Paul Fogarty – RI Future

October 29, 2016

Burrillville residents refuse to drink tax treaty Kool-Aid

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2016-10-27 Burrillville Town Council 07 — Michael McElroy

Wednesday night’s Burrillville Town Council meeting hearkened back to the early days of public opposition against Invenergy’s $700 million fracked gas and diesel oil burning power plant planned for the town. Back then, we saw a public that was distrustful of the town council, and a town council that was not receptive to the idea of opposing the power plant, early on claiming to be powerless against the combined might of Invenergy, Governor Gina Raimondo’s office and regulators.

The town council then took the position, contrary to the Open Meetings Act, that people in the town were only allowed to talk about issues and subjects that were specifically listed on the town council’s agenda, cutting off discussion about the Algonquin pipeline if the power plant was on the agenda, or vice versa. In December of last year, calls from the town council to trust them elicited groans of dismay from the audience.

Then, in April of this year, it was learned that the town council had been in secret negotiations for a tax treaty with Invenergy for months. The town council was still forcing residents to only speak about “agenda items” and working hard to curtail public discussion, contrary to the Open Meetings Act. The growing resistance in Burrillville to the power plant felt disempowered. Not only were they fighting a multi-billion dollar power plant company funded by a Russian oligarch, they were fighting both the state and local governments. The fight seemed impossible and trust between the town council and residents couldn’t be worse. Or so they thought.

At an April 14 town council meeting Council President John Pacheco said that the town council learned about Invenergy’s plans when everyone else did, during a press conference held by Governor Raimondo announcing the plant, saying, “As a town council, we did not know this plant was actually going to happen until the Governor announced it.”

This turned out to be inaccurate. Videos of town council meetings from February and March of 2015, on the town council’s own website, showed the town council and state legislators paving the way for the controversial Invenergy power plant months before the governor officially announced the project. Over time some of the details about how Invenergy approached the town came to light, but the complete story, and who opened what doors to the power plant, has yet to be revealed.

The town council eventually came to a public position regarding the power plant: The town council would put on a public display of strict neutrality, taking no position for or against the power plant, until after all the advisory opinions from various town boards had been completed. This was so as to appear to not influence the outcomes of the various advisory opinions and give the Energy Facilities Siting Board (EFSB) a reason to suspect that the opinions might be slanted in some way.

State legislators Cale Keable and Paul Fogarty went a different route. They entered legislation at the state level that if passed, would give voters in Burrillville the ability to approve or reject any tax treaty negotiated between the town council and Invenergy.

The bill passed the House and was due for consideration and a vote in the Senate when the town council passed a resolution in opposition to the Keable Bill at the 11th hour, giving the Senate Judiciary Committee enough of a reason to vote down the bill. The relationship between the town council and residents was now overtly acrimonious. There were tears from Town Councilor Kimberly Brissette Brown and anger and accusations from Town Councilor Donald Fox. Residents spoke of feeling “humiliated” at the State House as the press release announcing the resolution was sprung on them by Senators Frank Lombardi and Steven Archambeault, who treated the residents with risible condescension.

2016-10-27 Burrillville Town Council 06 — Lawyers and Town Councillors strategize during break

Since that low point, the town council and residents worked to rebuild trust. Residents by this time were long past being held to arbitrary and incorrect readings of the Open Meetings Act. They spoke their minds, expressed their concerns and the town council, to their credit, finally seemed to be listening. They seemed to come together as a town when Governor Gina Raimondo visited to hear resident concerns about the power plant.

After the lengthy process of creating the advisory opinions concluded, the town council passed an extremely robust resolution opposing the power plant and asked other city and town councils in and around Rhode Island to join them in opposition. Many already have and many more are considering joining Burrillville in opposition to the plant. But the Burrillville Town Council’s opposition came with a caveat: They still planned to sign a tax treaty with Invenergy, a tax treaty that the town residents want to hold off on signing.

At issue is the timing. The town council maintains that they have negotiated a solid tax treaty that will protect the town in the event the power plant is built, and guarantee a steady stream of income to the town. The residents want to wait until after the EFSB decides on Invenergy’s application before signing any treaty. Right now, the power plant’s application is suspended, pending Invenergy’s search for a new source of water. Signing the tax treaty, say residents, gives Invenergy extra leverage in negotiating a deal with another municipality, like, let’s say, Woonsocket, to purchase water. The town’s opposition to the power plant must be unified and consistent. Opposing the power plant with a resolution sends one message, signing a tax treaty with Invenergy sends another.

At Wednesday night’s hearing, Attorney Michael McElroy, who negotiated the tax treaty, said that the opposing the power plant and signing a tax treaty were not inconsistent actions and would not be seen that way. “I want to make it… clear that I see no inconsistency between entering into these agreements and dead set opposition to the plant,” said McElroy.

But McElroy is a lawyer. He is not a business man trying to buy water to cool a power plant. What businessman wouldn’t mention the tax treaty as proof that the town council is actually okay with having the power plant sited in their town? The resolution in opposition will be described behind closed doors as merely political theater, something to satisfy the rubes while the real business of government is imposed by the movers and shakers in secret meetings paid for with political contributions.

McElroy did his best to sell the tax treaty to the residents. He spent 45 minutes outlining the deal, expressing the need for a treaty. One reason McElroy gave, that didn’t sit well with residents, was that, “I want to get paid.” The money generated by this tax treaty will give the Town of Burrillville the money it needs to fight the siting of the power plant all the way to the Supreme Court, if need be. The lawyers and experts needed to fight such a case cost money, said McElroy, who included himself in those expenses.

McElroy suggested that if the town council did not pass the tax treaty, Invenergy might pull it off the table. He assured the audience that contrary to what Conservation Law Foundation senior attorney Jerry Elmer says, the plant will be built without a tax treaty in place.

Residents weren’t buying it. Towards the end of what turned out to be a five hours plus meeting, it was obvious that the town’s people were not willing to drink the tax treaty Kool-Aid. Forty people spoke against passing the tax treaty. Two spoke in favor of trusting the town council and McElroy’s advice.

Ultimately the town council recessed without doing anything on the tax treaty. There is a plan to take up the issue again next week.

2016-10-27 Burrillville Town Council 03 — Midnight, during a short break

July 19, 2016July 19, 2016

Raimondo in Burrillville

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When Governor Gina Raimondo came to Burrillville Monday evening to hear the concerns of residents regarding Invenergy’s proposed $700 million fracked gas and diesel oil burning power plant, the people greeted her with applause, cheers, and gifts. Over the course of the two hour meeting, the Governor assured the people that she had not just listened to them, but had truly heard them.

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

She heard them, she said.

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

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

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

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

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

Additional thoughts:

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

Raimondo in Burrillville 020 — Dave Layman

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

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

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

Here’s the full video:

Senator Paul Fogarty

Representative Cale Keable

Dave Layman sets the rules.

Kathy Martley

Raimondo in Burrillville 005 — The marchers from Providence arrive

Raimondo in Burrillville 010 — Only one person allowed in here at a time

Raimondo in Burrillville 012 — The gift baskets presented to Governor Raimondo

Raimondo in Burrillville 013 — The opposition

Raimondo in Burrillville 019 — David Layman

Raimondo in Burrillville 021 — Super serious about the timing

June 20, 2016June 20, 2016

Three Democratic challengers to make a run at Burrillville Town Council

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The Burrillville Democratic Town Committee voted unanimously to endorse three candidates for town council. All three oppose the $700 million fracked gas and diesel oil burning power plant proposed for the town by Invenergy and supported by the present town council.

“In all these cases,” said Committee Chairman Stephen Mulcahey, “we have candidates who are committed to opposing the proposed power plant. In addition, these candidates have the experience and capacity to govern past this one issue”.

The three candidates are:

Jim Alix, a retired school counselor (MSW). He and his wife, Kathy, a retired school teacher have been residents of Burrillville for over 30 years. Jim has been an active member of the Burrillville Parks and Rec program as well the Burrillville Extended Care Program.
Michael Dutilly, a career firefighter and union president of the Harrisville Fire Department. Mike is a lifelong resident of Burrillville and a graduate of Burrillville High School. Mike is married and has a newborn baby boy.
Bob Perreault, a multi-generational Burrillville resident. Bob is a retired Zambarano Hospital employee where he spent his career caring for patients. Bob was a Therapeutic Services provider and has a keen sense of empathy for our fellow residents at Zambarano Hospital.

It is thought that Councillors Nancy Binns and Kimberly Brissette Brown will not be seeking re-election. The only councillor up for re-election is Council President John Pacheco. Councillor David Place, not up for re-election, has plans to run for state representative, against Cale Keable. It’s unclear how this race would affect the make up of the Town Council.

A new Burrillville Town Council may come too late to have an impact on the Energy Facilities Siting Board (EFSB)’s decision regarding the plant. Close observers say the current make up of the Town Council supports the plant 4-3, with Stephen Rawson, David Fox, Place and Binns in support and Pacheco, Brissete Brown and Michelle Bouchard against.

At the same meeting, the Burrillville Democratic Town Committee gave its endorsement for reelection to State Senator Paul Fogarty and State Rep. Cale Keable, who made an unsuccessful play in the State House to pass legislation that would give voters in Burrillville the opportunity to vote on any tax treaties the town council negotiates with energy companies in the town. That bill died in the Senate under “curious” conditions.

June 16, 2016June 16, 2016

Keable/Fogarty power plant bill: An autopsy

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

“What happened in there?” I asked.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

They say they will continue the fight.

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

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

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

June 14, 2016June 13, 2016

Governor Raimondo to visit Burrillville, meet with residents to discuss proposed power plant

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

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

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

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

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

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

[From a press release]

June 13, 2016

Fogarty power plant bill to receive a vote in Senate Judiciary

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The Senate Judiciary Committee will be voting on Senator Paul Fogarty‘s bill S3037A on Wednesday. The bill would increase the membership of the energy facility siting board from three to seven members, and would require approval by the voters in Burrillville of any tax agreement established by the town council with a power plant located in the town. A successful committee vote send the bill to the Senate floor for a vote from the full chamber. The bill is a companion to Representative Cale Keable‘s H8240a.

Governor Gina Raimondo said that she will be “very likely to” veto the bill on a recent episode of Channel 12 Newsmakers.

Invenergy wants to build a $700 million fracked gas and diesel burning power plant in Burrillville. Critics and supporters alike say that this bill, if passed, will make the construction of the power plant less likely.

June 9, 2016June 9, 2016

Rep Keable disputes Burrillville Town Attorney accusation that he brought Invenergy to town

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A video showing Burrillville Town Council Attorney Oleg Nikolyszyn telling a resident that Rep Cale Keable is responsible for bringing the Invenergy power plant to the town has surfaced. In the video, Nikolyszyn says, in reference to the power plant, “Why don’t you ask Mr. Keable why he proposed this whole project in the first place? It was his idea.”

Keable calls the accusation “ludicrous.”

Nikolyszyn’s statement, if true, would seriously rewrite the history of the circumstances under which Invenergy decided upon Burrillville as the location for a fracked gas and diesel oil burning power plant. I reached out to Representative Cale Keable and asked about Nikolyszyn’s accusation. Keable denied Nikolyszyn’s version of events. His full statement is compelling reading and helps to fill some holes in the timeline of Invenergy’s interest in our state:

Solicitor Oleg Nikolyszyn and others’ suggestion that I directed Invenergy to Burrillville is ludicrous and an obvious example of political “hot potato.” Mr. Nikolyszyn, who was appointed by the Republican majority on the council, should concentrate on providing legal advice to the town council instead of engaging in petty, partisan finger pointing on behalf of its Republican members and town manager, Mike Wood. Mike Wood and the town council have faced the town’s disgust at their actions and now they desperately seek a way to make their problem mine. I know my friends and neighbors in Burrillville will see this obvious political tactic for what it is. Unlike others, I know my people are smart, intelligent people, capable — and deserving of — self-determination.

“When, after listening to the people of Burrillville, I made the decision to oppose siting of a massive, oil and gas burning power plant in Pascoag, people immediately told me that power plant proponents would find a way to attack me. After all, there is a lot of money at stake. So this obvious and desperate attempt at political character assassination, just as the people seek redress in the General Assembly — which is exactly what several members of the town council instructed them to do — does not surprise me in the least. Even the casual observer should be suspicious of the timing of Mr. Nikolyszyn’s statement.

“It is well known in Burrillville that our town manager, Mike Wood, intimidates anyone that steps out of line, including town council members and town employees. As the whole town has seen, Mike Wood now has them toeing the Invenergy line. I, however, refuse to live in fear of Mike Wood’s intimidation tactics. Obviously, that has made me a target. I will not allow his bullying to stop me from representing my friends and neighbors as best I can. If that means I can never win another election, then so be it. My only question for the town council is: “why have you not joined Sen. Fogarty and I in opposing Mike Wood’s power plant?”

“The Invenergy proposal and forthcoming tax treaty should be about one thing — what the people of Burrillville want for themselves. Now, more than ever, I believe putting the power plant’s tax treaty before the voters is the only way to ensure our voice is heard and Burrillville’s best interests met. Those in favor of a tax treaty can vote for it. Those opposed will have their day at the polls.

“In the winter of 2014/2015 (either late December or January), Invenergy’s attorney — who I know and respect from the legal community and from the State House — asked me to attend a meeting in Burrillville with the town manager, whom the attorney did not yet know, his client, and the town planner to discuss a possible development in Burrillville. Such an informational meeting is in not in any way out of the ordinary and I always try to assist my town with whatever needs that they might have. I attended the meeting and learned of Invenergy’s proposal for the first time. Invenergy’s plans had obviously been completely planned out before I was ever brought in the loop. Again, the meeting was certainly not to ask my permission or anything of the like as Mr. Nikolyszyn would seem to suggest, it was informational. The only thing that is curious about this meeting is the fact that apparently it was some time before Mike Wood — who heard the same information I did coming out of that meeting — bothered to inform the town council, who are nominally his boss. This should not be surprising to those who understand Burrillville politics.

Cale Keable

“Throughout 2015 and into early 2016, I had a neutral stance on the merits of the project and attempted to assist the town manager and town council in any way they asked. During that time, I was asked to submit legislation to help Mike Wood’s power plant and had several conversations in that regard. However, as the fact that the will of the people differed significantly from Mike Wood’s became clear to me, I did not submit legislation to help the power plant. I suppose that like many, I did not fully grasp the threat to our town at that time.

“However, in March of 2016, as Sen. Fogarty and I spoke to at first dozens and then hundreds of Burrillville residents, I became convinced that Mike Wood’s power plant would hurt our town. I therefore made the decision to publicly oppose the power plant in a letter to the Siting Board on April 7, 2016. I would hope that Mike Wood, the town council, and the council’s staff stop their attacks against me in a transparent attempt to lay their problem at my feet. Instead, I hope they stand up against the plant and for our people. At a minimum, I hope they at least be intellectually honest and acknowledge the fact that they want Mike Wood’s power plant and will do anything to make sure it gets built, if that is their position.”

June 9, 2016

The angry crowds never came to the Burrillville Town Council meeting

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The Burrillville Town Council, through their press agent Dyana Koelsch, issued a “press release” Tuesday evening in which they laid out many of the details they are looking for in a tax agreement with Invenergy, the company that plans to build a fracked gas and diesel fuel burning power plant in Pascoag.

In the release the Town Council takes a strong stand against the Keable/Fogarty legislation that recently passed House but has seemingly stalled in the Senate that would allow Burrillville voters the opportunity to approve or reject any tax treaties negotiated by their Town Council with power plant operators. Many Burrillville residents felt betrayed by the press release, arguing that the Town Council has demonstrated that it is working against the people and in concert with Invenergy.

The decision to issue the press release was made without any apparent public announcement, hearing or vote. Town Manager Michael Wood explained that in light of the legislation introduced by Rep Cale Keable and Senator Paul Fogarty, “we felt it was necessary to get a statement out… We send these press releases where we think they need to go.” (Note: atomicsteve@gmail.com is a great place to send press releases)

The issuance of the press release was likely decided at Tuesday night’s “special meeting” of the Town Council. In trying to access the video of this meeting, I discovered that there was no video. “As the camera was not working, there is no video for the June 7, 2016 Town Council meeting,” according to an email from the town clerk.

Too bad. It would have been interesting to hear what discussions, if any, pertained to the issuance of the press release.

The Town Council must have been expecting fireworks at their regular Town Council meeting last night. Upon arrival I noted the presence of at least four police cars and several officers outside. There was a heavier than usual police presence inside the Town Building at 105 Harrisville Main St. as well. Present was the entire Town Council, except for Kimberly Brissette Brown, who was absent. Also present were Town Manager Michael Wood, legal counsel Oleg Nikolyszyn, Town Clerk Louise Phaneuf and Koelsch.

The large, angry crowd never materialized.

In a phone interview, Koelsch told me that her PR firm was hired by the Town Council “to help them disseminate information in the best way we can to folks in town… The Town Council needs to speak with people in town and they need to let people know what they’re doing.” Clearly the Town Council thought her expertise would be useful in dealing with the angry crowds coming to the Town Council meeting.

About 20 people showed up. Only two residents from Burrillville talked to the Town Council: Donna Woods and Jaime Tessier. Instead of attending the Town Council meeting, most Burrillville residents concentrated their energies on the Senate Judiciary hearings in the State House in Providence.

The two Burrillvillians who addressed the Town Council did not mince words.

Donna Woods called the Town Council actions in sending the press release “shameful” and “corrupt.”

“You will be remembered for generations in this town for what you have done to us,” she said.

Jaime Tessier said to the Town Council, “That letter showed a complete lack of respect for the people you are supposed to represent.”

A gloomy Council President, John Pacheco III, ran the meeting almost by rote. He did not seem happy to be there. As the Council moved on from public commentary and into the regular meeting, they did so as 20 or so Burrillville residents simply sat there and watched, silently.

After the regular business was conducted, the Council went into “executive session” to hold a meeting about the Invenergy power plant. The public was not allowed to attend. In addition the the Town Council members the closed session was attended by Wood, Nikolyszyn, Phaneuf and Koelsch. The minutes and vote in the executive session have been sealed, but after coming out of closed session the Council announced that they had passed an official resolution that echoed the main points of the press release issued the day before.

June 8, 2016June 8, 2016

Burrillville Town Council opposes Keable/Fogarty power plant bill

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The Burrillville Town Council opposes legislation moving through the State House that would give local residents greater say on the tax agreement between the town and the proposed fracked gas power plant.

“The ill-conceived legislation before the General Assembly that purports to give residents a voice in the matter – in fact does the opposite,” said a letter released to RIPR’s Ian Donnis last night. “It weakens the Town Council’s ability to protect its residents and obtain financial compensation for hosting the proposed power plant.

The documents were released to Donnis by Dyana Koelsch, retained by the Town Council to handle public relations on their behalf. Koelsch, a former journalist-turned-public relations consultant, told me in a phone conversation last week she was retained by the Town Council to facilitate better communication between the Town Council and local residents.

The release of these documents seems to have come some time after the House passed Representative Cale Keable‘s bill, H8420 Sub A, which, if it becomes law, will allow the voters of Burrillville the opportunity to approve or reject any proposed tax treaty the Town Council makes with an power plant by popular vote. In recent days opposition to this bill has been ramping up, with Invenergy purchasing a full page ad in the Providence Journal on Saturday, an op-ed co-signed by Laurie White of the Greater Providence Chamber of Commerce and Michael Sabitoni of the Rhode Island Building and Construction Trades Council on Sunday, and a bellicose tirade on the Journal’s editorial page yesterday.

Despite the opposition of business leaders and unions the Keable bill passed the floor 64 to 7 as Burrillville residents applauded. You can watch the vote below and see the reaction of Burrillville residents below. The difference between the votes reported above and the votes pictured is due to some legislators entering their votes late.

The release of the Burrillville Town Council letter opposing the Keable bill provoked a flurry of responses on social media. At about 10:30pm Burrillville City Councillor David Place confirmed that the letter was indeed accurate when he commented on Burrillville resident and power plant opponent Jeremy Bailey’s Facebook page.

The reaction from Burrillville residents has been negative and angry:

“I have NEVER seen such political BS in my life!!!“
“Has to be a back room deal going on ! Obviously representing Invenergy’s interest over the citizens!!!!“
“This is very disappointing and kicks us in the gut ! These council people are traitors and sneaky too, it’s not fair to the towns people!“

It’s unclear when the Town Council decided to write the letter, or if that decision was made at a public meeting.

The timing of the release is strange, since tomorrow evening there is a Town Council meeting scheduled, with public comment. Past Burrillville Town Council meetings have been contentious. Tomorrow night’s promises to be explosive. Why the Town Council would choose to invite the approbation of their constituents is a mystery. There is talk of a recall election for the four Town Councillors not up for re-election this fall.

The most startling thing about the documents released is that they contain details of the town’s negotiated tax deal with Invenergy, details that the Town Council has previously stated must remain secret while being negotiated. Though the tax deal is not yet done, the Town Council says there is “an agreement in principle on the following:”

$2.9 million upfront payment – $1.2 million in guaranteed payments even if the EFSB denies the application
$92 million – $180 million guaranteed payments over the next 20 years
Protection for property owners near the proposed power plant site through a property value agreement
Fully binds future owners if the plant is sold or otherwise transferred
Protection for Town residents into the future by locking in place a decommissioning plan

The Town Council claims that the legislation weakens the Council’s ability to protect its residents and obtain financial compensation for hosting the proposed power plant, strips the Town Council’s negotiating leverage that can force Invenergy to compensate the town, and jeopardizes efforts to put financial safeguards in place for residents near the power plant and compromises an agreement for the decommissioning of the plant.

I reached out to Jerry Elmer, a Senior Attorney for the Conservation Law Foundation, overnight and he was kind enough to send me some notes on the various documents, which I will quote in full beneath the page he references.

Elmer said, in summary, “The bottom line is this: The members of the Town Council of Burrillville know, with absolute certainty, that the sweetheart deal they are negotiating with Invenergy would be overwhelmingly rejected by the voters of Burrillville if the voters of Burrillville got the right to vote on it. The members of the Town Council are correct in their assessment. That is why they are urging that the Keable-Fogarty Bill be rejected.”

From Jerry Elmer: “Document 2, page 1, bullets at the bottom: Town Council claims it has remained “neutral” on whether the plant should be built in order not to taint its comments to the EFSB. Two things must be said about this. First (and maybe more important), these documents show that the Town Council has not remained neutral, and that the Town Council very much wants to enter into a Tax Treaty with Invenergy. The Town Council is urging defeat of the Keable-Fogarty bill which would give the people of Burrillville the right to vote on such a (possible, future) tax treaty. That is not “remaining neutral.” Second, the Town Council has (very seriously) misunderstood what kind of “neutrality” is required of it by Rhode Island law. The Town Council has consistently refused to discuss the proposed Invenergy plant, even at public meetings, called pursuant to the state’s Open Meetings Act, even with a stenographer present. The Town Council pretends that this is being “neutral,” but this is merely ignoring constituents. And, crucially, this refusal to discuss the Invenergy proposal in open meetings is not required by any Rhode Island statute, law, rule, or regulation, including the state’s Open Records Act.”

From Jerry Elmer: “Document 2, page 1, bullets at the bottom: Town Council says that the purpose of the tax treaty is “to properly compensate Burrillville” if the Invenergy plant is built. However, what constitutes a “proper” level of compensation is a judgment call, about which reasonable people may disagree. The main effect of the Keable-Fogarty Bill would be to return that judgment call to the people of Burrillville.”

From Jerry Elmer: “Document 2, page 3, bullet half way down page [above], Town Council says: Having a tax treaty is a “guarantee of full taxability” of Invenergy. This is factually incorrect, and it is inconceivable to me that the Town Council is not fully aware of that fact. There is today, in the Town of Burrillville, a background, already-existing tax law that would cover this power plant (just as every municipality in Rhode Island, and indeed the United States, has an existing, background law on how to tax the real estate of individuals and businesses). The only reason that Invenergy wants a tax treaty with the Town of Burrillville is in order to get a different, lower tax rate. This makes sense: Invenergy will not negotiate with the Town for a higher tax rate; no business would do that, because it makes zero business sense. The reason that Invenergy would not negotiate for a higher tax rate is that Invenergy, without any negotiations at all, could get the currently existing tax rate. The only purpose of a tax treaty is to give the applicant (here, Invenergy) a lower tax rate than the existing one. This is true of this tax treaty, just as it has been true of every tax treaty since tax treaties were invented. In other words, when the Town Council says that a tax treaty is meant to be a “guarantee of full taxability” that statement is just factually incorrect.”

From Jerry Elmer: “Document 2, page 2, Town Council says that having a tax treaty in place “eliminates costly appraisals” and “eliminates volatility in future appraisals.” On these two points, the Town Council is speaking the literal truth, but in a deeply misleading way. These statements of the Town Council are factually accurate, but what is left unsaid is that, if the Keable-Fogarty Bill is defeated, that defeat will eliminate the right and ability of the people of Burrillville to vote on a Tax Treaty that may be reached between the Town Council and Invenergy. Let me use an analogy: I am threatening to murder you in cold blood. Before I do it, I tell you to think about the many “advantages” of being dead: you’ll save money on food, you’ll save money on rent, and you’ll never again go to a movie that you end up not liking. What I am saying is literally true, but what I am saying is misleading (in the extreme). So, too, with the Town Council statement. A tax treaty would eliminate costly appraisals — and would eliminate the right of the people of Burrillville to vote on a sweetheart deal reached between the Town Council and the people of Burrillville.”

Tomorrow the Senate takes up their version of the bill, S3037 in Senate Judiciary at 2:30pm in room 313 in the State House. The Burrillville Town Council meets tomorrow evening at 7:00pm in the Town Council Chambers, Town Building, 105 Harrisville Main St., Harrisville.

June 7, 2016June 7, 2016

CLF supports power plant bill, calls out ‘scare tactics’

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2016-05-26 Burrillville at the State House 021 — Paul Fogarty addresses constituents at the State House

The Conservation Law Fund (CLF) supports S-3037, by Senators Fogarty, Nesselbush, and Kettle, and respectfully urges passage of this bill. This bill addresses an important issue pertaining to the proposal by Invenergy to build a new 900 MW fossil-fuel power plant in Burrillville, RI.

CLF has considerable first-hand knowledge of the Invenergy proposal. CLF is the only environmental organization that has been admitted as a full party before the Energy Facility Siting Board (EFSB) in Docket SB 20 15-06, which is the Invenergy permitting proceeding. CLF is the only environmental organization that has been admitted as a full party in the Public Utilities Commission Docket # 4606 that is considering issues pertaining to Invenergy (including whether the proposed plant is even needed and what the ratepayer impacts might be).

In connection with these legal proceedings, CLF has received and reviewed thousands of pages of evidence, including significant quantities of confidential information pertaining to the Invenergy proposal. CLF urges passage of Senator Fogarty’s bill because it addresses a crucially important issue that is not being addressed anywhere else — and, indeed, cannot be addressed anywhere else: the matter of voter approval for tax treaties.

I respectfully direct your attention to the portion of this bill beginning on page 3, line 34, and running through page 4.

Under long-existing law, R.I. General Laws § 44-3-30, the Town Council of Burrillville has the legal ability to enter into tax agreements, called “tax treaties,” with the proponent or owner of electricity-generating plants within the Town. Senator Fogarty’s bill would make one crucially important change to this law. The bill would retain the long-existing power of the Burrillville Town Council to enter into these tax treaties — but would require voter approval of such treaties.

This bill is good for democratic process.

The only argument that I have personally heard from Invenergy’s lawyers against this provision in the Fogarty Bill is that, by requiring such voter approval for tax treaties, the Bill would stymie any and all infrastructure projects in the state. I was even told that passage of the Fogarty Bill would prevent small projects from going forward at the Johnston Land Fill.

This is untrue. The underlying, existing statute that the Fogarty Bill modifies pertains only to Burrillville, and only to electricity generators in Burrillville. The Bill would have no application and no effect anywhere else in the state.

Moreover, if enacted, the Fogarty Bill would not stop the Invenergy plant from being built — nor even prevent the Burrillville Town Council from entering into a tax treaty with Invenergy. The only thing the Fogarty Bill would do is require that any such tax treaty be voted on by the people of Burrillville.

And, in the event that such a tax treaty were turned down by Burrilliville voters, even that would not necessarily stop the Invenergy plant from being built. The tax treaty that was voted down would not take effect, but Invenergy could seek to negotiate a different tax treaty, or could even build the plant without a tax treaty.

In short, the scare tactics used by Invenergy and its allies to oppose this provision of the Fogarty Bill are just not true.

I want to address one other provision in this bill: the section on page 1, lines 7 to 14, that would enlarge the membership of the EFSB. When this bill was heard in the House Environment Committee on Thursday, May 26, National Grid expressed reservations about expanding the membership of the EFSB, and said that so expanding the EFSB could potentially jeopardize tens (or even hundreds) of millions of dollars of pending infrastructure projects.

CLF has long had reservations about the way the current EFSB is constituted; thus, CLF well understands the impulse to change how the EFSB is constituted. Nevertheless, CLF believes that the most critically important portion of Senator Fogarty’s bill is the portion on page 4 requiring voter approval of tax treaties. For that reason, if there is significant opposition to the provision on page 1 of the bill (changing the membership of the EFSB). CLF respectfully urges that you strip out that latter provision and pass the rest of the bill.

[This post was created with an advanced copy of Jerry Elmer’s testimony for tomorrow’s Senate Judiciary hearing.]

May 31, 2016May 31, 2016

Keable’s Burrillville power plant bill passes out of House committee

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Representative Cale Keable‘s bill to change the make-up of the Energy Facilities Siting Board and give the voters of Burrillville the ability to vote on any tax treaties their town council may enter to with companies interested in building a power plant in their town passed out of committee today on an 11 to 2 vote. Only Representatives Ray Hull and Michael Marcello voted against the bill, heard in the House Committee on Environment and Natural Resources, chaired by Representative Art Handy.

The bill now moves to a full House vote, possibly as early as Thursday.

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.

The bill, if it becomes law, will allow voters in Burrillville the ability to check the power of their Town Council, which has the authority to set the rate of taxes to be paid by Invenergy, which has proposed a fracked gas and diesel oil burning power plant for that town.

The bill, H8240a, is a modified from the version heard in committee last week. The main change is that the number of EFSB members is to be seven, not nine as originally proposed. The original bill included the chairperson of the Commerce Corporation and the director of the RI League of Cities and Towns as board members. These have been removed.

The original bill scheduled the vote on the tax agreement during the next general election. The new bill allows for special elections, to be paid for at the applicant’s expense. Near the end of the bill a section was added, at the behest of National Grid, that would exempt any transmission line project that was filed with the Energy Facility Siting Board prior to June 1, 2016.

The bill now heads to the House for a full vote by the chamber.

Meanwhile, the fate of the Senate bill, S3037, which has been referred to Senate Judiciary, is unknown. The bill awaits being heard in committee and time is running out in this session to pass the bill. The bill was introduced by Senator Paul Fogarty.

May 27, 2016

Keable’s Burrillville power plant bill due for Tuesday vote

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2016-05-26 Burrillville at the State House 025 — Cale Keable

Rep Cale Keable‘s bill, H8240, which would give the voters in Burrillville the ability to approve or reject any tax treaty the town council negotiates with Invenergy concerning the proposed fracked gas and diesel oil burning power plant, is due for a vote Tuesday at the rise of the House. The bill was placed on the calendar late Friday afternoon.

The bill was heard in committee on Thursday, after a large rally attended by residents of Burrillville and environmentalists in favor of the bill. Business and labor interests oppose the bill. The building trades hoped to secure over 300 jobs with this project.

Senator Paul Fogarty has entered a companion bill in the Seante, S3037, which is currently awaiting a hearing in Senate Judiciary.

May 27, 2016

State House rally against Burrillville power plant disrupted by union members

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The State House rally against Invenergy‘s proposed fracked gas and diesel oil burning power plant became confrontational as counter-protesters, identifying themselves as Building Trades union members, disrupted the proceedings by holding signs in front of speaker’s faces and attempting to grab the microphone. The rally was planned by Keep Burrillville Beautiful, made up of Burrillville residents, who are “against the unnecessary industrialization of our town by the proposed power plant.”

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

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

You can watch some of it in the video below.

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

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

You can watch the first part of the rally below:

May 24, 2016May 24, 2016

Burrillville flipping the script on proposed power plant

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The people of Burrillville realize something about the the Energy Facilities Siting Board (EFSB), that Margaret Curran, who chairs the board, does not. During Monday night’s public comment meeting, held to decide the fate of of Invenergy’s proposed fracked gas and diesel oil burning power plant, Curran several times tried to stop the crowd from rising and cheering and clapping when someone from the public made a particularly smart or heartfelt point during their five minutes before the board. Other times Curran would attempt to cut speakers off, even as the crowd became agitated and yelled, “Let them speak!”

“You’re taking time from other people by going over your time limit,” Curran would say, but Curran didn’t seem to realize that the community of Burrillville is united. Everyone who rose in opposition to the power plant speaks not just for themselves, but for everyone.

Burrillville itself is speaking through its people, and the Town is saying “No.”

This became very clear when Jennifer Bailey rose, and respectfully requested that her time be give the RI State Senator Paul Fogarty. Fogarty and State Representative Cale Keable have been publicly against this power plant for some time. Last week Keable introduced legislation that would make the approval of the power plant much less likely. Fogarty will introduce the Senate version of the bill today.

As Fogarty approached the podium, the crowd rose in a standing ovation. Fogarty noted the large crowd in the auditorium and the large crowds at previous events as proof that the citizens overwhelmingly don’t want the power plant.

“In all my time as State Senator from Burrillville, I can honestly say I have never seen the citizens come out so strongly and so passionately against something as they have against this proposed power plant.”

Fogarty also noted that the decision to site the power plant in Burrillville falls to “three people who don’t have a stake here.”

“One is from Barrington, one from Providence, and a third person literally just parachuted in from Bridgeport, Connecticut. Shaping the future of Burrillville should belong to the residents of Burrillville and no one else.” Parag Agrawal, the new Associate Director at the RI Division of Planning, and the third member of the EFSB, is from Bridgeport.

This earned Fogarty his second standing ovation. He received a third as he finished.

This is the second thing Margaret Curran doesn’t seem to understand about this phase of the proceedings that the residents of Burrillville have figured out. The EFSB comports itself as a quasi-judiciary body, carefully collecting and evaluating evidence, testimony and reports before rendering a final decision. Yet ever since Invenergy announced the plant with the strong and unwavering support of Governor Gina Raimondo, the building of the plant has appeared to be a done deal, and all the EFSB hearings have been seen as little more than political theater.

The residents of Burrillville, conscripted as actors in this this production, are changing the script even as the play is being performed. The production is going awry, and getting it back on course may prove to be impossible.

As Fogarty left the podium Curran noted that the next speaker, Jeremy Bailey, had spoken at previous meetings. “Didn’t you already speak?” she asked.

“I have a lot to say but I’m going to respectfully yield my time to our [State] Representative Cale Keable,” said Bailey.

Another standing ovation. Cable wore a green “No New Power Plant” shirt. Last week he introduced legislation in the General assembly that gave more power to the residents of Burrillville concerning any potential tax treaties their Town Council might negotiate with Invenergy. The legislation, if passed, would make the building of the power plant much less likely.

“We ask the board for one simple thing,” said Keable, “Please, let us alone.”

In all, 38 people spoke during the meeting. Five spoke in favor, 33 spoke in opposition.

David Esten spoke in favor.

John Scott brought up Flint MI., asking “What judge is going to authorize opening a poison well?”

“Governor Raimondo talks about tourism,” said Scott, “Our tourism is camp grounds.”

Ken Putnam Jr is about to be a great grandfather. He said, “I don’t talk like this. A lot of people can’t take the time out to come here. Kill this plant. We don’t need it.”

If Invenergy can’t get the date right for a flier, how are they to be counted on to build a power plant, asked Erin Olkowski.

Stephanie Sloman is an environmental engineer. She strongly believes in integrity. “I found a multitude of contradictions in Invenergy’s application… the plant will use natural gas as long as it is economically feasible. We know what this means… the plant wants to use 19 percent aqueous among a because at 20 it has to be monitored by the DEM.”

“When a monster comes into my house, I have to do everything in my power to slay it,” said Sloman, “my home is not just Burrillville, not just Rhode Island, or even the United States, my home is the world.”

Anita Bevans said Invenergy mislead the town when they said they would conform to local laws. In their application Invenergy said they would defer to state and federal laws.

Jaimie Tessier said that her morality was questioned at the first meeting when a union member said that she would sell out he home for money. Keeping her son, who has a medical condition that keeps him on a respirator full time, is her highest priority she says. “That’s where my morals are. Where are yours?”

“I voted for Gina Raimondo,” sais Frances DiPoiceglia noting they share a common heritage and upbringing, “but after a couple of years, I don’t think I’d vote for her again.”

“Fracking is not needed, and it’s not cool.” Says Frances DiPoisceglia. “We reject the Invenergy power plant.”

Judy Aubin said that she does her due diligence when she is on a board. “I know for a fact that you are over ruled by Gina Raimondo.”

Burrillville doesn’t need industry, said Aubin. The people live here because it lacks industry.

“These people wouldn’t mind a little raise in their taxes to avoid this power plant.”

“I am unaware of any environmental policies recommending the use of natural gas power plants,” said James Libby.

Terri Lacey asked how an area can go from environmentally spectacular and beneficial, as mentioned in a piece by RIDEM’s Janet Coit, to suitable for a polluting power plant.

Earl McWilliams believes that Invenergy has a series of plan B’s in mind for their power plant. He read the application to mean that Invenergy is not responsible for properly cleaning the MTBE water. Once built, if Invenergy needs more water, he sees the company tapping Wall Lake.

Brian Sclofield has a 4 year old daughter and 1 year old son and refuses to take on significant health risk to his children from the proposed plant. If the plant is built it’s not a matter of if, but when he will move.

Lawyer Barry Craig said Invenergy not assuming liability for the MTBE well when opened is grounds for dismissing the application.

“There isn’t a pipeline in this world that doesn’t leak,” said Craig, “We need eco-terrorism insurance in place… There is plenty of clean energy supply out there. There is no immediate need for this plant.”

Christopher Aubin recalled that Invenergy’s Director of Development John Niland said that last year was so mild he wouldn’t have needed to use oil. But diesel fuel breaks down. There’s no way it wouldn’t be burned. “You’re lying!” said Aubin.

“Big companies don’t care about the small people,” said Aubin, “Once you get this plant hooked up, John Niland, what’s your bonus?”

Kevin Frenette wanted to know if the EFSB can help people who are being impacted by these big energy projects. He managed to get Janet Coit to respond, but she still wouldn’t address his concerns.

“So we just get to tell you how we feel and that’s it?”

Meg Curran responded, by saying she can’t respond.

“Your time is up,” says Curran.

The crowd boos.

Leigh Gilbert is in favor of the plant and that said the town needs money, so the town needs the power plant. The crowd tells him to sit down.

Roy Colombe is for the project.

Greg Mancini, a lawyer for the Building Trades, said that many members won’t speak tonight because of the hostile environment created by the opposition. He mentioned the First Amendment and a chilling effect.

Andrew Hessler, 17 years old, said Gina Raimondo is all about fracked gas since Goldman Sachs wrote her a big check. She used to be for renewables. An impressive testimony.

Governor Raimondo, “has a chance to be on the right side of this issue,” said Burrillville resident and Teamster Ron Lizotte.

“My son was affected by MTBE I’m the water,” said Norman Desjarlais, “my grandson is on chemotherapy, which doctors have linked to gas additives.”

Paul Lander of the RI Carpenters Union is for this project, but he was very impressed with the Burrillville resident’s knowledge and passion. He says that we need to hold Invenergy’s feet to the fire.

Stacy Slekis objected to the power plant. She brought a picture from her daughter, asking the EFSB not to “mess up” our town.

Don Allen said if you could pick the worst place to place a power plant based on prevailing winds, Burrillville would be the worst.

“We’re vetting this Governor after the fact,” said Allen, “she has an agenda.”

Lisa Petrie, arrested at the State House protesting the Invenergy power plant, says the goals of the Resilient RI Act van’t be met if this power plant is built.

“We need dramatic cuts in our greenhouse gas emissions starting now, not ten years from now. Now,” said Petrie.

“Prisons create jobs. Wars create jobs,” said Lisa Petrie, “but we can create more jobs through renewable energy.”

“There is no such thing as a clean fossil fuel power plant,” said Mike Lamoureux, “You can tell by all the permits needed to build one.”

Chair Curran asked Paul A. Roselli not to speak, since he had spoken at a previous meeting. “If I had been told that before hand,” said Roselli, “I wouldn’t have put my name on the list. But since I wasn’t, I’d like to speak.”

Cynthia Crook-Pick wanted to speak plainly to the EFSB. The fact this board is the only body that can make this decision is against the principles of democracy and all that this country stands for, she said.

Debbie Krieg told of the battle to close the MTBE well, and worries that “this monster” will be unleashed when Invenergy uses the well water to cool the plant. There has been no site every cleaned up as Invenergy claims it can do.

New to this area, Ewa Roselli says she is really impressed with this community and she is eager to make friends. She asked Invenrgy, “Do you hate us? Why are you wanting to hurt us? How many people here would protest solar?”

“Nobody!” says the crowd.

Deborah Yablonski is from NYC but she’s a Burrillville farmer now. She raises chickens and goats. “I became a steward of the land.”

Thomas Trimble has a map that shows a nature corridor that runs from Canada to Burrillville. The power plant is right in the middle of this corridor.

Lynn Clark said the plant is being proposed for the heart of Burrillville’s forested area. It will have a “direct, negative impact.”

Justin Kelley, from the Painter’s Union, is a friend of mine. He supports this plant. “I’m the guy who looks in the workers eyes when they can’t pay their bills or are evicted from their homes.”

Donald Champiany read Invenergy CEO’S own words against him. Brilliant.

May 19, 2016May 20, 2016

Keable, Fogarty propose changes to power plant approval rules in Burrillville

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After a meeting with Governor Gina Raimondo, Rep. Cale Keable and Sen. Paul Fogarty introduced legislation that would give residents in Burrillville the ability to vote on “any tax agreement negotiated between the Burrillville Town Council and the developers of a proposed power plant in town be subject to voter approval.” Keable and Fogarty represent voters in Burrillville.

On Facebook, Keable described Raimondo as “gracious.” According to Keable, “We re-iterated the points in our letter to the [Energy Facilities] Siting Board (EFSB) and asked her to use the power of her office to stop the power plant. She listened to each of our concerns and stated that she is currently planning a meeting in Burrillville to hear directly from the people. She asked good questions about our concerns and showed an understanding of the issues. I came away from the meeting believing that she has real concerns about this project’s impact on water, children and the environment.”

Keable and Fogarty also gave the Governor a pile of emails, petitions and correspondence from Burrillville residents opposed to the power plant, as well as a bumper sticker, tee shirt and a lawn sign. (see picture)

In addition to allowing Burrillville residents the ability to vote on tax treaties negotiated by the Town Council, the legislation also makes changes to the EFSB. The number of seats on the board would be increased from three to nine members, including the chairperson of the Commerce Corporation (the state’s economic development agency), the general manager of the state Water Resources Board, the director of the Rhode Island League of Cities and Towns, and three members of the public.

In addition, of the three members of the public, “one must be experienced in environmental issues, one in energy issues and one in labor issues,” and “None must have received a significant portion of their income in the previous two years from the developer of an energy facility or an electric, gas or oil company.”

A final feature of the bill mandates that the EFSB must take into consideration “any resolution regarding” applications for new power plants.

You can read the full press release here:

Rep. Cale P. Keable and Sen. Paul W. Fogarty are introducing legislation to require that any tax agreement negotiated between the Burrillville Town Council and the developers of a proposed power plant in town be subject to voter approval.

The legislation, which emanates from Invenergy’s pending proposal to build a 1000-megawatt, fracked gas power plant in Pascoag, was introduced in response to the frustration expressed by residents and elected officials of Burrillville and across the state regarding their lack of input into the approval process.

“The people of Burrillville are the ones who will lose our unspoiled woods and instead get pollution, risk to our water supply, traffic and noise. We deserve a say in the matter, and this is one way to provide it,” said Representative Keable (D-Dist. 47, Burrillville, Glocester).

The legislation, which was introduced in the House today and is expected to be introduced in the Senate next week, would alter an existing state law that applies only to Burrillville and was enacted in 1987 to allow the town to negotiate a tax treaty with Ocean State Power, the 560-MW power plant in Burrillville that began operating in 1990.

Representative Keable’s and Senator Fogarty’s legislation adds a clause to the law that would subject any such tax agreement to a binding referendum of town voters. If that referendum can’t be held at the same time as a regular election, the entity proposing the plant would be required to pay the town’s costs of holding it.

“The people of our districts have spoken loud and clear. However, under current law, all they can do is ask for consideration from those who get to make the decision. That’s not right, and we intend to do something about it,” said Senator Fogarty (D-Dist. 23, Glocester, Burrillville, North Smithfield). “Every single voter in Burrillville deserves the opportunity to have a real say in whether they are going to host another power plant.”

The legislation also adds to the membership of the Energy Facilities Siting Board, currently a three-member panel that includes the chairperson of the Public Utilities Commission, the director of the Department of Environmental Management and the state associate director of administration for planning. The bill adds six new members: the chairperson of the Commerce Corporation (the state’s economic development agency), the general manager of the state Water Resources Board, the director of the Rhode Island League of Cities and Towns, and three members of the public. Of the members of the public, one must be experienced in environmental issues, one in energy issues and one in labor issues. None must have received a significant portion of their income in the previous two years from the developer of an energy facility or an electric, gas or oil company. The sponsors say the change would add diverse viewpoints to the board so decisions about power plant locations are made with careful consideration toward the environment and natural resources, the state’s business development strategies, the needs of cities and towns and the opinions of residents.

The bill also adds a requirement that prior to issuing any decision on an application for a power plant, the EFSB must take into consideration any resolution regarding it.

May 9, 2016May 10, 2016

Raimondo agrees to meet with Burrillville residents about power plant

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Governor Gina Raimondo agreed to meet with Burrillville residents about the proposed Invenergy power plant Monday evening after Kathy Martley, a Burrillville resident and founder of BASE (Burrillville Against Spectra Expansion) invited her. Raimondo was in Warwick, at the Veterans Memorial High School, as part of her “series of community conversations” around issues of job training. As the question and answer period began, Martley rose to give the Governor a flower and a card and invite her to Burrillville to discuss the power plant.

“We have a lot of worries about it,” said Martley.

Raimondo took Martley’s card and said, “Yes. I will do it… if you will host me at a community meeting in Burrillville I’d be very happy to do it.”

Raimondo has been an unwavering supporter of the fracked gas and diesel oil burning power plant since the plan was announced back in August of last year.

Before the event started, outside the entrance to the school, members of BASE approached Representative Joseph Shekarchi, who doesn’t think the RI House will be voting on the plant, but said he is very close to Burrillville Representative Cale Keable and that he would support Keable’s opposition to the plant. Keable, along with Burrillville State Senator Paul Fogarty, wrote a strong letter to the Energy Facilities Siting Board (EFSB) in opposition to the plant. The EFSB has the ability to approve or reject Invenergy’s application.

In a Facebook post Keable wrote:

I have been exploring legislative possibilities with the State House legal staff. As the application has already been submitted, there are significant legal hurdles to simply “stopping” the plant. There is no doubt we could seek to change the law for future applications. We will continue to explore all possibilities. Legislation will be introduced shortly and there will be a public hearing scheduled at the State House. We are looking at requesting this hearing on the same day as a planned rally at the State House designed to let the Governor hear our voices. More on that as soon as I know.

On Tuesday, May 10 the EFSB will be holding the second half of its first public commentary hearing, starting from 6:00 PM to 10:00 PM in the Burrillville Middle School Auditorium, 2200 Broncos Highway, Harrisville.

On Wednesday, May 11 the Burrillville Town Council will have its regular meeting at 7:00 PM in the Town Council Chambers, 105 Harrisville Main St., Harrisville. It is unclear whether any of the business or public comment will concern the proposed power plant.

May 3, 2016May 4, 2016

Burrillville Town Council has absolute authority to set Invenergy tax rates

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On January 14, 2016, the Rhode Island Supreme Court ruled that wind turbines are manufacturing equipment and therefore exempt from local property taxes under state statute. The decision in DePasquale v. Cwiek developed the legal view that wind turbines are, “used exclusively for the purpose of transforming raw material—wind—into a finished product—electricity—and as a result the taxpayer meets the definition of a manufacturer, making the turbine eligible for tax-exempt status.”

If turning wind into electricity is a tax free proposition, it logically follows that turning “natural” gas into electricity would be as well. For instance, Invenergy‘s proposed $750 million fracked gas and oil burning plant in Burrillville, may well have been a tax free proposition for the company under this ruling.

Fortunately, there is a specific statute to the contrary, R. I. Gen. Laws § 44-3-30:

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

All well and good then. The Town Council of Burrillville has the absolute right to set the taxes for the proposed Invenergy plant at any level they wish “notwithstanding any other provisions of the general laws”. They could set the tax rate at $1 a year or a $100 million a year. In fact, if the Town Council were truly interested in stopping the proposed power plant, they could simply set the tax rate at $100 billion per year. It would stop the development cold.

Let me repeat: Despite the RI Supreme Court ruling, the Burrillville Town Council has absolute authority to set the tax rate for the new power plant at whatever level they wish.

Yet that is not how Town Manager Michael Wood and Burrillville Town Council solicitors Oleg Nikolyszyn and Michael McElroy seem to have reacted to the court’s ruling. Instead, the Burrillville Town Council, at a special meeting on February 23, asked Reps Cale Keable and Brian Newberry, as well as Senator Paul Fogarty, to “make sure that the existing [state level] legislation [cited above] we have will allow for the siting and construction of the new power plant in the town.”

Though it is apparent that Keable, Newberry and Fogarty didn’t make any changes to RI State Law 44-3-30 concerning power plant taxation and that no changes were necessary, that isn’t the only change the Town Council asked their state representatives to make regarding the state law around power plants. About a month earlier, at a January 27 Town Council meeting and two week after the RI Supreme Court ruling, a resolution was unanimously passed by the Burrillville Town Council to “respectfully request that our legislative delegation introduce legislation” to amend R. I. Gen. Laws § 44-3-9.3, which governs “exemption or stabilizing of taxes on qualifying property used for manufacturing or commercial purposes.”

According to the minutes of the meeting, the motion to vote on the request to change the law was made by Councillor David Place, who has announced his run for State Representative against Cale Keable.

What is the major change in the law requested by the Town Council? The addition of the word “manufacturing” over and over again within the statute, expanding the range of the statute to make sure that power plants (which could be classified as manufacturers now) are covered. Now again, changing this law is not necessary in order for Burrillville to have full control over the taxation of the proposed Invenergy plant, and the Town Council never mentions Invenergy or manufacturing when discussing this resolution prior to passage. But the timing of this requested change is suggestive.

If this request was in response to the RI Supreme Court decision, it demonstrates that the Town Council was aware of Invenergy’s plans in January, not February, as previously demonstrated. Like the February request for changes in the General Laws, this request was also ignored by Keable, Newberry and Fogarty.

Whether or not the Burrillville Town Council, Town Manager and legal counsel worried about the DePasquale v. Cwiek decision, it is apparent that they have been keen to make sure that the RI General Laws are in their favor and that the court’s decision will not apply to their town or to the Invenergy plant.

But it’s also hard to believe that the Town Council is interested in stopping the power plant’s construction. If they wanted the plant stopped, they simply have to propose a prohibitively high tax rate, one Invenergy could not afford. Cale Keable, as reported by several Burrillville residents, is correct when he says that the power to stop this plant rests with the Town Council. Sure, the Energy Facilities Siting Board has the power to approve the plant, but the Town Council has the power to make the plant so unprofitable that Invenergy will never bother building it.

April 17, 2016April 29, 2016

Burrillville Town Council knew about power plant plans in February 2015

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2015-02-23 Fogarty Keable Newberry — Fogarty, Keable and Newberry

At the most recent Burrillville Town Council meeting, Council President John Pacheco said that “As a town council, we did not know this plant was actually going to happen until the Governor announced it.”

Pacheco was not quite telling the truth.

Videos from February and March 2015 town council meetings show that local elected officials – both the council and legislators – have been paving the way for the controversial Invenergy power plant for months before Governor Gina Raimondo officially announced the project, contrary to recent statements by the Council President.

Governor Gina Raimondo announced Invenergy’s plans to build another power plant in Burrillville on August 4, 2015. The town council met with local legislators Paul Fogarty, Cale Keable and Brian Newberry to discuss the idea seven months earlier.

On February 23, 2015 Burrillville Town Manager Michael C Wood, at a “special meeting” of the town council, said, “We’ve had some conversation. There’s the potential for a new power plant to come to Burrillville.” Present at this meeting was the entire Town Council except for Stephen Rawson and Donald Fox.

This special meeting was between the town council and state Senator Paul Fogarty, Representative Cale Keable, and Representative Brian Newberry. The meeting was held to discuss state level legislation of interest to the town council with their state representatives.

Wood told the council and legislators he wanted to “make sure that the existing [state level] legislation we have will allow for the siting and construction of the new power plant in the town.” The legislation concerns Burrillville’s ability to enter into tax agreements with power companies and can be seen here.

“It would be appreciated, Cale,” said Wood, talking to Rep Keable directly, “making sure that that legislation, as written, will allow the town to potentially entertain the possibility of a new power plant.”

“Okay,” said Keable, “We’ll look at that.”

As can be seen from this screen shot from earlier in the video, this meeting was poorly attended.

At another “special meeting” on March 18, 2015, Town Councilor Stephen Rawson talked about Burrillville water contaminated with MTBE. Several years ago some of the well water in Burrillville was contaminated with MTBE, a virulent carcinogen that some residents say sparked a cancer cluster in the town. The water that Invenergy wants to use for its cooling system will come from this MTBE contaminated well water.

Though Invenergy claims the water will be filtered and the water will be pure enough to dump in the Clear River when they are done, no one seems quite sure if the science adds up. Note also that as far as I have been able to tell, no one has attempted to use MTBE contaminated water to cool a power plant before.

In the clip below, Rawson says that, “Years ago Mike [Town Manager Michael Wood] had tried to make a proposal, and it was a good one, to run that water up to the [Ocean State] power plant as cooling water so the wells would be flushed and probably get rid of the MTBE that’s in the ground water.”

Rawson notes that Harrisville, which has authority over this situation, blocked this proposal.

Town Councillor David Place then says to Wood, “you and I had that discussion with that new power plant going in, of bringing back that idea of running a line to the new power plant and doing the exact same thing when that new power plant comes in. I think you said that that discussion had come up.”

“They have already reached out to Mike Kirkwood [General Manager of the Pascoag Utility District],” said Wood, “I don’t know about Harrisville…”

“They shouldn’t be involved at all,” said Place, because the wells and siting of the power plant will be entirely inside Burrillville, and Harrisville will have no control over the decision.

“To get to your point, Steve,” continued Wood, addressing Rawson, “that probably will happen, and that will help the well situation…”

Later in the same meeting Town Manager Wood says, “We need to set up something, maybe not right now, to deal with the new power plant… some professional help… to negotiate a deal with them.”

“How soon is that going to be done?” asks Council President John Pacheco.

“Not right away,” answers Wood, “But it should be on our radar screen. Probably within a year.”

“I’m sorry,” says a female town councilor (either Kimberly Brissette Brown or Michelle Bouchard), “What power plant are you talking about?”

“Invenergy,” answers Wood, spelling it out for clarification. “I-N-V-E-N-E-R-G-Y.”

The discussion then turns to the protesters who walked 28 miles, from Burrillville to Providence, in protest of the expansion of the compressor station in Burrillville. Wood laughs when he is asked, “Did those protesters ever make it to Providence?”

Contrary to Council President John Pacheco’s statement last week, the videos make clear that not only was the town council, as a whole, aware that Invenergy was planning to build a power plant in Burrillville, they have been actively involved with the project for months prior to its public announcement.

It also appears that Town Manager Michael Wood suggested the idea of using the MTBE contaminated water to cool the plant, one of the most controversial and potentially dangerous aspects of the plan. If the water isn’t filtered properly or cannot be filtered, dangerous levels of MTBE water will be dumped into the Clear River or released as airborne steam, potentially threatening the health and safety of thousands of Rhode Islanders.

At no time is the idea of not bringing the new power plant to Burrillville discussed by the Town Council. The idea of opposing the plant never seems to have occurred to them.

Many voters in Burrillville are aware of these videos and their faith in their Town Council and state representatives has been severely challenged or even shattered.

April 7, 2016May 3, 2016

Is Raimondo’s power plant support softening?

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In light of the letter to the Energy Facility Siting Board (EFSB) from Representative Cale Keable and State Senator Paul Fogarty expressing “unequivocal opposition” to the new “1000-megawatt, fracked gas power plant in the heart of Burrillville’s idyllic village of Pascoag” I reached out to the Invenergy‘s earliest booster, Governor Gina Raimondo for comment. Raimondo spokesperson Marie Aberger responded (italics mine):

The Governor and her team are closely monitoring the plans and listening to community feedback and concerns. We will be learning more about the health and environmental impacts of the plans as the Energy Facility Siting Board continues its review of the proposal, and reviewing those impacts carefully.

“At the same time, the Governor believes we need to take action to address our energy costs in the present for all Rhode Island families and businesses. A large part of the Governor’s strategy is to adopt new solutions that will lead us to a cleaner, more reliable energy system in the future, including offshore wind and solar power.”

It’s difficult to tell if this statement shows a softening of the Governor’s position on the plant, which she called, “something that’s good for Rhode Island” when she announced the project in July of last year. Since she announced the plant Raimondo has been petitioned by environmental activists to change her position and has been confronted by sign carrying protesters at many public events.

But recently opposition to the plant has been building Burrillville, where residents are facing potential economic and environmental disaster due to the plant. Hundreds showed up at a community meeting with Keable and Fogarty at the Jesse Smith Memorial Library in Burrillville and hundreds more came out to the EFSB public hearing at the Burrillville High School. The political pressure is intensifying and many residents feel that Raimondo talk about being an environmental champion rings hollow given her support.

It was perhaps because he wanted to protect his status as an environmental champion that Senator Sheldon Whitehouse went from supporting the plant in an interview with Channel 12’s Ted Nesi to claiming that he can’t oppose or support the plant for political reasons in an interview with Bill Rappleye of Channel 10.

It turns out you can’t support the environment and fracked methane.

Still, Raimondo’s statement said that she’s “listening to community feedback and concerns” so that seems to mean that she needs to hear from people opposed to this plant and who want to see Rhode Island embrace a clean energy future. Given that, here’s the governor’s address, phone number and a link to the Governor’s contact page:

Office of the Governor
82 Smith Street
Providence, RI 02903

Phone: (401) 222-2080

http://www.governor.ri.gov/contact/

April 7, 2016May 3, 2016

Burrillville legislators oppose Invenergy’s fracked gas power plant

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Brian Newberry, Cale Keable, Paul Fogarty

Sen. Paul Fogarty (D-Dist. 23, Glocester, Burrillville, North Smithfield) and Rep. Cale Keable (D-Dist. 47, Burrillville, Glocester) announced today their unequivocal opposition to Invenergy’s application to construct a 1,000-megawatt, fracked gas power plant in the heart of Burrillville’s idyllic village of Pascoag.

In a letter to the state’s Energy Facilities Siting Board, the Burrillville legislators stated that their opposition was the result of lengthy discussions with their constituents.

“As an initial matter, it must be stated that Burrillville has already done more than its fair share for the cause of the region’s energy needs,” Senator Fogarty and Representative Keable wrote in their letter.

“As you know, Burrillville already hosts a fossil fuel burning power plant and has done so for over two decades. Siting a second power plant in the same town does not comport with any rational notion of fairness. More importantly, having two power plants within five miles of one another raises serious concerns regarding cumulative negative health effects,” the letter continued.

“Additionally, the very residents who would be impacted most adversely by the proposed power plant have already endured – and continue to endure – the extreme inconvenience of a gas pipeline compression station located directly adjacent to the proposed site of this power plant. These residents have sacrificed enough of the quiet enjoyment of their homes. No more should be asked of them. We certainly should not ask them to suffer the loss in market value to their homes that the siting of this power plant would entail,” stated the letter.

In their letter, Senator Fogarty and Representative Keable noted that Burrillville and neighboring Glocester contain many of Rhode Island’s natural resources – a significant reason that so many people have chosen to live in those rural towns. The George Washington Management Area, Casimir Pulaski Memorial State Park, the Buck Hill Management Area, and the Black Hut Management Area are all in the immediate vicinity. There are also in the immediate vicinity numerous pristine bodies of water including Wilson’s Reservoir, Wakefield Pond, Round Lake, Wallum Lake, Pascoag Reservoir/Echo Lake, Pulaski Pond, Bowdish Reservoir and Lake Washington.

In regard to these natural resources, Representative Keable and Senator Fogarty stated that, “[t]o put these natural resources at risk by siting a colossal power plant in the middle of them would be unconscionable.”

Senator Fogarty and Representative Keable made a strong case in their letter that the proximity of Zambarano Hospital to the proposed power plant makes the location an especially bad idea.

The letter states, “[W]e view as sacrosanct our obligation to speak on behalf of the patients at Zambarano Hospital, many of whom lack the capacity to speak on their own behalf. Our friends at Zambarano Hospital are the very people that government exists to protect – government should not now put them in harm’s way.”

“Our concerns with regard to Zambarano are twofold. First, the hospital’s water supply is drawn directly from Wallum Lake. That water supply must be protected. Second, in the event that there were a catastrophe at the proposed power plant, it seems highly unlikely that the nearly 120 patients at Zambarano could possibly be evacuated in a safe manner. We understand that he likelihood of this contingency is low. Should it come to pass, however, the humanitarian crises it would create would be unfathomable.”

The letter also focused on the negative impact to the nearby town of Glocester and village of Chepachet.

“For our Glocester constituents, this proposed power plant promises only burden, without any corresponding benefit. For example, we have serious concerns that during the proposed construction of this power plant traffic flow through the historic village of Chepachet would be unworkable. The village of Chepachet is already burdened with heavy traffic during peak times.”

The letter noted that the traffic and congestion concerns will also be a problem for Burrillville residents.

“Our concerns regarding traffic extend not only to Glocester, but also to Burrillville and in particular to those living on Route 100. Obviously, the sheer amount of heavy traffic that would be involved in building the proposed power plant would be incredibly burdensome for anyone living on Wallum Lake Road. Our peaceful town would be subjected to nuisance activity of all kinds: congestion, noise, light, and, in all likelihood, dropping property values.”

Representative Keable and Senator Fogarty also took note that they both voted to support the Resilient Rhode Island Act of 2014 which calls for reductions of greenhouse gas emissions by 25 percent below 1990 levels by 2025, 50 percent below 1990 levels by 2035, and 85 percent below 1990 levels by 2050. They noted that the proposed power plant is in likely violation of the Act by furthering the state’s reliance on fossil fuels.

[from a press release]

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