Can the town council find new solutions to prevent locating the power plant in Burrillville?

Response from the Solicitor:

As presently written, the Town Council has no authority whatsoever to change a state law. The sole power in “siting” the proposed power plant lies with the Energy Facility Siting Board (EFSB).  This is pursuant to the Energy Facility Siting ACT, (hereinafter referred to as “EFS ACT” –  the law that created the EFSB).  This law was enacted by the General Assembly, and only it can change it.

To change the location of the proposed power plant, (within the framework of the law, as presently written) either one of these possibilities exist:

a) The EFSB can deny the permit, or grant the permit with a condition that it be located elsewhere.  This condition is very unlikely since all the decisions/opinions being made are with the prospect that the location will be where it is proposed.  Otherwise, all the advisory opinions, and the permits that are being considered by state agencies, e.g., DEM, which are dependent upon a specific location, would be useless.  If the location was different, then the whole process would have to start again with emphasis and analysis upon what effect the new location would have on the environment, wetlands, etc.

b) The Energy Facility Siting Act (EFS ACT) itself would have to be amended (changed). The change would have to provide giving the power to the Town Council, or to the electorate by way of a vote (referendum) over allowing the power plant to be located within the Town of Burrillville.  Only the General Assembly can change the state law.