Narragansett Indian Tribe contract with Invenergy is
terminated
By Steve Ahlquist in Uprise RI
EDITOR'S NOTE: This article comes from Steve Ahlquist's new website, Uprise RI. Steve has been a frequent contributor to Rhode Island's Future and has appeared often in Progressive Charlestown. He has been covering all aspects of the controversial Burrillville power plant proposal from the start.
Also note that now only Fall River remains as a supplier of back-up water to Invenergy's ill-conceived and unnecessary project.
Despite the end of the threat to Charlestown's water supply, I hope Charlestown residents will continue their opposition to this power plant proposal even though its effects are no long in our backyard. I also hope that Charlestown's non-Narragansett residents will mark the critical importance of the uprising of the Tribal Tribal Council and tribal members against this proposal.
- Will Collette
“…as of January 19,
2018, the Water Supply Agreement between
the Narragansett Indian Tribe and Clear River Energy LLC, executed
on September 19, 2017, has been terminated and is null and void,” writes
attorney Alan Shoer to the Energy Facilities Siting Board (EFSB) on behalf of Invenergy, the
company that wants to build a$1 billion fracked gas and diesel oil burning
power plant in the heart of the pristine forests of north west Rhode Island.
Since the announcement of
the deal between the Narragansett Tribe and Invenergy over the sale of the
water, there has been controversy. The water deal made deep rifts in Tribal
leadership public,
and put the EFSB in the impossible position of having to decide on
issues of tribal sovereignty.
“As you know, a small group of persons
have wrongfully claimed that they speak for the Tribe and have publicly
disavowed the Water Supply Agreement entered into between the Tribe and Invenergy.
While these individuals are not Tribal officials and have been restrained by
the Narragansett Indian Tribe Tribal Court from
representing themselves as such, their statements and actions have created a
significant amount of turmoil in the aftermath of our entry into the Water
Supply Agreement… That turmoil has been exacerbated by individuals outside the
Tribe who are opposed to your project and who are using the actions of this
dissident group as a vehicle for that opposition. It is unfortunate that these
individuals, who clearly have an agenda unrelated to the best interests of the
Tribe and its clear economic needs, have fomented so much dissension.
“At this juncture,
despite our mutual best intentions, it seems clear that the continued existence
of the Water Supply Agreement will do nothing other than to feed this
controversy. While the Water Supply Agreement does not provide for termination
without cause, our dealings have been in the utmost good faith. Therefore, I
must regrettably 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 agendas, that we mutually agree to voluntarily terminate the Water Supply
Agreement.
“We sincerely hope that
we can work with you in some other productive way in the future in order to
bring much needed economic relief to the Tribe.”
Michael
Blazer, Chicago-based lawyer
for Invenergy, writes in reply,
“Thank you for your
letter of this date, requesting termination of the Water Supply Agreement
between the Narragansett Indian Tribe and Clear River Energy LLC. We completely
understand and sympathize with the issues the NIT has had to deal with, as we
have been first hand witnesses to many of those instances which created a
significant amount of turmoil, misinformation and misunderstanding. Although
the NIT WSA was a backup source of water in the very unlikely event that that
our primary and multiple secondary sources were not available, we entered into
the WSA not only as a means to secure an additional possible source but to also
assist the NIT in some economic manner, even if we didn’t use any of the NIT’s
water. The latter sentiment has not changed and we too sincerely hope that we
can work with you in some other productive way in the future in order to bring
much needed economic relief to the Tribe.
“Per your request, this
letter serves as confirmation that the Water Supply Agreement is hereby
terminated, effective immediately.”
Jerry
Elmer, senior attorney
at Conservation Law Foundation (CLF) responded to today’s
announcement, writing, “One of Invenergy’s several untenable plans for
procuring water has fallen by the wayside — another sign that Invenergy is not
yet ready for prime time – and there are more problems ahead for Invenergy’s
other untenable water plans.
For example, Attorney General Peter Kilmartin, Rhode Island’s
top law enforcement official, has recently stated that CLF is correct that
Invenergy’s water contract with Johnston is
illegal, and the Attorney General intends to file an amicus brief in our
pending Superior Court law suit
supporting CLF’s position.
“By withdrawing the
water contract with the Narragansetts, Invenergy may be trying to head off the
Show Cause Hearing at the EFSB on January 30, but the
tactic won’t work. The EFSB will still hold that hearing because
Invenergy’s newly disclosed plan to shift over $100 million to Rhode Island
(and New England) ratepayers is still part of Invenergy’s proposal.”
Statement
from Tribal Council members
“We are pleased to learn
that Invenergy has voided the alleged agreement they supposedly had
with the Narragansett Indian Tribe for the proposed sale of our
tribal water. The sale of water was never legitimate under the Tribal Constitution,
and went against the traditions and values of our Tribe. It was attempted
without the knowledge, much less the required agreement of Tribal Members.
“We are honored that the
vigilance of duly elected Tribal Council members and other Tribal members,
together with support from some allies, has brought an end to this threat
against one of our most precious resources – our water. We look forward to
continuing our internal work to build a healthy democracy and respect for our
laws and the civil rights of all Narragansett Tribal Members.”
Concerned Tribal Members
Darlene Monroe, Member
First Councilman Domingo Monroe
Second Councilman Randy Noka
First Councilman Domingo Monroe
Second Councilman Randy Noka
