PUC declines to kill pipeline tariff, but it’s dying any way


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2016-09-29 RIPUC Pipeline Tariff 002The Rhode Island Public Utilities Commission (RIPUC) today ruled against Conservation Law Foundation (CLF)’s motion to dismiss National Grid‘s proposed pipeline tariff and instead issued an indefinite stay. CLF argued that National Grid’s plan to charge electrical consumers to underwrite and guarantee profits for its proposed ANE pipeline is no longer viable given a recent Massachusetts Supreme Judicial Court ruling that declared such pipeline tariffs unconstitutional under state law.

Since National Grid’s plan required the consent of all New England states, CLF moved to dismiss the docket here in Rhode Island, yet Meg Curran, chair of the RIPUC, didn’t agree that the project was necessarily dead, saying she still had questions about the project. Curran felt that National Grid’s offer to withdraw their application and refile at a later date or accept a ruling that the docket be put on hold were better options.

2016-09-29 RIPUC Pipeline Tariff 001RIPUC board member Herbert DeSimone Jr agreed. He said that dismissal would not be appropriate, and withdrawing the application would create “unnecessary redundancies” upon refiling, as all the evidence heard to date would have to be heard again and all motions re-decided. DeSimone suggested that the RIPUC issue an indefinite stay in the proceedings, with the caveat that National Grid file a progress report on January 13, 2017.

Curran and DeSimone then unanimously voted in favor of the plan. Marion Gold, the third member of the RIPUC, had recused herself.

The meeting was attended by representatives from and members of People’s Power and Light, the FANG Collective, Food and Water Watch, Toxics Action Center, Fossil Free RI, NoLNGinPVD and the RI Sierra Club.

“The Commission’s decision to delay this proceeding is a step toward the inevitable death of the pipeline tax. Forcing Rhode Island electric customers to foot the bill for a gas pipeline we don’t need defies our best interest and our laws,” Megan Herzog with the Conservation Law Foundation said. “Both Massachusetts and the federal government have rejected the project, and we will keep fighting until Rhode Island follows suit.”

“Rhode Island consumers should not have to take on the long-term risk of a new, unnecessary natural gas pipeline. We must protect electric customers from being charged for a natural gas pipeline, and the Massachusetts Supreme Judicial Court has already done this by deciding that the unprecedented cost-recovery scheme proposed by utilities is illegal, according to Mass. law,” said Priscilla De La Cruz of People’s Power and Light, also in attendance.

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Updated: No LNG in PVD demands National Grid halt construction at Fields Point


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The No LNG in PVD coalition is demanding that National Grid immediately halt construction and excavation work at 642 Allens Ave, the site of the proposed liquefaction facility in Fields Point. The proposed facility, which is opposed by Mayor Jorge Elorza and nine state legislators, is currently being reviewed by the Federal Energy Regulatory Commission (FERC). National Grid has requested that FERC not hold any public hearings or grant fast tracked approval for the project. No LNG in PVD, a coalition of residents, organizations, and elected officials opposed to National Grid’s LNG facility, calls on the RI Department of Environmental Management (RIDEM) to revoke a recently granted permit which authorized soil excavation at the site, which is contaminated with numerous toxins hazardous to human health.

Fields Point Construction 03A group of concerned Providence community members submitted a petition to RIDEM on August 31st which requested that RIDEM revoke the soil management permit until concerns are addressed and a Public Involvement Plan (PIP) is put in place. RIDEM site remediation regulations, amended in 2011, require a PIP – a formal process for public participation and community oversight of the cleanup plan for activities that occur on contaminated sites. RIDEM formally initiated the PIP on September 6th, notifying National Grid “to initiate the process of developing an approvable PIP associated with the planned environmental cleanup of the Providence Gas Company site, and any other site redevelopment activities requiring remedial actions that fall under the jurisdiction of the Remediation Regulations.”

National Grid was required to respond to RIDEM within seven days with proposed plans and a schedule for developing a PIP with the community, writes No LNG in PVD, but says National Grid has ignored this requirement. In addition to violating this regulatory request, says No LNG in PVD, National Grid has begun excavating soil in a large portion of the site along Allens Ave and Terminal Road. Community members have observed uncovered piles of dirt with visible airborne dust.

Fields Point Construction 02The project’s location, 642 Allens Ave, has a long history of industrial contamination dating back to the earliest days of the gas industry. Providence Gas Company operated a “manufactured gas plant” from 1910 to 1954 which resulted in the release of many toxic substances which polluted the soil and groundwater. The site has also been host to an ammonia plant, a toluene facility, a propane works, and most recently an LNG storage facility. Numerous substances which pose a risk to public health, safety, and the environment have been recorded at the site, including polycyclic aromatic hydrocarbons (PAHs), total petroleum hydrocarbons (TPH), phenolic compounds, volatile organic compounds (VOCs) including benzene and naphthalene, polychlorinated biphenyls (PCBs), ferri­ and ferro cyanide compounds, asbestos, and metals including lead and arsenic. Many locations in the site contain multiple hazardous substances at levels that far exceed allowed standards, and while some specific areas have been remediated since 1994, the majority of the land has not been remediated.

The petition submitted to to RIDEM articulated a number of community concerns about construction at the LNG site exposing workers or community members to toxins.

Fields Point Construction 01“This is our community, people live here and kids go to school here, why does National Grid think it’s okay to put our lives and our health at risk? It’s our legal right to be involved in these decisions,” said Gina Rodríguez, a community resident and leader in the No LNG in PVD coalition. Monica Huertas, another coalition leader said, “It’s outrageous that there’s a known toxic site this close to my house, and we can go down Allens Ave and see clouds of dust blowing off from the piles that National Grid is digging up. The whole point of this Public Involvement Plan law is to address things like that, but National Grid is just ignoring our concerns and DEM isn’t doing anything to stop them.”

A growing number of elected officials are working with the No LNG in PVD coalition and have declared opposition to National Grid’s unnecessary, expensive, and dangerous LNG proposal. The coalition denounces National Grid’s rush to begin work at the site before any public oversight is put in place. “This is exactly what RIDEM’s site remediation regulations are for,” said Representative Joseph Almeida. “In cases like this, where a project could release extremely dangerous contaminants, it is vital that the affected community have a role in overseeing remediation activities. Members of my district are already overburdened by environmental and health hazards. It is vital that DEM stop National Grid from kicking up a new load of previously buried poisons and toxics without giving this community any say.”

David Graves, spokesperson for National Grid, responded. “Construction work now underway on the property is not related to the liquefaction project. All of the work has been properly permitted. As part of our normal procedures, the earth excavated from the site is being covered.

“There are or will soon be two projects underway in the immediate area. One is construction of an access road to accommodate equipment that will come on site to make improvements to containment dyke wall that surrounds the LNG tank. The other is to cap approximately five acres of land at 642 Allens Ave that is part of a remediation project that was started several years ago. Both have been approved by DEM.”

No LNG in PVD coalition member Aaron Jaehnig responded to Graves’ statement. “The petition to DEM for a Public Involvement Plan related to that property clearly requested a halt to any construction or remediation projects until a Plan was in place. DEM’s request to National Grid, for that plan did not alter our request or sepcify that prior permits were exempt. The PIP process exists so the concerned residents, potentially effected by the disruption of toxic materials, are legally granted oversight to such projects. Its great that that National Grid believes they are above participation in this process, it just confirms our suspicions that their actions do not take the public’s well being into consideration. They have already shown a blatant disregard for the community by ignoring DEM’s request for response to the PIP order within seven days. All construction and remediation activity should be halted immediately until that process is completed.”

National Grid has responded a second time, denying some of the allegations made by the N o LNG in PVD coalition: “The work underway at our property at 642 Allens Ave. property, which has been properly permitted, is unrelated to the liquefaction project. One element of the work is environmental remediation. It is enhancing public safety not endangering it as claimed by one group. Also, at no time have we requested to FERC that they not hold public hearings and we responded to DEM on the matter of the Public Involvement Plan (which is unrelated to the current work on the property) within the required time. Every project we undertake is planned and executed under rigid safety and environmental standards and the work currently underway is no exception.”

Ordinance committee to hear testimony on Fields Point LNG today


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2016-07-13 NoLNGinPVD 003Tonight at 5pm the Providence City Council Ordinance Committee will be considering Councilor Seth Yurdin‘s second, stronger resolution opposing National Grid‘s fracked gas LNG liquefaction facility for Fields Point in the Port of Providence.

The resolution was referred to the Ordinance Committee last week, despite a near majority of City Councilors signing on as co-sponsors. At the time Councilor Jo-Ann Ryan said “I voted to send it to committee to provide an opportunity for community input at an open public meeting of the council. You can and should attend and voice your concerns. And encourage others to attend and participate in the process.

Unfortunately, the meeting was filed on Friday, at 2:48pm, so it did not come to the attention of activists until Sunday afternoon. The timing might dampen “community input” especially given the last minute scrambling ahead of Tuesday’s primary elections.

There will be an opportunity for public comment at this meeting, so feel free to come out and speak your mind about fossil fuels and the future of the world.

Here’s the info:

Providence City Council: Ordinance Committee Hearing
Monday September 12th at 5pm
3rd floor, Providence City Hall (25 Dorrance St.)

And here’s the Facebook event page from NoLNGinPVD

PVD City Council fails to pass 2nd resolution opposing LNG


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Providence City Councillor Seth Yurdin introduced a resolution Thursday evening that would strengthen the City Council’s opposition to National Grid’s proposed Fields Point liquefaction facility. Immediately after introducing his resolution Councillor Sam Zurier rose to co-sponsor, as did councilors David Salvatore, Carmen Castillo, Wilbur Jennings, Jo-Ann Ryan and Terrence Hassett.

Noting that it seemed as if a majority of the council was co-sponsoring the resolution, Yurdin moved that the resolution be voted on immediately. This caused councilors Jo-Ann Ryan and Terrence Hassett to suddenly flip their support. Yurdin’s move for passage failed, and the resolution was passed onto the Ordinances committee.

Reached for comment, Hassett wrote, “I voted no to have an immediate passage on the floor without a Council committee review. I co-sponsored it but a committee review is necessary for a proper vetting and discussion before it is transmitted to the full Council.”

Ryan wrote, “I requested to be a sponsor of the resolution last night. It was sent to ordinance committee by a majority vote. I voted to send it to committee to provide an opportunity for community input at an open public meeting of the council. You can and should attend and voice your concerns. And encourage others to attend and participate in the process.

There are no ordinance committee hearings on the current schedule. Hassett is the chair of ordinance and Ryan is a member of the committee.

National Grid wants to expand its LNG footprint in the Port of Providence with the new liquefaction plant. Environmental groups such as the RI Sierra Club and the Environmental Justice League of RI oppose the plan. Curiously, Save the Bay, whose offices are not too far from the proposed site, have not come out against it.

Mayor Jorge Elorza and a large group of state level Providence legislators have recently publicly come out in opposition to the project.

The City Council unanimously approved Yurdin’s previous resolution opposing the site in March. That resolution called for public meetings to be scheduled to address environmental and health concerns of the project. “Unfortunately,” said Yurdin, here we are in the Summer and no such meetings have been held… This resolution is stronger than the previous resolution.”

The previous resolution called for studies and review. The new resolution is a call to strong action.

The new resolution says, in part, “That the City shall take all necessary actions to oppose the proposed Fields Point liquefaction facility, including ceasing to act as a cooperating agency with the Federal Energy Regulatory Commission, and shall not grant any tax stabilizations, subsidies, or any other forms of support to the project.”

 

Environmentalists hail Elorza’s stance on LNG


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2016-07-21 Toxic Tour 013The Environmental Justice League of Rhode Island (EJLRI) “is thrilled that Mayor Jorge Elorza listened to the community and is taking a strong stand against fracking, climate change, and LNG production in Providence.”

The EJLRI statement comes in response to Elorza’s announcement that he opposes National Grid‘s proposed LNG liquefaction facility to be located at Fields Point in the Port of Providence.

State Representative Aaron Regunberg, who represents the 4th district in Providence, also hailed the mayor’s announcement. “I am so glad the mayor has joined our opposition to this terrible proposal. It shows the LNG facility is not a done deal. This is a fight we can win, and so it is a fight we must win. Now it’s time for our federal delegation, who I know are all committed to fighting climate change, to put that commitment into practice here in Providence and join our push for #NoLNGinPVD!”

EJLRI echoed Regunberg’s call for more state elected officials to join them in the fight against expanding LNG infrastructure in Rhode Island. “We are very thankful for the support and climate leadership from our mayor and state legislators, and we now call on our federal congressional delegation and Governor Gina Raimondo to join us and stop National Grid’s plans to liquefy and export fracked gas from Providence.”

Monica Huertas, a leader in the #NoLNGinPVD campaign, responded to the news from the mayor’s office by saying “As a resident of the Washington Park neighborhood, I am so thankful for Mayor Elorza to have so willingly come out against ‘LNG.’ We can make a difference in the smallest state and as residents of the capital city we can take the lead on dismantling the old ways of doing things.  This shows that he is on the right side of history. After we have won the battle for clean energy, we can look back at this key moment in Providence and be proud that we fought together.”

Meghan Kallman, Chair of the RI Sierra Club said, “The Sierra Club is pleased with Mayor Elorza’s statement of opposition to the proposed LNG facility in Providence. Climate change is one of the gravest threats that our community faces. Infrastructure such as this liquefaction plant, that locks us into further consumption of fossil fuels, is a bad choice for our future. Further, its proposed location would imperil some of the most vulnerable residents of Providence. We are pleased that Mayor Elorza has listened to the concerns of the community and is opposing this wrongheaded proposal.”

“We have to move to renewable energy,” said Sam Bell, executive director of the Rhode Island Progressive Democrats (RIPDA). “Certain machine politicians may not believe we need to act to stop climate change, but our state cannot afford not to act. Elorza giving in to the people of Providence and supporting the NO LNG in PVD movement is a big win.”

The EJLRI statement concludes, “The decision to approve or reject National Grid’s proposal is still under fast-track review and likely approval in the Washington DC offices of FERC, the Federal Energy Regulatory Commission.  Governor Raimondo, Senator Sheldon Whitehouse, Congressman David Cicilline, and other elected officials need to join their colleagues in Providence and make it clear that there can be no more dangerous fracked gas expansion projects in Providence, or anywhere in the state.  We stand by no fracked gas LNG in Providence, no fracked gas power plant in Burrillville, and no fracked gas Access Northeast expansion of the pipeline, compressor station, and additional LNG production.

“Rhode Island is making international news as a climate change leader, and we need to be clear that real climate leaders reject fracking and support a rapid and Just Transition to a sustainable future that centers the needs of workers and frontline communities.”

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Sierra Club seeks clarification from Elorza on LNG statement


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2016-06-08 NO LNG 003The Rhode Island Sierra Club has responded to Mayor Jorge Elorza‘s statement on National Grid‘s proposed liquefaction project for Field’s Point in the Port of Providence.

“The Rhode Island Sierra Club is glad the Mayor has publicly agreed to not offer any subsidies to National Grid related to the LNG liquefaction project in Fields Point. We would however urge him to clarify whether his definition of subsidy also includes Tax Stabilization Agreements and if it doesn’t, we would would ask him to take the same strong stance against those type of subsidies and end TSA negotiations immediately.

“While Elorza is correct in saying the decision will ultimately be made by FERC, we would argue his assertion, ‘the city will have little input into that decision’ is false. The mayor can’t abdicate his responsibility on this. Local officials can be hugely influential on Federal decisions. An outcry from public officials immensely helped in 2005 when a similar project was ultimately denied.  Not sending in a letter, like the one nine Providence legislators sent to FERC last week, is a statement and a betrayal of his rhetoric on climate change.

“At the absolute minimum, we would ask the mayor to join the thousands of residents, and many businesses, environmental, community and religious organizations in signing the NoLNGinPVD campaign’s petition letter to FERC.

“The mayor also needs to hold the City Council accountable and ask them to follow through on their resolution to provide wide-scale public involvement, on which no action has been taken.   They resolved to host meetings between National Grid, Dept. of Health, DEM, Coastal Resource Management Corporation and city residents, and city residents deserve nothing less.”

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Elorza: No city support for Grid’s LNG project


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Jorge Elorza

Providence Mayor Jorge Elorza issued a statement affirming his opposition to public subsidies for National Grid‘s proposed liquefaction facility at Field’s Point in the Port of Providence.

“The City of Providence has a long standing commitment to sustainability that rivals top cities nationally,” said Emily Crowell, press secretary for Mayor Elorza, “With a goal of becoming carbon neutral by 2050, we are committed to moving away from fossil fuels and helping combat the global climate crisis. Ultimately, the decision on the LNG plant will be up to the federal government, however the City will provide no subsidies if the project moves forward.” [Emphasis added]

Elorza was strongly encouraged by the Rhode Island Sierra Club to come out against National Grid’s project. Their statement notes that the final decision will be made by the Federal Energy Regulatory Commission (FERC) and that the city will have little input into that decision.

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Providence legislators oppose ‘dangerous’ new LNG development


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2016-07-13 NoLNGinPVD 003A group of Providence elected officials announced their strong opposition to a proposal by National Grid to develop a new fracked gas liquefaction facility at Fields Point in South Providence. Citing concerns ranging from costs to ratepayers, safety risks and climate impact, the legislators — including Representatives Joseph S. Almeida (D-Dist. 12, Providence), Grace Diaz (D-Dist. 11, Providence), Aaron Regunberg (D-Dist. 4, Providence), Chris Blazejewski (D-Dist. 2, Providence), Edith H. Ajello (D-Dist. 1, Providence) and John J. Lombardi (D-Dist. 8, Providence) and Senators Juan Pichardo (D-Dist. 2, Providence), Gayle Goldin (D-Dist. 3, Providence) and Sen. Harold M. Metts (D-Dist. 6, Providence) — called on the Federal Energy Regulatory Commission (FERC) to reject National Grid’s application, and warned the City of Providence against signing a tax stabilization agreement with the utility to facilitate the project.

Last summer, National Grid submitted a proposal to FERC to develop a $180 million facility to produce Liquefied Natural Gas (LNG) directly from a Spectra Energy pipeline that delivers fracked gas from Marcellus Shale to Providence. LNG is produced by cooling natural gas to -260°F, which reduces its volume by 600 times and puts it into liquid form. As described in its application, National Grid would then utilize tanker trucks to export the LNG produced in Providence, primarily to locations in Massachusetts.

State House 001“No matter how you look at it, this project is a money-maker for the utility at the expense of our community and our state,” said Representative Almeida. “National Grid is asking us, the ratepayers, to foot the $180 million bill for this project, for what? So they can increase their own profits by exporting LNG out of the state! This does nothing to benefit our constituents, and it does nothing to benefit my neighbors on the South Side. All this proposal will do is transfer money from ratepayers’ pockets to National Grid’s coffers, and we’re not going to accept it.”

Legislators also expressed concerns about the safety risks of the proposed project.

“LNG is a dangerous substance,” said Representative Diaz. “Just two years ago, an LNG facility in Washington state exploded, causing an evacuation of everyone within a two-mile area. If that were to happen at this site, all of my constituents would be in danger. Why is it always our community that must shoulder the collateral damage and safety risks from these toxic projects?”

LNG is stable in liquid form, and without air it is not flammable. However, at any temperature over -260°F it converts to methane gas and expands by 600 times, rapidly pressurizing any sealed container. If LNG spills and mixes with airs, it becomes highly flammable and potentially explosive.

“I remember when Keyspan, which has since been bought by National Grid, applied to FERC with a similar proposal to build an LNG import facility at Fields Point in 2005,” said Senator Pichardo. “That application was denied due to the very real safety concerns of this kind of development. In fact, FERC Commissioner Nora Brownell cited the risks of accidents and explosions when turning down the proposal, stating that the project would not meet current federal safety standards. If doubling down on this dangerous fuel was unsafe ten years ago, it is unsafe for our neighborhood today, and I urge FERC to once again listen to the community’s opposition to this harmful development.”

Finally, the elected officials demanded that the climate consequences of the expanded fossil fuel infrastructure be taken into account.

“The science on climate change is clear. If my generation is to have any chance of inheriting an Ocean State with any state left in it, we need to transition to a clean energy economy as quickly as possible. This proposal would sink millions of ratepayer dollars into unnecessary new fossil fuel infrastructure that would be used for decades past our climate’s point of no return, and that is a betrayal of our children,” said Representative Regunberg. “Mayor Jorge Elorza and the Providence City Council have taken credit for being leaders on climate and environmental issues. But if the city awards a tax stabilization agreement to National Grid to support this project, then it is our belief that the mayor and council can no longer claim this kind of climate leadership. We hope they will do the right thing and tell National Grid that Providence will not facilitate this wasteful, ratepayer-funded, environmentally catastrophic scheme.”

The Providence legislators reported that they are submitting letters detailing their concerns to FERC, joining a growing list of community members and neighborhood organizations opposing National Grid’s application.

[From a press release]

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Protesting environmental racism in South Providence


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Protests against environmental racism and the expansion of fracked gas infrastructure in Rhode Island continued yesterday as members of the FANG Collective and the Environmental Justice League of RI, along with area residents and other community and environmental organizations, held signs and delivered flyers to drivers at the corner of Eddy St and Thurbers Ave.

National Grid is trying to build a $180 million fracked gas production facility  in South Providence, and organizers call this is a clear example of environmental racism as all 11 of the EPA’s identified toxic polluters in Providence are already in this zip code, which is predominantly made up of low-income people of color. The impact and dangers of this project are enormous and have been outlined by the EJ League in detail.

Among those attending the protest was Kate Aubin, who is running for Cranston City Council. The section of Edgewood, where she lives, would potentially be affected by a disaster occurring in any one of several chemical and toxic storage facilities in South Providence.

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Handing out flyers to motorists in English or Spanish

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Kate Aubin

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Laura Perez, House district 11 candidate

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#NoLNGinPVD taking on National Grid


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2016-06-23 NO LNG in PVD 007A second demonstration to bring attention to the $100 million fracked, liquefied natural gas compressor station National Grid is trying to build in South Providence was held outside the company’s location at the corner of Allens Ave and Terminal Rd Wednesday afternoon. The demonstration was the effort of the Environmental Justice League of RI (EJLRI), area residents and other community and environmental organizations.

This demonstration garnered none of the police attention of the first.

This area of South Providence is the city’s sacrifice zone for toxic chemical storage and fracked gas storage, a prime example of environmental racism.

Consider joining the #NoLNGinPVD effort.

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