Burrillville files for intervener status

Move comes as National Grid tries to get EFSB permit for upgrades to support Invenergy plant

BURRILLVILLE — As expected, the Town Council this week unanimously voted to approve town attorney Michael R. McElroy’s recommendation to file for intervener status as National Grid attempts to secure a permit from the state Energy Facilities Siting Board (EFSB) to upgrade and construct new power lines between the Algonquin station and Sherman Farm Road substation to support Invenergy’s proposed 1,000-megawatt power plant in Pascoag.

Filing for intervener status will allow the town to present evidence as to why the National Grid project should be approved or rejected and to appeal in federal court if it opposes the EFSB decision.

National Grid filed its application with the EFSB for the Burrillville Interconnection Project on Feb. 22. It was docketed by the agency on March 24. The EFSB’s first hearing on the application is May 23.

Filing for intervener status will allow the town to present evidence as to why the National Grid project should be approved or rejected and to appeal in federal court if it opposes the EFSB decision. It is up to the EFSB to grant intervener status to those requesting it.

In November, National Grid submitted its 2017 master construction plan to the EFSB which includes the Burrillville Interconnection Project. The utility says the project is needed to support the interconnection of the proposed Clear River Energy Center into the New England electric grid.

Project construction is expected to commence in 2017 and 2018 and includes:

Construction of a new approximately 6.8 mile 345 kV transmission line (3052 Line) from the proposed Clear River Energy to the Sherman Road Switching Station in Burrillville.

Reconstruct approximately 1.6 miles of the 345 kV 341 Line with in the existing right of way to accommodate the 3052 Line.

Relocate approximately 1.6 miles of the

345 kV 347 Line within the existing right of way to accommodate the 3052 Line.

Modify the Sherman Road Switching Station to accommodate the 30 52 Line.

Relocate the last span of the 345 kV 328 Line into the Sherman Road Switching Station to accommodate the 3052 Line.

There will also be several CREC-related network upgrades network upgrades.

Last month, the EFSB voted to ask for five supplemental advisory opinions on a new water supply plan Invenergy is proposing for the proposed power plant.

In addition to the Burrillville building inspector, the Rhode Island Department of Health, Department of Environmental Management, Department of Transportation and Statewide Planning will have four months to provide supplemental advisory opinions to address the impacts of the proposed new water plan and gaps identified in the original advisory opinions.

Specifically, Burrillville Town Building Inspector Joseph Raymond will be asked to provide an advisory opinion on the impact of Invenergy's new water plan and an analysis of additional information submitted by the power company regarding soil erosion, sediment control, stormwater management and building plans.

Meanwhile, Statewide Planning will be asked to address all 18 elements of the state guide plan including environmental issues such as biodiversity, impact on wildlife and ecosystems and recreational considerations.

According to the EFSB’s rules and regulations, agencies asked to submit advisory opinions on an application are allowed up to six months to do so, but the board has decided to ask for an interim status report on the advisory opinions with final reports due within four months.

Several weeks ago, the EFSB unanimously voted to deny separate motions by Burrillville and the Conservation Law Foundation to dismiss Invenergy’s application. The town’s original motion to dismiss was filed in September on the grounds that Invenergy’s application is incomplete and did not include information regarding all required support facilities, including water resources. The EFSB, which will have final say on whether the plant is built, voted a month later in October to suspend the application and ordered the company to report back by Jan. 11 with a new plan to secure water for the $700 million Clear River Energy Center after two water suppliers in Burrillville rejected proposals to sell water.

On Jan, 11, the last day of the suspension period and the day after the Johnston City Council approved a long-term agreement to sell water to the company, Invenergy filed its revised water supply plan.

Meanwhile, the town continues to maintain its position that Invenergy’s new water plan in partnership with the town of Johnston changes the processing methods of the power plant and includes processes that were not known to the town, the EFSB, or the other agencies that provided advisory opinions to the EFSB back in September of 2016.

The EFSB review process now appears to be back on track and headed towards final public hearings. A final public comment hearing will be held sometime during the summer, after the advisory opinions come in, which will be followed by evidentiary hearings that have yet to be scheduled.

The board’s final decision is due within 120 days of the beginning of the final hearings or 60 days after the end of the hearings, whichever is shorter.

The applicant has a 10-day period in which to appeal a final decision to the State Supreme Court, otherwise the decision stands.