled. The people of Burrillville could not be more involved in this process. Her visit to Burrillville is a testament to their involvement. The visit is the result of months of work by Kathy Martley of BASE (Burrillville Against Spectra Expansion) and Nick Katkevich of the FANG Collective. If anything, the people of Burrillville understand “the process” better than the governor ever will. They attend the meetings of the EFSB, the Burrillville Town Council, the sewer board, the DEM, the DOH and countless others. There are many people in in Burrillville who dedicate every moment of free time, the entirety of their non-working lives, to this power plant.

This is what Invenergy has already stolen from the people of Burrillville: Every free moment of their lives.

Governor Raimondo urged the people to ”trust the process” but if the people don’t trust the process, it’s not out of some perverse anti-authoritarian impulse, it’s out of first hand experience with the very process she’s telling them to trust in. The people understand the process intimately, and they know that the process favors Invenergy, not the people.

Governor Raimondo was not asked to come to Burrillville as an advocate for “the process” she was asked to come to Burrillville to become an advocate for the people.

Additional thoughts:

As people were let into the Burrillville High School, after waiting outside in the parking lot in the ninety degree heat for hours, security informed them that no more than one person would be allowed in the restrooms at a time. Each restroom accommodates at least seven people. I asked the man in charge of security why this was the case. He told me “Security reasons.” I asked how two people in a men’s room might threaten security in a way that one person couldn’t. He became angry and said, “I’m not going to debate you, I already answered your question.”

The event was moderated by retired newscaster Dave Layman, who volunteered for the mission. Layman set the rules for the meeting, but did so in a way that was infantilizing. This wasn’t a high school full of children, this was a high school full of engaged residents who were very familiar with the ways in which public meetings work. This was a high school auditorium full of people who understand how to behave at a public forum, yet Layman decided to devote no small amount of time to explaining the importance of a Norman Rockwell painting about civil civic engagement. It was elitist and condescending and a poor way to set the tone.

But, despite these caveats, once the meeting got under way, it seemed to go well. The people of Burrillville stood tall, hit hard and did not back away from calling the governor to account. She stayed through the end and beyond, coming off the stage after the meeting and greeted the people one on one.

The people of Burrillville have been treated as afterthoughts in this process, then as agitators and then as children. But by the end of the night Governor Gina Raimondo was forced to see them as people, and recognize their full humanity.

Here’s the full video:

Senator Paul Fogarty

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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

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

“What happened in there?” I asked.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

They say they will continue the fight.

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

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

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

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

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

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

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

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

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

[From a press release]

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

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

You can watch some of it in the video below.

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

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

You can watch the first part of the rally below:

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

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

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

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

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

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

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

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

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

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

[From a press release]

Problem is, Wood is wrong.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

It gets worse.

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

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

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

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

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

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

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

You can watch the entire Town Council meeting here: