Call & Times

Invenergy show cause hearing nixed by EFSB

Decision comes after lawsuit withdrawn and Narraganse­tt Indian Tribe pulls out of water deal

- By JOSEPH FITZGERALD jfitzgeral­d@woonsocket­call.com

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But this week Invenergy officials said one of the FERC lawsuits the EFSB was concerned with had been withdrawn.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.

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