By
TIM FAULKNER/ecoRI News staff
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| Big issue for Charlestown: did the Narragansett Tribe make a water deal with Invenergy or was the "deal" illegitimate, as Tribal Council member Randy Noka has testified. |
The Conservation Law Foundation (CLF) fired the latest salvo, when
it submitted a memorandum Nov. 14 restating its request that the Energy
Facilities Siting Board (EFSB) require further investigation into the
controversial water agreements and other actions made by Invenergy Thermal
Development LLC.
CLF sited three developments that require more time and
information.
The first is that the EFSB look into the implications of having
only half of the power from the proposed Clear River Energy Center (CREC)
approved for purchase by ISO New England, the operator of the regional power
grid. CLF has interpreted that development as proof that the power plant's
electricity isn't needed in the region and poses constraints on financing for
the $1 billion project.
CLF wants time to conduct more research, get new advisory opinions
from state agencies, and interview expert witnesses.
“Today it is clearer than ever that Invenergy’s proposed fracked-gas and diesel-oil power plant proposal is not viable. The ISO, the operator of the New England power grid, has already disqualified one of Invenergy’s two turbines, and ISO will soon have the power to kick Invenergy’s other turbine out of the market. The ISO doesn’t need Invenergy’s electricity, and no one needs Invenergy’s carbon pollution,” CLF senior attorney Jerry Elmer said.
Invenergy says it doesn't oppose new expert testimony, but
otherwise believes CLF is simply rehashing old arguments. Any questions about
the sale of electricity to the grid through the forward-capacity auction can be
addressed during the final stage of hearings that are
scheduled to begin Dec. 8, according to the Chicago-based company.
ISO New England declined to buy half of the electricity capacity
from the proposed power plant in February 2016 and February 2017.
On Nov. 1, Invenergy announced that ISO New England told the
Illinois energy developer not to bother applying for a third electricity
auction this February. Invenergy noted that the order was the result of
scheduling and permitting delays.
Setbacks in securing a water source for CREC have delayed
construction by at least a year, forcing Invenergy to auction off its promised
energy production for 2019 to another power producer.
Updated advisory opinions were done by the Office of Energy
Resources and the Division of Statewide Planning as a result of changes to the
water plan and therefore new ones are necessary, Invenergy said.
While CLF seeks a delay in proceedings, the town of Burrillville
wants the EFSB to dismiss the power plant’s application because of Invenergy’s
delay in releasing information about the decision by ISO New England to exclude
electric capacity from the upcoming energy auction.
The delay gave Invenergy time to have its consultants write a
favorable analysis of the setback, while the town, CLF and the EFSB were
unaware of the development. The town of Burrillville also accuses Invenergy of
withholding the correspondence from ISO New England explaining the exclusion
from the forward-capacity auction.
“Instead, Invenergy ‘hid the ball’ for its own benefit, and
continues to do so,” according to the town's motion to dismiss.
Burrillville also accuses Invenergy of failing to disclose funding
for the pro-power plant group Rhode Islanders for Affordable
Energy, a coalition of mostly construction, contractors and union
groups.
The motion cites an ecoRI News article that
reported that Invenergy admitted to funding the group. The town says Invenergy
should provide additional information about the funding.
The town also claims Invenergy failed to disclose a deal to buy
water for the power plant from the city of Fall River, Mass., despite,
assurances from Invenergy that no deal exists.
Invenergy disagrees, saying in a filing that no water deal exists
between Fall River and Invenergy, only an agreement to sell water to Benn
Water, the Hopkinton-based water trucking company that will deliver water to
the power plant on a backup basis.
According to Invenergy, “any allegation that Invenergy
'concealed' or 'failed to disclose' any agreement involving CREC’s
contingent/redundant water supply sources is patently false, and reveals the
town and CLF’s true motive in this proceeding — to pursue a disingenuous course
of false accusations, innuendo and 'alternative facts' in the vain hope
that Invenergy will tire of the opponents’ charade and simply go away.”
The EFSB has yet to respond to the motions filed by CLF and the
town of Burrillville. Public hearings about
Invenergy’s water agreement with the Narragansett Indian Tribe are scheduled
for Dec. 5 at the Charlestown Elementary School and Dec. 6 at
Burrillville High School. Both meetings are scheduled to start at 6 p.m.