Mattiello’s position on energy and environment ‘defies economic and common sense’


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Nicholas Mattiello
Nicholas Mattiello

Local environmental groups and activists have responded to comments made by RI House Speaker Nicholas Mattiello (D District 15 Cranston) made about his support for Invenergy‘s new planned methane gas and oil fueled power plant at the 2016 Rhode Island Small Business Economic Summit.

In the video, Mattiello says, “I’ve been an advocate working with the Office of Energy Resources. I think we have to expand our traditional energy sources and we’re doing so somewhat in Burrillville. I fully encourage that because we have to provide traditional energy as cheaply and efficiently as possible for our ratepayers. However, the world is changing and we have to look at renewables and we have to encourage the growth of renewables. Some people want just the carbon based some people want just the renewables. I think we have to take a practical viewpoint and I encourage both and we’ll grow them both just as fast as we can and let the economy and the marketplace play a little bit of a role. As far as I’m concerned we’re going to encourage the expansion of all forms of energy so that our citizens and our businesses have the cheapest energy available to them so that we can grow and thrive as a community and that our citizens can heat their homes and power their homes as efficiently and cheaply as possible.”

“An ‘all-of-the-above’ approach may provide a good soundbite for Speaker Mattiello,” said Conservation Law Foundation press secretary Josh Block, “but it is an illogical and irresponsible solution when it comes to our energy grid. Renewable energy is the only path to ensuring breathable air, drinkable water and stable energy prices for decades to come, and suggesting we continue building payphones when cell phones are getting cheaper and more prevalent each day defies basic economic and common sense.”

Professor Peter Nightingale of Fossil Free RI says that “Speaker Mattiello does not get it: going green will stimulate Rhode Island’s economy more than his supposedly cheap fossil fuel energy.  He calls himself practical, even as he ignores common sense economics and the laws of nature. Unfortunately, he fits in perfectly with the rest of our leadership as they sell present and future generations down “Clear River” for short-term gain.  Is dark and out-of-state money interfering with their sense of decency and grasp of reality?”

Greg Gerritt, head of research for ProsperityForRI.com speaking only for himself, berated the Speaker’s understanding of economics, saying, “The more I listen to Representative Mattiello the more it becomes obvious that he has absolutely no understanding of how the economy works and where it is going, has no understanding of the relationship between healthy ecosystems and the Rhode Island economy, and no conception that economies are built from the bottom up not the top down.”

Nick Katkevich of Fighting Against Natural Gas (FANG) sent a video, saying, “Way back on a hot summer day in June a group of us went to Mattiello’s law office in Cranston over a rumor that he was planning to attend a ribbon cutting ceremony for the Burrillville Spectra expansion. To our surprise he showed up while we were there at his office.”

More on the 2016 Rhode Island Small Business Economic Summit:

Business leaders decide issues elected officials will pursue at economic summit

State leaders demonstrate their priorities, and it’s not you

More on Speaker Mattiello and his economic ideas from the 2015 Rhode Island Small Business Economic Summit:

Mattiello’s ‘dynamic analysis’ is long discredited economics

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Fossil Free RI statement on Invenergy power plant hearing


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

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

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

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

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

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

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

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

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

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

[From a press release]

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

Strong public opposition to Burrillville power plant at hearing


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2016-01-12 EFSB 01The new methane gas power plant planned by Invenergy for the Town of Burrillville met strong opposition from a variety of environmental groups but also had what seemed like strong support from both members of the Energy Facilities Siting Board (EFSB) which will ultimately approve or deny the application.  The EFSB is chaired by RI Public Utilities Commission (RIPUC) Chairperson Margaret Curran and has only one other sitting member, Janet Coit, director of the Department of Environmental Management (DEM). The third position on the board is usually filled by the associate director of  the RI Administration for Planning, a position currently unfilled, but it is expected that Governor Gina Raimondo will choose someone to fill that role soon.

As the standing room only hearing got under way, Chairperson Curran noted that there hasn’t been a hearing like this since 1999, the last time an energy project of this size was considered. No public comment was allowed at this meeting, but Curran said that there were three public comment meetings scheduled. (It turns out they have not been scheduled at the time of this writing.)

Board member Coit spent some time near the beginning of the hearing informing the room that her position as head of the DEM will not impact her decisions as an EFSB board member. The duties of the DEM in deciding on key aspects of Invenergy’s proposed power plant have been delegated to her assistant, Terry Gray, and Coit says she is firewalling herself from her department’s work in this area. Some activists in the room expressed doubt in the possibility of such a firewall. It should be noted that Governor Gina Raimondo nominates all three EFSB board positions and that she has publicly backed Invenergy’s plan.

The two member board’s first order of business was to deal with an unprecedented number of motions for intervention, which if granted, would allow standing in these hearings for several groups and individuals. Invenergy objected to many of the motions, but did not object to allowing intervenor status for the Conservation Law Foundation (CLF), the Burrillville Land Trust (BLT), The RI Department of Energy Resources, the RI Building Trades Council and National Grid. The board granted all but the Burrillville Land Trust intervenor status, and said that the decisions on the rest of the motions for intervention would be announced at a January 29 meeting.

One motion immediately granted to Invenergy allowed the company to keep certain “proprietary” financial information secret from the public. Between this and Invenergy’s eagerness to deny intervenor status, it becomes difficult to believe the company is truly committed to an open, public process.

I covered Invenergy’s objections to granting intervene status here. Since then the Building Trades filed for last minute intervenor status because their union would represent the vast majority of workers who will build the plant if approved. The Building Trades were granted limited intervenor status pertaining to employment.

Both the Conservation Law Foundation and the Burrillville Land Trust had motions before the board asking that Invenergy’s application be denied. BLT said bluntly that the Invenergy application contains erroneous information or deliberate omissions. There are, says BLT,  no biodiversity impacts and no noise impacts cited in Invenergy’s application. BLT maintains that Invenergy underestimated the impact of their power plant on species diversity by half. The effects on birds and bats, so important to keep insect populations down, is likely to be severe. Invenergy’s estimated water impacts are 75% less than what BLT expects. Ultimately, says the BLT, the impact of this power plant will be felt for decades after its estimated 40-50 life span.

The CLF’s motion to dismiss was based in part on the Resilient Rhode Island Act, and on the fact that Invenergy’s application is incomplete. Under the law, says CLF attorney Jerry Elmer, “Incomplete applications must be rejected.”

Invenergy could not argue that their application was complete. They even admitted that they are still in negotiation for some permits. But Invenergy maintained that this is business as usual and not a reason to reject the application. Invenergy is pushing hard on this application, and want the EFSB to make a quick decision because if this application process drags on too long, they could be out hundreds of millions of dollars, said the CLF. But Attorney Elmer said that Invernergy needs to live with their business decisions, and the EFSB must deny incomplete objections even if Invenergy might face a monetary loss.

Chairperson Curran argued for Invenergy’s position, it seems to me, better than Invenergy’s own lawyers. Curran said that she thinks incomplete applications can move ahead despite what the CLF sees as important, material omissions. The application, says Curran, will be finished by the time the EFSB makes a decision, but Attorney Elmer countered that the statute and rules say that the application must be complete when filed, not when decided upon.

A chisel of lawyers
A chisel of lawyers

Board member Coit also argued passionately for Invenergy’s position. If Curran and Coit want to obey the law though, it would seem that they might have to reject Invenergy’s application, something they clearly didn’t want to do.

Invenergy’s lawyers were clearly pleased with Curran and Coit’s defense of their application. They assured the EFSB board that the board will have plenty of information about the power plant by the time they make their decision. The lawyers maintained that what isn’t in the application isn’t important. In fact, in all their years of practice, these lawyers say they have, “never seen such a detailed application.”

The CLF was next questioned about their reliance on the Resilient RI Act. Under the law, all state agencies shall follow this act. This means that the act applies to the EFSB and that the EFSB has the discretion to consider the climate change impact of the proposed energy plant.

Invenergy seems to feel that the Resilient RI Act is a toothless reminder about the importance of greenhouse gas reductions. They said that the act says nothing about their project and really doesn’t apply.

The second half of the hearing consisted of Invenergy’s sales pitch, a 51 page PowerPoint presentation that is both an ad for Invenergy (including slides touting the companies wind and solar projects, projects they seem to have no interest in bringing to Rhode Island) and plenty of information about the robustness of the company’s finances.

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Invenergy fails to gag activists on power plant intervention


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

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

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

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

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

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

 

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

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

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

Occupy Providence, in its rebuttal,  said:

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

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

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

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

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

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

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

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

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

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

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

CLF uses Resilient RI Act to block Invenergy’s fossil fuel power plant


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Raimondo Clear River presserThe Conservation Law Foundation (CLF) today filed a Motion to Dismiss with the Rhode Island Energy Facility Siting Board (EFSB) against “the application of Invenergy for a permit to build a new 900-megawatt (MW) fossil-fuel power plant in Burrillville, Rhode Island.”

In a blog post, Jerry Elmer, Senior Attorney at CLF in Providence said that the Motion “relies in part on the provisions of the Resilient Rhode Island Act, enacted by the Rhode Island General Assembly in 2014… The Resilient Rhode Island Act declares that it is the public policy of Rhode Island to reduce annual statewide carbon emissions to 10 percent below 1990 levels by 2020, 45 percent by 2035, and 80 percent below 1990 levels by 2040.”

This is the first time the Resilient Rhode Island Act has been used in this manner.

“Invenergy’s application to the EFSB,” says Elmer, “is incomplete because the application fails to address these requirements.” The Resilient Rhode Island Act “created the EFSB and the EFSB’s own rules require that permit applications must be complete when they are filed, and that incomplete applications will be rejected.”

Elmer says that Invenergy’s application is especially troubling because the company, “wants to build two separate on-site oil tanks of one million gallons each – and, after coal, oil is the dirtiest, most polluting fuel used in New England to generate electricity…” More ominously, “Invenergy fails to mention how it plans to control any of its unhealthy air pollution, let alone its climate-warming carbon emissions.”

The CLF also explains in its motion, “why Invenergy is trying to stampede the EFSB into a hurried decision based on an incomplete application.”

Invenergy made a decision to take on a so-called ‘Capacity Supply Obligation‘ (CSO) from New England’s regional grid operator, ISO-New England, before Invenergy had any of permits required to build its proposed plant. The CSO means that, by June 1, 2019, Invenergy’s plant must be up and running and ready to supply energy to the regional grid.

“If Invenergy does have its plant operational by June 1, 2019, Invenergy gets tens of millions of dollars a year from the ISO-run energy markets in so-called ‘capacity payments.’ If Invenergy does not have its plant operational by June 1, 2019, the company stands to forfeit tens of millions of dollars of bonding it put up with the ISO.

“Not all companies that build power plants in New England choose to do things in that order. But Invenergy did – and now Invenergy should be forced to live with the consequences of its own decision.”

In a press release, Elmer said, “Spending 700 million dollars on a fuel source our own laws are making obsolete is as foolish as it is futile. New England is on a path to be carbon-free by 2050, and we have a legal and moral responsibility to see it through.”

Elmer asks interested members of the public to contact their leaders in government, such as Governor Raimondo, Nicholas Mattiello and Teresa Paiva Weed and let them know that you are opposed to the build up of fossil fuel infrastructure in Rhode Island.

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


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

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

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

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

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

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

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

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

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

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

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

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

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

Raimondo Clear River presser
Governor Raimondo at the CREC press conference

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

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

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

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

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

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

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

The motions for intervention should be granted.

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Burrillville Town Council argues with, disappoints residents on gas expansion project


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Martley
Kathy Martley (right) addresses the Burrillville Town Council

Burrillville Town Councilor Stephen Rawson became combative with some of those who spoke against the Spectra pipeline expansion and Invenergy’s new fracked methane power plant at this week’s council meeting.

Rawson was quiet early on as Kathy Martley, who leads BASE (Burrillville Against Spectra Expansion), read her statement about the health and environmental dangers of a methane gas energy plant. She ended her talk by urging the town council to pass a resolution opposing the buildup of fracked gas infrastructure in Burrillville.

Rawson was even quiet when Nick Katkevich of FANG (Fighting Against Natural Gas) handed out copies of a recent story in RI Future in which two former Spectra safety inspectors alleged dangerous working conditions on Spectra’s build sites and a disregard for environmental and safety regulations.

But Rawson’s ability to restrain himself reached its limit with the third speaker, Lauren Niedel, who spoke of why she opposes the buildup of fracked methane infrastructure in northern Rhode Island and why she decided to be arrested for trespass, along with seven others, as a protest against Spectra over the weekend.

In the course of her testimony Niedel said that, “Governor Raimondo just came out saying she wants us to be using 100 percent renewable energy by 2025,” a reference to Raimondo’s executive order, signed in a State House ceremony the day before. Niedel misspoke, she meant to say that the order was for all state buildings to be using 100 percent renewables by 2025.

Rawson
Stephen Rawson

Rawson jumped on Niedel for this. “Can you give the date and time that Governor Raimondo said these things?” he asked.

“Yesterday,” said Niedel, along with several other people crowded in to the town council chambers. “It was for government buildings.”

“I believe it would be hypocritical of [Raimondo] to have a press conference to welcome the power plant, then come out with that statement,” said Rawson, “But for state buildings, that’s different.”

Rawson then looked at Niedel and admonished her, saying, “That was an exaggeration.”

“I’m sorry I misspoke,” said Niedel.

Of course, this wasn’t the point Niedel was trying to make. Governor Raimondo supports the proposed Invenergy Clear River power plant. The plant will have “a 30 year life span,” said Niedel, “We will be indebted with a fossil fuel infrastructure until 2050, making us beholden to Invenergy until then.”

Niedel’s point appears to be that for the Governor to have one standard for state buildings and another for the the rest of Rhode Island is hypocritical, or at least inconsistent. But that point was lost on Rawson, who went in for a cheap rhetorical hit instead of grappling with Niedel’s larger point.

Later that same evening Rawson got into what seemed to be a full on argument with Kathy Sherman, a Burrillville resident seeking clarification on just what the Town Council would be doing when negotiating with Invenergy about the proposed power plant. Sherman’s home is within a half mile of the plant’s location, and she is afraid that her property values are going to plummet due to the noise and air pollution a large power plant will bring. Will the town council be representing her needs, she wondered, or should she and her neighbors retain their own lawyers?

It was a complex question, and Town Manager Michael Wood didn’t have a lot of information or satisfactory answers. Much of what Invenergy is proposing hasn’t been fully revealed yet. There are hundreds of details to nail down. The town council’s job is to represent Burrillville, said Wood, but that doesn’t mean that the town council will be representing every concern of every resident.

Rawson then jumped in to explain that 25 years ago, the town went through the exact same process with the Ocean State energy plant. There was noise, there was construction, there was the “occasional blow off” but the plant ultimately had no effect on property values, said Rawson.

“That was 30 years ago,” replied Sherman, “things are different now.”

“Not 30 years,” said Rawson.

“1987, 2015. That’s thirty years, minus two,” she countered.

Now Rawson was exasperated. “Can I speak now?” he asked, eager to finish what he called his “history lesson.”

“Maybe you should listen instead of talking,” said Sherman. She didn’t have time for history lessons. She needed to understand the town council’s intentions, and was realizing that the town council had little idea of what it’s intentions were going to be.

“Please be patient,” commanded Rawson, “We’re going to do what’s necessary to mitigate the negative impacts.”

“You sound like Algonquin,” said Sherman, to a smattering of applause. She was referring to Spectra’s Algonquin pipeline expansion.

“Algonquin’s not the issue here,” countered Rawson, employing one of the town council’s favorite tactics, “We’re talking about the power plant.”

Whenever a speaker brings up an aspect of the power plant in reference to the pipeline or mentions the pipeline in relation to the power plant, town councilors pounce on the chance to explain that these are two different projects from two different companies. Of course most of those speaking to the town council know this. The projects, though different, are related: by proximity, because both projects are in Burrillville; by nature, as they are both methane infrastructure projects; and by business, since the pipeline will be supplying the methane that powers the energy plant.

Rawson and some other town councillors sometimes smugly correct speakers in this way to score easy, rhetorical points and shut down the conversation. Maybe it’s easier than addressing the concerns of the public in an honest, open way.

“We are in the process of developing an idea of what we want to do,” said Wood, the town manager. “You have to take a leap of faith and trust that the town council will do what’s best.”

This inspired pained groans from the audience.

Outside, after the meeting, residents clustered in small groups, talking about what had just transpired inside. They were not very happy. A consensus quickly formed that Rawson and Councillor Donald Fox, who had interrupted and admonished a woman in an argument about water filters, never treated male speakers with the kind of disrespect and argumentative tone they used when addressing women.

One resident, who hadn’t spoken during the meeting, asked if it was possible to recall the council members and force a new election. Another pointed out that they were in an election year, and that change was in the offing if the town council doesn’t begin to better represent the concerns of the residents.

There were three categories of speakers at the town council meeting. Those for the methane infrastructure build up, those against it, and those neutral on the subject but who are afraid that having such facilities so close to their homes will ruin their property values. Kathy Sherman falls into the last category.

Only two people spoke in favor of the new power plant. Chris Votta is a union iron worker, interested in the construction jobs the project will create. David Eston is a power plant worker who believes that methane will be a necessary bridge fuel as we make the conversion to renewables.

But every other speaker, and a large number of those crowded into the council chambers, opposed the project.

In their flyer “Invenergy talks about clean energy, then proposes gas, not a clean energy,” said one resident, “natural gas and fracking is exactly the opposite of” clean energy.

“Having a second power plant in this small town is complete insanity,” said another.

Lorraine Broussard, a self-described “ardent environmentalist” was one of the last to speak against the projects, saying, “Fossil fuel is a dinosaur on the eve of extinction… Natural Gas is a fracking lie.”

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FANG and BASE crash Raimondo/Whitehouse press conference


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2015-12-07 FANG BASE Raimondo Whitehouse 008Governor Gina Raimondo and Senator Sheldon Whitehouse found themselves confronted by activists from Burrillville Against Spectra Expansion (BASE) and Fighting Against Natural Gas (FANG) at a press conference to announce a new federal program to fund “major infrastructure projects like the 6-10 Connector in Providence.”

As US Representative David Cicilline finished up his short statement about the transportation funding, four activists, including Nick Katkevich of FANG and Kathy Martley of BASE entered the press conference area, under the 6-10 Connector behind Wes’ Rib House in Olneyville.

The four protesters held large signs and stayed quiet throughout Gina Raimondo’s short presentation. After the press conference ended, Kathy Martley tried to get the attention of the governor with a question about the new methane gas energy plant planned for Burrillville, but the Governor and Senator Whitehouse seemed intent on only answering the questions of the media present, and avoided engaging with the protesters.

In the video, Katkevich said to Whitehouse, “You’re not a climate champion, you’re supporting a fossil fuel power plant,” before asking, “You go to Nebraska, to fight the Keystone, but you can’t go to Burrillville?”

Whitehouse, “didn’t say a word” to the protesters, according to Martley by phone after the event was over. She was told by a Whitehouse aid that she and BASE had “given us enough information” on the pipeline expansion and new power plant. Martley complained to me that when she had previously approached Whitehouse, he had promised to meet with her, but that meeting never materialized. Today, Whitehouse simply ignored her and drove away.

Governor Raimondo, said Martley, “didn’t want to talk to us… she said ‘we’ll meet with you’ and I said, ‘we’ve tried to call your office and you’re still not making a date with us. Are you going to make a date with us when the power plant is already built?'”

This is the second time that Martley and BASE have attended a Raimondo press conference to ask about the methane infrastructure expansion projects in Burrillville. Back in September she crashed the governor’s press conference for the opening of the Linear Park. Today’s action comes on the heels of a large weekend rally and march against Spectra in Burrillville in which eight people were arrested.

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8 protesters arrested in Burrillville at Spectra expansion


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2015-12-05 FANG Spectra 009Five women were arrested on Spectra Energy property in Burrillville this afternoon, during a protest in which they attempted to plant tulips where Spectra wants to expand pipelines and near where Invenergy wants to build a new methane gas power plant. Police said that three other protesters were arrested after they made it onto on the construction site via the woods behind the the new compressor station, bringing the total number of known arrests to eight.

Among those arrested was Mary Pendergast from the Sisters of Mercy in Pawtucket. in a statement she said, “By taking action today, I’m following the directive of Pope Francis to put our lives on the line for care of the earth.”

Andrea Doremus, a high school teacher and mother of two from west Roxbury, was also arrested. In a statement she said, I’m outraged that Spectra is allowed to recklessly endanger the safety of my two children for their own profits.”

Also arrested was Lauren Niedel, of the RI progressive Democrats. After her release Niedel wrote on Facebook, “I thought it was critical from someone in NW RI to be part of today’s civil disobedience event. I was literally arrested planting flowers on Algonquin property. Charged with simple trespassing.”

The arrests came towards the end of a march and rally outside of Spectra’s property in Burrillville. Attendees from 11 states representing local groups opposed to the build up of methane gas infrastructure from throughout New England and as far away as Pennsylvania and Maryland were in attendance.

The ProJo lists those arrested as Sally J. Mendzela, 68, of North Providence; Stephanie Strub, 28, of Pawtucket; Marisa Shea, 29, of Lowell, Mass.; Andrea Doremus-Cuetara, 57, of West Roxbury, Mass.; Gabriel Shipiro, 19, of Ithaca, N.Y.; Kyle Shulz, 26, of Worcester, Mass.; Lauren Niedel-Gresh, 53, of Glocester; and Mary Pendergest, 69, of Pawtucket.

UPDATE: Many of those arrested are in the process of being released as of Saturday evening.

I’ll have more information as this story progresses. Here are some photos of the arrests.

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Lauren Niedel released around 6:30pm

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Burrillville Town Council claims to be powerless against Spectra, Invenergy


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

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

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

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

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

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

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

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

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

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

Gina Raimondo

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

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

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

“NO!” shouts virtually everyone in frustration.

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

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

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

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

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

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

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

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

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

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

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

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

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Protestors combat fracking in Rhode Island with Burriville power plant


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After a fittingly stormy Tuesday morning, Governor Gina Raimondo announced a controversial plan at the Greater Providence Chamber of Commerce to open a natural gas power plant in Burriville amid environmental protests and citizen complaints.

Protestors rally in front of Providence Chamber of Commerce as Gov. Raimondo announces Clear River Energy Center
Protestors rally in front of Providence Chamber of Commerce as Gov. Raimondo announces Clear River Energy Center

The plant, called the Clear River Energy Center, would utilize fracking to generate energy with natural gas. Fracking is a process that involves drilling into the earth, and then shooting a high-pressure water mixture at the rock to release the natural gas inside. Environmentalists have opposed the practice for a number of reasons. First, the process uses huge amounts of water that must be transported to the site. Second, many worry that dangerous chemicals used in the process may contaminate groundwater around the site. There are also concerns that fracking causes small earthquakes.

The company that is sponsoring and privately funding the $700 million project, Invenergy, says that the practice is clean and environmentally friendly because the new plant will prevent older, less efficient plants from emitting pollutants like carbon dioxide, nitrogen oxides, and sulphur oxides into the air.

Invenergy has predicted $280 million in energy savings for Rhode Islanders once the energy center is up and running. There would be an overall economic impact of $1.3 billion between 2016 and 2034. Roughly 300 construction jobs would be added to the state’s workforce to build the facility, over a 30 month time period. There would also be 25-30 permanent, skilled positions to actually run the center.

“The construction of this clean energy generation facility will create hundreds of jobs while delivering more affordable and reliable energy to our businesses and homes,” Governor Raimondo said. “We are tackling our regional energy challenges, committing to cleaner energy systems in the long-term, and putting Rhode Islanders back to work.”

Even with this promise of clean energy, there are still many staunch opponents to the proposed facility. Fighting Against Natural Gas, or FANG, held an emergency rally in front of the Chamber of Commerce as Governor Raimondo unveiled her plan. Some even believed the facility to be a “rape” of Burriville’s air, water, and soil.

Robert Malin from Rhode Island’s chapter of the Sierra Club attended the protest, in opposition to the proposed facility. Malin believes that the government has been less than forthcoming with details for the project, and shouldn’t be trusted.

More protestors rallying against Burriville fracking.
More protestors rallying against Burriville fracking.

“The Governor has been saying that she doesn’t know anything about gas or fracking, and that this whole thing is just one little expansion that they’re doing, and by the way, we don’t have any money to build out the renewables, it’s a wish. Maybe in 20 years we’ll get around to actually doing it,” he said. “Then the next thing you know, they can dig into their pockets, they can pull out $700 million, and this thing that they’re planning, had to be planned in advance. They kept this whole thing under the table. Why wasn’t the public able to decide whether we want an explosive power plant building, bringing fracked gas, a deadly practice that was outlawed in New York state, that’s what we’re bringing.”

Malin explained that even though many don’t consider natural gas a fossil fuel, believing it lacks a carbon footprint, the energy source actually leaves what he called a “ghost footprint,” and still contributes to global warming.

“You’re trying to track a colorless, odorless gas,” he said. “Unfortunately, when it gets into the atmosphere, it’s called an accelerant to global warming. So, if you can imagine, you’ve got a big wood fire, and you take some gasoline and throw it on the fire. It flares up really quick. So if you’re not right there when you’re measuring it, when it flares up, then it’s very hard to track. The bad new is that it has the same carbon footprint as other fossil fuels, like coal and oil when it’s done.”

Stephen Dahl, from Fossil Free Rhode Island, said that Raimondo’s plan is short term, and that there are better options and avenues for the state to undertake.

“I think that is a very short gain that they are playing. In the short term, we’ll have jobs. For the longer term, if we follow countries like Germany and Scandinavia, and their mix of energies, in which we can build a transition to 100 percent wind, water, and solar for all purposes, both residential and commercial, here in Rhode Island, by 2050,” he said. “I understand that she has a limited term in office, and she wants to get something done. The way she’s chosen forward, though, is unfortunately, that short-term prospect, which will bring us more catastrophes. So, I object to it.”

Raimondo, and Invenergy’s Founder and CEO Michael Polsky both insisted that fracking, in combination with renewable energy sources, is only one of many puzzle pieces that can be put together to help slow climate change. According to Invenergy, the Clear River Energy Center will add more than 900 megawatts of new, cleaner energy to the regional energy grid, and will displace older, less efficient plants. It will also invest in well treatment and system upgrades, which will benefit 1,200 Pascoag Utility District water customers by contracting on a long-term basis for industrial water supply. Commercial benefits for the town of Burriville include millions of dollars in tax revenue, as well as the reduction of the property tax burden for homeowners.

Once approved, the Clear River Energy Center will begin construction in 2016, with operations scheduled to begin by summer 2019.


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