Burrillville residents speak at Woonsocket City Council meeting to prevent water sale to Invenergy


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20161003_202049
Mike Marcello

During a Woonsocket City Council meeting Monday evening it was revealed that the City of Woonsocket is in some kind of negotiations with Invenergy regarding its proposed $700 million fracked gas and diesel oil burning power plant. When the question was brought up, City Solicitor Michael Marcello answered only that the city council had been briefed in closed session and would not directly answer the question. As to the question of a power plant being built in the city, Marcello gave a direct answer: No.

City Councillor Daniel Gendron put an item on the city council’s agenda because of the number of calls he had received based on the rumors that such a deal was in the works. He also said that he prepared his question carefully, “so that I could read the question and give the administration [of Mayor Lisa Baldelli-Hunt] the opportunity to answer that question definitively. So what I would like to ask, and I’m asking this of the administration and of my fellow councilors, but specifically the administration. I was hoping the Mayor would be here to respond but, in her absence, somebody in the administration could answer.”

20161003_190512Gendron asked two questions. The first concerned rumors that Invenergy was in negotiations to locate the power plant in Woonsocket, as an alternative to locating the plant in Burrillville, where there has been fierce local and statewide opposition. The second concerned the possible sale of water to Invenergy, for the plant planned for Burrillville.

“My question is a simple question,” said Gendron, “Has the administration had any discussion or communication with Invenergy or anyone else with respect to either siting a power plant in the city or about acquiring water from the city to be used in connection with a power plant?”

Council President Robert Moreau suggested City Solicitor Michael Marcello answer the question. Gendron repeated once more that he was going to address it to the mayor, but would be satisfied with an answer from Marcello.

“Councilor,” answered Marcello, “as you know you are a member of the council and you were briefed by the administration in closed session.” The closed session Marcello refered to took place at 5:30pm, shortly before the 7pm city council meeting. “The reason that we have a closed session,” said Marcello, “is to keep communication closed until such time as the law requires us to disclose it. I will say that emphatically, that there have been no discussions with the administration, that we’re aware of, that I’m aware of, to relocate the power plant within the City of Woonsocket.

14469712_635752809921345_4452620182119671471_n“But with regard to your second question,” said Marcello, “you received a briefing in closed session, and that’s where that information must lay right now. In closed session.”

To the residents of Burrillville who had filled the city council chambers, this was confirmation of weeks of rumors.

“At the direction of our council I will not taint the sanctity, if you will, of the executive session meeting and I will not pursue this any further at your direction Mr. Marcello,” said Gendron.

“In summary,” said Council President Moreau, “that was pretty much what you’re going to hear about it tonight from this council because we had an executive session and the City Solicitor explained that we need to abide by that forum.”

20161003_202439“I put this item on the agenda tonight,” said Gendron, “for discussion purposes… that is what precipitated the executive session that took place prior to this meeting.” The item was “an effort to bring out the truth,” said Gendron. “I think that we needed to start this talk, we needed to squelch some of the rumors.” The solicitor denied completely that there was a power plant coming to Woonsocket, said Gendron. Before today, “none of [the city council] knew what was going on, and that was the benefit of the executive session.”

To the dozens of Burrillville residents and anti-fossil fuel activists from around the state, the city council meeting confirmed the existence of the “third option” ominously hinted at by Attorney Richard Sinapi at a meeting of the Harrisville Fire District and Water Board back in August. At that time Harrisville voted not to sell water to Invenergy, and it was known at that time that Pascoag was also going to vote against selling the power plant water.

Rumors had been swirling for weeks that Woonsocket was in negotiations with Invenergy regarding water. RI Future had put in an Access to Public Records Act request with the city on September 23rd regarding this issue. BASE (Burrillville Against Spectra Expansion), took to Facebook to ask people to call the office of Mayor Lisa Baldelli-Hunt “and urge her to stop negotiating a water deal with Invenergy.”

The time frame on any potential deal between Invenergy and Woonsocket is difficult to determine. Yesterday Invenergy was given ten days to prepare for a “show cause” hearing with the Energy Facilities Siting Board (EFSB). EFSB board member Janet Coit, who noted that Invenergy lacks a water plan said that, “from the perspective of the board, we have a big gap.” As part of the show cause hearing, Invenergy will have to submit their new water plan. Though Councillor Roger Jalette, (who is running for Mayor of Woonsocket) said that Invenergy might be making their case before a new city council after the elections in four weeks, Invenergy might not have that much time to wait until after an election.

There was also the hint that this issue may have implications for Woonsocket’s mayoral race between Jalette and Baldelli-Hunt, as Jalette said he is sympathetic to Burrillville’s cause.

During the public commentary period, the Woonsocket City Council was given a taste of what the Burrillville Town Council has been experiencing for nearly a year, that is, speaker after speaker objecting to new fossil fuel infrastructure being built in our state at a time when climate change threatens us all. “We don’t want it in our backyard,” said Ray Trinque of Burrillville, “and we don’t want it in your backyard and we don’t want it in anyone’s backyard…”

Burrillville resident Denise Potvin was born in Woonsocket and has family there still. Potvin said that Alan Shoer of Adler Pollock & Sheehan, one of Invenergy’s attorneys, “conveniently happens to be an attorney for the City of Woonsocket’s water department.” She mentioned that attorney Richard Sinapi is an attorney for Harrisville and large labor union with an interest in seeing the power plant built. “A lot happens behind the curtain,” said Potvin. She ended by suggesting the council educate itself by reading articles like this one on RI Future.

City Council Vice President Albert Brien interrupted public testimony and explained that right now, there was no proposal before the council.

Councillor Roger Jalette is leaving the city council as he runs against Lisa Baldelli-Hunt for Mayor of Woonsocket. “I want you to know that I am very very sensitive to your plight,” said Jalette. Jalette warned that there will be a new city council in four weeks, after the election, as neither he nor Council President Moreau will be on the council.

Burillville resident Jeremy Bailey pointed out that City Solicitor Michael Marcello is also a Ste Representative. Rep Marcello voted against a bill in May that would have allowed Burrillville residents to vote on any proposed tax treaty the town made with Invenergy. Rep Marcello was one of two representatives to attend the Northern Rhode Island Chamber of Commerce’s Eggs & Issues Breakfast Thursday morning where Invenergy‘s director of development John Niland was the guest speaker.

Invenergy power plant application faces suspension


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20161003_140439
EFSB

The Energy Facilities Siting Board (EFSB) today decided to issue an executive order demanding that Invenergy show cause as to why the docket for their proposed $700M fracked gas and diesel oil burning power plant shouldn’t be suspended until such a time as the company can produce a reasonable plan for where the company intends to get the water needed to cool the plant. The show cause hearing has been scheduled for October 13.

The suggestion for the show cause motion came from EFSB board member Janet Coit, who noted the lack of a water plan and said that “from the perspective of the board, we have a big gap.” All meetings past the October 10 date have been canceled, and may or may not be re-scheduled depending on the outcome of the show cause hearing.

20161003_140509The meeting of the EFSB in Warwick also dealt with a short list of procedural motions. The Harrisville Fire District had entered a late motion to intervene, but were denied without prejudice. This motion gave attorney Richard Sinapi the opportunity to rise and speak to the board in favor of Harrisville, only to be told, for the second time, that there was no input allowed from attorneys or the public at this open meeting.

Two motions by Invenergy, to hold confidential some evidence from previous hearings, including the testimony of Ryan Hardy and Invenergy’s responses to the Office of Energy Resources second set of data requests, were approved.

The decision as to whether to change venues for the final hearings on the project was put on hold. Anticipating great public interest in the hearings, and noting that the hearing room at the Public Utilities Commission where the EFSB meets is small, the Town of Burrillville asked for a change to a larger venue.

Instead, the EFSB is exploring options to televise the proceedings on both cable access and the web. The EFSB’s Todd Bianco told me after the meeting that some effort will be made to archive the videos so that people could watch them if their schedules prevent them from watching live.

Board member Parag Agrawal said that “fairness and transparency” were the most important considerations, so broadcasting the hearings was important.

Invenergy has sold energy into a forward capacity market. Not building the plant or completing construction late could cost the company millions. The company initially asked that the application be fast tracked. Today’s decision by the EFSB essentially amounts to another extension, and ultimately could result in a suspension or even dismissal of the docket if no credible water supply can be found.

EFSB Public Hearing in Warwick a time for reflection on the process


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20160921_180702The Energy Facilities Siting Board (EFSB) public hearing in Warwick Wednesday evening, coming near the end of the process to decide the fate of Invenergy‘s proposed $700 million fracked gas and diesel oil burning power plant, was filled with almost philosophical reflection, with many speakers, who have sat through dozens of EFSB, town council, zoning and department meetings and honed their public speaking skills, commenting with a battle weary determination and steely resolve.

Perhaps no one summed up the emotional toll of the process better than Kerri Fagan, who reminded the board of the promises made regarding the fairness of the process by elected officials such as Governor Gina Raimondo and Senator Sheldon Whitehouse as well as by the board members themselves, then launched into a long list of irregularities and seeming violations of the process that tend to favor Invenergy and disfavor the towns people.

Six of the twelve advisory opinions, said Fagan, maintain that, “Invenergy did not provide enough information before the deadline for them to submit an appropriate advisory opinion.”

Fagan explained that the process allows for the RI Public Utilities Commission advisory opinion, “to be completed by a single person, [Herbert DeSimone Jr]” after one of the other members recused themselves because they “previously expressed support for the project.” The process of having one person make that decision was questioned, said Fagan, but was ruled appropriate by the single board member, DeSimone Jr.

“The process allows Invenergy representatives to falsely testify at open meetings,” said Fagan. “Did the process require them to acknowledge their misinformation? No. There are probably people who still believe they will receive great rate savings,” if the power plant is built. Fagan says the process also allowed Invenergy to falsely advertise meeting locations and times.

The process, said Fagan, requires that the Burrillville Town Council remain neutral throughout the process, yet Governor Raimondo and Senator Whitehouse can express their support for the project.

The process allows attorney Richard Sinapi to represent the Harrisville Water Board, but also lobby against Burrillville Representative Cale Keable‘s EFSB bill on behalf of labor unions, while also allowing his law firm to write a position opposing the Town of Burrillville’s Motion to Dismiss. “The question of conflict of interest was raised, but [Sinapi] continues to represent parties on both sides of this proposal.”

The process allows the Governor and labor unions to advocate for the process based on the jobs it will create, but the EFSB is not charged with creating jobs, but with determining energy needs and judging environmental impacts. “I don’t believe the EFSB has a responsibility to create jobs,” said Fagan,” and I don’t believe it is an appropriate outcome to consider in this setting. Yet the process has allowed this to be a major rallying cry for those that support the process.”

“It is very hard for the residents to respect the process,” said Fagan, “as it seems to be flawed in all areas. The EFSB board works for the Governor. The Governor supports the project. Companies such as Goldman Sachs and General Electric appear to be partners in both this proposed project as well as working with the Governor on statewide initiatives.

“Why has there not been a comprehensive environmental impact statement completed?”

“We can only hope that [the EFSB] will truly listen and read through why this is the wrong project and in the wrong location,” said Fagan, wrapping up, “We hope that you have the strength to fight the state wide politics and make a decision on the merits of the project and truly consider the negative, long lasting detrimental impacts  that this project will bring to the Town of Burrillville.”

Other speakers that leaped out at me include Paul Roselli of the Burrillville Land Trust, who praised the RI Department of Enviornmental Management‘s advisory opinion.

Cranston native Rhoda Northup said that this was “not just a Burrillville issue, but a statewide issue. It’s also a Connecticut and Massachusetts issue. “Do we go thirsty and the power plant gets the water?” asked Northup.

Suzanne Dumas

Sally Mendzela spoke about the reality of climate change, and how plants like the one proposed by Invenergy will doom our planet.

Lynn Clark

Mary Gauvin

Smart energy conservation could easily absorb the 10,000 megawatts going offline, the power plant is not needed said Vito Buonomano.

Lisa Petrie explained her concerns as a mother, and explained why she chose to be arrested outside Governor Raimondo’s office.

Donna Woods told the EFSB members, “You do know better” than to approve this plant.

Denise Potvin

This public comment meeting was scheduled for after the last of a dozen advisory opinions were filed with the EFSB. Many who spoke at the hearing pointed out that at least six of the advisory opinions are incomplete, because Invenergy could not supply required information.

The testimony and hearing was also colored by the fact that the Burrillville Town Council will be voting tonight on whether or not to oppose the power plant in a meeting at the Burrillville High School Thursday night, and will be voting on whether to approve or reject a proposed tax treaty between the town and Invenergy on Monday evening. The groups in opposition to the power plant from Burrillville do not want the town council to approve the tax treaty, which may characterized as selling the town for a measly $92 million.

There will be one more public comment meeting, originally to be held on October 3 but not postponed, date to be determined due to Invenergy’s request for a thirty day extension as they work to secure a water source for their plant. In the meantime, the EFSB board will hold a meeting to decide on two motions to dismiss Invenergy’s application, one from the Town of Burrillville and the other from the Conservation Law Foundation (CLF) based on Invenergy’s incomplete application and failure to provide adequate or timely information when requested.

Here is the video of all the speakers:

Richard Dionne said that Invenergy should be required to submit all requested information.

Doug Geblinske of TEC-RI spoke in favor of the power plant.

Eugenia Marks, noted environmentalist former head of the RI Audubon Society, spoke against the plant.

David Brunetti questioned Invenergy’s “cicular logic” in determining that Burrillville was the location for this plant.

Kathryn Scaramella questioned the “small but meaningful savings” ratepayers will receive if the plant is built. She pointed out that the extension Invenergy requested was a violation of terms EFSB Chair Meg Curran set out in May, when she said “all deadlines are set in law.”

Mary Jane Bailey said the location chosen for the power plant was rejected when the Ocean State Power Plant was built in the 1980’s. “If it wasn’t right in the ’80s it’s not right now,” said Bailey.

Ben Weilerstein, of the Toxic Action Center said that the same kind of action taking place in Burrillville is what helped defeat the pipeline project in Massachusetts.

Meg Kerr, senior policy director for the RI Audubon Society spoke against the plant.

John McMullen, business agent for the Plumbers and Pipefitters union spoke in favor of the plant, saying there was a need for the energy and the jobs. He said that RI Building Trades supported Deepwater Wind and that a life of temporary jobs allowed him to raise his daughters and send them to college.

Irene Watson noted that her community’s public speaking skills have improved because of the countless meetings they’ve been to.

Kenneth Putnam Jr spoke from the heart. He’s 76 and 1 day old.

Betty Mancucci

John Anthony Scott

Jeremy Bailey

Roy Coloumbe said he represents two dozen iron workers from Burrillville who support the project.

Attorney Greg Mancini is Richard Sinapi’s law partner and represents the RI Building Trades.

“The power plant will be around 30-40 years from now, says Stephanie Sloman. “”I’ll be dead, you’ll be dead,” she told the EFSB members, “75 percent of the people here will be dead. I’m not trying to be funny.” It’s about the future.

Sloman gave each member of the EFSB this picture, to remind them of the species they will either help to save or destroy, depending on how they decide on the power plant.

20160921_200358

Cynthia Crook-Pick compared the power plant to 38 Studios, both are being pushed forward with inadequate information.

Karen Palmer

Jason Olkowski

Attorney Sinapi denies conflict of interest


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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.

2016-08-09 Sinapi
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 loses bid for Harrisville’s water


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Harrisville Fire DistrictThe Harrisville Fire District and Water Board voted 5-1 to turn down Invenergy’s offer to purchase water to cool it’s proposed $700 million fracked gas and diesel oil burning power plant in Burrillville. Thunderous applause broke out in the Assembly Theater, where the meeting had to be held to accommodate the nearly 100 people in attendance.

The road to the no vote was Rhode Island political theater at its finest, with the Harrisville District attorney, Richard Sinapi, taking on the role of villain in the piece.

Sinapi is not only the attorney for Harrisville, he’s also a lobbyist who has testified at the State House in favor of the proposed power plant. He represents the New England Mechanical Contractors Association. In this capacity, on May 25 he testified in favor of the power plant and against Rep. Cale Keable’s bill to give the residents of Burrillville a vote on any tax treaties the Burrillville Town Council might negotiate with Invenergy.

At the House Committee on Environment meeting Sinapi suggested that choosing to purchase a home near an existing pipeline means that one should expect a power plant to be built nearby, just as choosing to live near the airport in Warwick means that one should expect runway expansions and jet noise.

Sinapi also suggested that since we live in a republic, people should not expect a democratic vote on things like power plants being located next door to their homes, they need to understand that their representatives will decide for them, and that they do not have a choice in the matter.

It was on the subject of water, however, where Sinapi made his most egregious comments at the House Environmental meeting in May. “Well 3A has in fact been shut down. It was shut down because it was not suitable for potable purposes. You cannot drink that water. It’s contaminated with MTBEs. However, you can wash with it, you can bath with it. You can’t consume it. That water, that contamination, is 16 years old.”

This is of course completely wrong. MTBE contaminated water cannot be used for washing or bathing, by court order. The water will irritate the skin and there is an unpleasant “sweet smell” to the water as well. Sinapi, a legal advisor to the Harrisville Water Board, should have known this.

At the Harrisville Water Board meeting Tuesday evening, Sinapi presented Invenergy’s pitch to the water board. He said that he and Harrisville became “involuntarily” involved in the Invenergy project after the Burrillville Town Council asked Harrisville to explore the possibility that drawing MTBE contaminated water out of well 3A might spread MTBE contamination throughout the aquifers. Sinapi did not mention his previous involvement as a lobbyist for the New England Mechanical Contractors Association at the meeting.

The offer from Invenergy was to build a pipeline from a well site in Harrisville to the Invenergy power plant site, at Invenergy’s cost. Sinapi presented the idea as an economic boon to Harrisville. The water drawn, said Sinapi, was, “not to exceed the capacity of the well.” Harrisville would receive about $10 million dollars in water sales over the life of the power plant.

Additionally, said Sinapi, if Harrisville did not accept the offer, Invenergy would move on to a “third option” which Sinapi described as more expensive for Invenergy. “I would like to emphasize,” said Sinapi, “they have a third option. It’s not just 3A, they have a third option.”

After Sinapi’s presentation, during the public commentary period, residents of both Harrisville and Pascoag asked, “What is the third option?”

“I’ve been told by two sources that they have a third option,” said Sinapi.

“You made it up, that’s fine,” said someone from the audience.

Under further questioning from Burrillville resident Donna Woods, Sinapi admitted that he has “no idea” what the third option might be.

When Burrillville resident (and candidate for Burrillville Town Council) Jeremy Bailey rose to speak, he said, “I have a an issue right now. Mr. Sinapi was paid $15,000 last year to represent the Mechanics Union, who wants the power plant… That’s a conflict of interest, and none of you [the Harriville Water Board commissioners] seem to be concerned with that… We have a state that’s so corrupt with non-transparency and not a single one of you really has a concern with it.”

No one on the board responded to Bailey’s concerns. Instead, they moved to vote.

The vote was taken, and Invenergy’s proposition to open a new well in Harrisville was turned down, 5-1.

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