Invenergy show cause hearing nixed by EFSB
Decision comes after lawsuit withdrawn and Narragansett Indian Tribe pulls out of water deal
BURRILLVILLE — The state Energy Facility Siting Board has issued an order canceling a show cause hearing that was scheduled to be held next Wednesday after power plant developer Invenergy withdrew one of its lawsuits pending before the Federal Energy Regulatory Commission and the Narragansett Indian Tribe pulled out of an agreement to be a supplementary source of water for the plant.
The EFSB had agreed to hold the hearing for Invenergy to show why its power plant application should not be suspended indefinitely pending the outcome of two FERC lawsuits. The EFSB also had questions about a supplemental water supply deal Invenergy had with with the Narragansett Indian Tribe.
But this week Invenergy officials said one of the FERC lawsuits the EFSB was concerned with had been withdrawn. In addition, the Narragansett Indian Tribe requested
“I must regretfully ask, in the interest of fairness to the continuing progress of your project... that we mutually agree to voluntarily terminate the water supply agreement.” —Narragansett Indian Tribe Historic Preservation Officer John Brown
termination of the water supply deal last week, saying the agreement with Invenergy had caused deep rifts in Tribal leadership. The Tribe’s decision was brought to the attention of the EFSB earlier this week by Invenergy, saying the water supply agreement between Invenergy and the Tribe “has been terminated and is null and void.”
The EFSB said both of those developments rendered the EFSB show cause hearing moot.
The order issued by the EFSB states:
“On Dec. 12, 2017, the Energy Facility Siting Board ordered Invenergy Thermal Development, LLC to appear before the board on Jan. 30, 2018 to show cause: (1) whether the Supplemental Water Supply Plan with the Narragansett Indian Tribe, as submitted, contains sufficient detail for the board to evaluate and/or whether the Sup- plemental Water Supply Plan should not be dismissed from the pending application and (2) whether the application, as submitted, under board Rules 1.5 and 1.6 would be sufficiently changed as to the cost impact on ratepayers so as to require suspension during the pendency of the action before Federal Energy Regulatory Commission filed by Invenergy regarding an ISO-NE tariff.
“On Jan. 22, 2018, Invenergy filed an informational filing with the board notifying the board that its contract with the Tribe had been mutually terminated. On Jan. 24, 2018, Invenergy provided the board with a copy of its motion to withdraw its pending complaint with FERC. Since the issues that were the basis of the show cause hearing no longer exist, the order requiring Invenergy to appear to show cause is vacated as moot.”
The Narragansett Indian Tribe requested termination of the water supply deal with Invenergy last week, saying the agreement with Invenergy had caused deep rifts in Tribal leadership.
John Brown, the Tribe’s historic preservation officer, sent a letter Jan. 18 to Michael Blazer, chief legal officer for Invenergy, saying “I must regretfully ask, in the interest of fairness to the continuing progress of your project, and in order to allow the Tribe to finally resolve matters related to Tribal governance without undue interference by outsiders with their own agenda, that we mutually agree to voluntarily terminate the water supply agreement.”
Invenergy’s first choice for water is the town of Johnston, which plans to resell the company water the town draws from the Providence Water Supply Board. Johnston inked that deal – $18 million for 20 years’ worth of water – in January of last year.
In September of last year, Invenergy identified the Narragansett Indian Tribe as a source for an additional backup or contingent water supply. The Tribe owns and operates its own wells in Charlestown to meet its public supply requirements. The wells obtain water from the aquifer within the southern portion of the Lower Wood Aquifer, located within the Pawcatuck Basin.
As part of the deal with Invenergy, water from the Tribe was to be delivered to the proposed power plant by Benn Water, a second source of water to the plant.
Several weeks later, some members of the Narragansett Indian Tribe protested against their tribal water being sold to Invenergy, claiming the water deal was made illegally without a vote from the tribal body, which violates their constitution.