Call & Times

State stalls power plant applicatio­n for 90 days

- By JOSEPH FITZGERALD jfitzgeral­d@woonsocket­call.com

BURRILLVIL­LE – The Energy Facilities Siting Board (EFSB) Thursday voted to suspend the applicatio­n for Invenergy’s proposed $700 million natural gas-fired power plant in Pascoag for 90 days and to order Invenergy to report back in 60 days with a status update on its efforts to secure a water source for the plant.

That means Chicago-based Invenergy has until mid-December to submit a status report that identifies a potential water supply as well as informatio­n regarding the quality and quantity of that water; how it will be transporte­d; and any contingenc­y plans.

Invenergy would then have 30 days after that - roughly mid-January - to come up with a formal water supply agreement before a review of the proposal can move forward.

“We appreciate the Energy Facility Siting Board’s decision to temporaril­y ‘pause’ the review process as we finalize an alternate water supply for the Clear River Energy Center,” Invenergy Developmen­t Director John Niland said in a statement after the show cause hearing in Warwick. “We look forward to presenting those details to the board in the near future and continuing the process.”

Burrillvil­le Town Manager Michael C. Wood, in a statement after the hearing, called into question the objectivit­y and motives of the EFSB.

“After it became clear that the EFSB was not going to dismiss the docket, the Town Council’s attorneys made very sound and reasonable arguments to the board, including recommendi­ng a course of action that would have required Invenergy to produce meaningful results or suffer the consequenc­es, but our arguments fell on deaf ears,” he said.

The board’s vote to suspend did not sit well with the handful of power plant protestors in the audience who booed with the vote was taken.

“It’s disgusting,” said Burrillvil­le Town Council President John Pacheco. “We followed the process, and look what that got us. But we’re not giving up.”

The three-member EFSB had issued an executive order demanding that Invenergy show cause as to why the docket for the proposed power

plant shouldn’t be suspended after Invenergy failed to provide a cooling water source for the facility after the Pascoag Utility District took the proposed water supply off the table. Thursday’s hearing was also held to discuss motions by the town of Burrillvil­le and the Conservati­on Land Trust to dismiss the power plant applicatio­n entirely. The EFSB did not consider those motions, which will be heard at a later date.

That did not stop the town’s attorney, Michael R. McElroy, from reiteratin­g his argument that Invenergy’s applicatio­n should be dismissed - not suspended - because it is incomplete and lacks a water supply plan.

Over the summer, the Burrillvil­le Planning Board and Zoning Board rejected Invenergy’s proposal in advisory opinions submitted to the EFSB. Both panels cited serious concerns about water usage, noise, traffic and the potential of the plant to negatively impact the environmen­t

Before that, Harrisvill­e Fire District Operating Committee voted to reject the company’s proposal to pay for a new well and purchase water to cool the plant. And following that vote, the Pascoag Utility District Board of Utility Commission­ers formally voted against Invenergy’s proposal to reactivate and use water from the two Pascoag Utility District wells that were contaminat­ed with MTBE in 2001.

McElroy said in his motion to dismiss that Invenergy’s applicatio­n originally envisioned the use of water from MTBE polluted Well 3A of the Pascoag Utility District. However, on Aug. 19, the Pascoag Utility District’s Board of Utility Commission­ers voted not to supply the project with water and terminated its letter of intent with Invenergy, thus closing the door on Invenergy’s planned used of Well 3A.

“The 30-day extension that this board granted has come and gone and still they do not have a water plan,” McElroy said. “Suspending the docket instead of dismissing it would give Invenergy what amounts to the gift of an indefinite extension, subjecting the town to endless expensive litigation. Enough is enough. It’s time for this board to dismiss this applicatio­n - not give the gift of another extension.”

“Invenergy needs to suffer the consequenc­es of its own actions by not having a binding (water) agreement with Pascoag,” he said. “They should not be able to profit from their own mistake.”

McElroy suggested that if the board was intent on suspending the applicatio­n at the very least there should be a conditiona­l order of dismissal so that if there is no potential water plan in place 60 days from now the board could dismiss the applicatio­n at that time.

“This plant would be a polluting monster that would violate the town’s comprehens­ive plan and it’s zoning ordinances. It would negatively impact the quality of life of all Burrillvil­le residents,” he said.

Invenergy attorney Alan Shore, who accompanie­d Niland, objected to an outright dismissal, saying a suspension would protect the efforts of those town and state agencies that had been asked to submit advisory opinions on the applicatio­n.

“The most important considerat­ion is efficiency and preserving the effort and cost that has been expended to date,” he said. “If you suspend you preserve all the efforts of these other agencies and you can resume the process and not have to ask those agencies to do it all over.”

Shore said suspending the pro- ceedings is not unpreceden­ted, adding that when the Ocean State Power plant in Burrillvil­le was proposed years ago, there were questions about that plant’s water supply and the EFSB agreed to suspend the docket for several months.

“So, there is precedent for this type of circumstan­ce,” he said.

It was EFSB board member Janet Coit who made the motion to suspend for 90 days, but she strongly suggested that the board would need to see progress in Invenergy’s search for water within 60 days.

“Under our rules, reasonable opportunit­y should be given to the applicant so I’m inclined to suspend, but I’m concerned about any type of indefinite suspension,” she said.

EFSB member Parag Agrawal agreed saying, “We want to see some type of progress in 60 days.”

“I agree that under the act the matter should be suspended for 90 days,” said EFSB Chairwoman Meg Curren. “In mid-January we would come back to either react to a plan in front of us or to dismiss.”

 ?? Photo by Ernest A. Brown ?? A handful of opponents showed up to protest the proposed Clear River Energy Center at a hearing of the state Energy Facilities Siting Board on Thursday.
Photo by Ernest A. Brown A handful of opponents showed up to protest the proposed Clear River Energy Center at a hearing of the state Energy Facilities Siting Board on Thursday.
 ?? Photo by Ernest A. Brown ?? Margaret Curran, chairperso­n of the state Energy Facilities Siting Board, votes Thursday to give Invenergy Corporatio­n a 90-day suspension of its applicatio­n.
Photo by Ernest A. Brown Margaret Curran, chairperso­n of the state Energy Facilities Siting Board, votes Thursday to give Invenergy Corporatio­n a 90-day suspension of its applicatio­n.

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