By TIM FAULKNER/ecoRI News staff
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| So where is Gina Raimondo on this issue? |
Opponents of the fossil-fuel power plant proposed for the woods of Burrillville, R.I., have a powerful new ally, as Rhode Island Attorney General Peter Kilmartin recently announced his opposition to plans for the state’s largest energy facility.
Kilmartin cited the main
arguments against the Clear River Energy Center (CREC), a $1 billion power
plant that would be fueled by natural gas and diesel oil.
He said the power plant may have been needed when the proposal was announced in August 2015, but rapid growth of renewable energy, mandates for greater offshore wind, and the likelihood of imported hydropower render CREC redundant.
He said the power plant may have been needed when the proposal was announced in August 2015, but rapid growth of renewable energy, mandates for greater offshore wind, and the likelihood of imported hydropower render CREC redundant.
The plant's developer,
Chicago-based Invenergy Thermal Development LLC, however, says the “fast-start”
power plant will take care of intermittency or lulls in the electric grid when
the sun isn’t shining and the wind isn’t blowing. It will also be ready to fill
power needs as older fossil-fuel power plants retire across New England,
according to company officials.
Kilmartin is also siding
with opponents who argue that emissions from the nearly 1,000-megawatt facility
would prevent the state from achieving its greenhouse gas-reductions goals
established by the Resilient Rhode Island Act of 2014. Invenergy
and the state Office of Energy Resources argue
otherwise, claiming the proposed power plant would lower regional climate
emissions.
Kilmartin also takes note of
the two issues most likely to derail the power plant: water and
interconnection. From the outset, Invenergy has struggled to secure a source
for cooling water. Two water boards in Burrillville and neighboring communities
turned down offers from Invenergy to buy municipal water.
Invenergy modified its power-plant design to a costlier cooling system that uses less water, but the out-of-state developer still had trouble securing agreements.
Invenergy modified its power-plant design to a costlier cooling system that uses less water, but the out-of-state developer still had trouble securing agreements.
The town of Johnston
eventually signed a water deal, but it quickly ran into legal trouble with the
Conservation Law Foundation (CLF) and the town of Burrillville. Both charge
that Johnston has no grounds to resell water it buys from the Scituate
Reservoir via the city of Providence.
“The agreement to buy water
from Johnston would be precedent setting, and in our legal opinion, in
violation of state law," Kilmartin said. "Perhaps there is no greater
or important natural resource than water, and the General Assembly foresaw a
century ago the need to properly regulate how municipalities are able to
purchase, use, and sell water.”
The legal arena is perhaps
Kilmartin’s best opportunity to assert the most influence. He intends to file
amicus briefs for the court to consider, in the two lawsuits currently before
Justice Michael Silverstein in state Superior Court.
The state Energy Facilities
Siting Board (EFSB) will weigh the outcome of the court cases in its decision
to approve or deny the power plant. But the three-member board is currently
preoccupied with two lawsuits filed with the Federal Energy Regulatory
Commission (FERC).
The cases brought by Invenergy against National Grid and ISO New England argue that ratepayers should fund the cost to connect CREC to the power grid. National Grid and ISO New England say Invenergy should foot the bill.
The cases brought by Invenergy against National Grid and ISO New England argue that ratepayers should fund the cost to connect CREC to the power grid. National Grid and ISO New England say Invenergy should foot the bill.
At its last meeting, the
EFSB expressed that passing the cost to ratepayers would breach a promise by
Invenergy to pay for the power plant itself. The EFSB is scheduled to decide
Jan. 30 whether the CREC application should be suspended until the FERC cases
are resolved.
“Invenergy is attempting to
have electric ratepayers pick up the tab for the more than $100 million
transmission power line costs that the company had previously promised to
absorb itself," Kilmartin said. "It's a classic bait and switch and
the ratepayers should not be on the hook for it."
CLF and the town of
Burrillville welcomed Kilmartin to the opposition movement.
“Attorney General Kilmartin
has listened to the objections presented by many parties since this ill-advised
proposal was made in 2015 — including 32 Rhode Island cities and towns that
have passed resolutions against the plant. He has clearly done his
homework on this issue and we encourage other public officials to do the same,”
according to a statement from Burrillville officials. “This proposed project is
not viable, not needed, and would negatively impact our state in many
ways. We need to put a stop to it now."
CLF senior attorney Jerry
Elmer concurred.
“CLF is delighted that
Attorney General Kilmartin recognizes that Rhode Islanders should not be
saddled with a huge price tag for a new fossil fuel plant our state doesn’t
need and doesn’t want," he said. "We call on all of Rhode Island's
elected officials to speak out against Invenergy's costly, reckless proposal.”