By Steve Ahlquist in
Rhode Island’s Future
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| Narragansett Tribe member Silvermoon LaRose, speaking against the water deal between the tribal government and Invenergy (Photo by Steve Ahlquist) |
In his motion to
intervene, Charlestown Town Solicitor Peter
Ruggiero notes that the water deal between the Narragansett Indian Tribe (NIT) and Invenergy concerns a
“water supply for the area comprising Charlestown, including the NIT, is through
a variety of private, public and quasi-municipal wells using a common aquifer,
known as the Lower Wood River
Aquifer, located within the Pawcatuck
River Basin.”
Since the “various
public documents available show a range of 15,000 gallons of water per day up
to what the Supply Plan states at times ‘approximately 724,320 [gallons per
day],’” Charlestown’s interest “is the potential of a material, adverse impact
on Charlestown’s water supply as a consequence of the operation of the proposed
Power Plant.”
Ruggerio notes that
“The agreement between
Invenergy and the NIT has been redacted from the public filing of the
Supplement, so it is not possible to gauge the effect of the routine and winter
demand on the water supply for the entire Town of Charlestown. All attempts to
obtain an un-redacted version of the Supplement have been denied by the
relevant parties.”
Conservation
Law Foundation (CLF) Senior Attorney Jerry Elmer writes that
“the Energy Facility Siting Act requires
the EFSB to hold ‘at least one public hearing’ in every Town ‘affected’ by the
proposed power plant in advance of its own EFSB hearing.”
Elmer further notes
that under the law, “Invenergy… must notify the public of the public meeting at
least 30 days in advance.”
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| Narragansett Tribal Council member Randy Noka who also spoke against the deal that would give Invenergy access to local water. |
“Both CLF and the Town of Burrillville have filed motions asking the EFSB to postpone the Final Hearing until Invenergy’s water issues are resolved, and the EFSB has denied those motions.
But now the EFSB may be
between a rock and a hard place. Charlestown is clearly ‘affected,’ and if the
EFSB fails to hold a public hearing with 30 days advance notice in Charlestown
and before the Final Hearing, that may be reversible error when Burrillville
and/or CLF bring the inevitable appeal.”
As the Energy
Facilities Siting Board held its final public hearing in Burrillville,
the Charlestown Town Council was
meeting and discussing the water deal between Narragansett Indian Tribe
leadership and Invenergy.
It was at this meeting
that it was decided that
Ruggerio should file as an intervenor in the case.
At the EFSB hearing in
Burrillville, Ruth Platner,
chair of the Charlestown Rhode
Island Planning Commission delivered comments against
using Charlestown water to cool Invenergy’s turbines.
“Charlestown has objected
in the past to any transfer of water out of town or from one basin to another,”
said Platner, “We have added language to our Comprehensive Plan that water
withdrawn from our aquifers must be returned to the same watershed and not
transferred out of Charlestown.”
Later at the same EFSB
hearing Randy Noka, a tribal councilman
and member of the Narragansett Indian Tribe said the the the tribe “did not
endorse or sign off on an agreement to provide water to this power plant.”
Finally, Silvermoon LaRose, a member of
the Narragansett Tribe who came to the meeting with other members to let the
EFSB know that she and her fellow tribe members “do not support the agreement”
and “it was made in violation of tribal constitution and bylaws.”
LaRose is working to
undo the agreement within the tribe.
What does all this
mean for opponents to Invenergy’s proposed power plant?
“To the extent that
Invenergy can be shown publicly (and, specifically, to the EFSB members) to be
floundering around that is a good thing,” says Jerry Elmer.
“Invenergy
originally told the EFSB that it would take water from the Pascoag Utility District, but
that got shot down (thanks to the hard work of Burrillville folks). Invenergy
tried to get water from Harrisville,
but that failed. Invenergy tried to get water from Woonsocket, but that failed. Invenergy signed
an actual contract with the Town of Johnston,
but CLF and Burrillville sued both Invenergy and Johnston, saying that the
contract is illegal; that lawsuit is still pending.
“If – after all those
failed attempts – Invenergy runs into additional problems when it announces a
deal with the Narragansetts, that makes Invenergy look to the EFSB and to the
whole world like it doesn’t have its act together.
“And it would be an
incredibly embarrassing matter for Invenergy if the long-awaited Final Hearing
does not actually start next Tuesday, as promised. On the other hand, if the
Final Hearing does start on Tuesday as promised, the EFSB may be committing
reversible error that will delay the proceedings additional months (or more).”
Steve Ahlquist is an award-winning journalist,
writer, artist and founding member of the Humanists of Rhode Island, a
non-profit group dedicated to reason, compassion, optimism, courage and action.
The views expressed are his own and not necessarily those of any organization
of which he is a member. atomicsteve@gmail.com
and Twitter: @SteveAhlquist
