Judge rules for Johnston in water suit
Court upholds town’s deal to provide water for Clear River Energy plant
BURRILLVILLE – Superior Court Judge Michael A. Silverstein Tuesday issued a long-awaited ruling, saying state law allows the town of Johnston to obtain water from Providence for Invenergy’s proposed natural gas-fired power plant in Pascoag.
Two lawsuits filed in 2017 by the Town of Burrillville and the Conservation Law Foundation, an environmental advocacy group fighting the power plant project, had both sought the same thing: A declaration from the court that the town of Johnston has no legal right under the 1915 Act to obtain water from the Scituate Reservoir for the power plant.
The town argued in its lawsuit that selling water to Invenergy for use at a power plant is not a use anticipated by the 1915 Act that established the Providence Water Supply.
Both suits were filed after the Johnston City Council approved a long-term agreement to sell water to the company.
According to the lawsuits, the current the version of the 1915 Act provides that certain cities and towns, including the Town of Johnston, ‘shall have the right to take and receive water … for use for domestic, fire and other ordinary municipal water supply purposes.” Johnston’s selling water to Invenergy for
Invenergy to use at a power plant located in Burrillville is not a use by Johnston “for domestic, fire, or ordinary municipal water supply purposes,” the complaints said. “Johnston therefore has no legal right to purchase water from Providence for resale to Invenergy.”
Invenergy’s attorneys argued just the opposite, saying the law makes room for the sale of water for industrial purposes.
In his ruling, Silverstein upheld the water deal between Johnston and Invenergy, saying the water deal constitutes an “ordinary municipal water supply purpose.”
In a statement following Tuesday’s ruling, Invenergy’s chief legal counsel Michael Blazer said, “We appreciate the Superior Court’s review and decision confirming the validity of the water agreement with the Town of Johnston. The project is moving forward as planned.”
Jerry Elmer, a senior attorney for the Conservation Law Foundation, said he is still reviewing the ruling and will make a decision on whether to appeal.
Meanwhile, the town of Burrillville 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 process that were not known to the town, the state Energy Facilities Siting Board, or the other agencies that provided advisory opinions to the EFSB back in September of 2016.
“It’s the town’s position that irrespective of the judge’s decision, Invenergy’s water supply plan for the proposed 1,000-megawatt power plant is inadequate to properly and safely supply sufficient water year-round for the 20-plus year life expectancy of the proposed plant,” Burrillville Town Manager Michael C. Wood said Tuesday. “We are confident that the EFSB will see this charade for what it is.”
The EFSB concluded the final series of public hearings on the power plant earlier this month, which means the board could vote to grant or deny a permit for the plant sometime this summer.