If the Planning Board and Zoning Board advise against the power plant and the Energy Facility Siting Board permits it, what is our recourse?

Response from the Solicitor:

As stated previously, the Planning and Zoning Boards only have an “advisory” role to play.  The EFS Act allows the EFSB to grant a permit to Invenergy regardless whether our Boards advise against it.  The best we can hope for, in the event the EFSB votes to grant a permit to Invenergy, is to convince EFSB to condition the permit upon complying with specific recommendations that our Planning and Zoning Boards would ask for in their advisory opinions.

Although there is no appeal permitted from the “advisory opinion” like there is in a normal grant or denial of a variance or special use permit, there is an appeal permitted from the granting of a license by the EFSB.  The law states that:  “any person aggrieved by a decision of the Board may within ten (10) days form the date of ratification of the decision, obtain judicial review of the decision in the manner and according to the standards and procedures provided in Chapter 5 of Tile 39.”  Therefore, any intervenor or any other “aggrieved” person could appeal the EFSB decision to court.