What power does the town have to govern noise, traffic, time restrictions?

The EFSB has the sole authority to grant a permit for the siting and construction of the proposed power plant.  Just to clarify, the EFS ACT provides that the EFSB is the “licensing and permitting authority for all licenses, permits, assents or variances which under any statute of the state or ordinance of any (municipality), would be required for siting, construction or alteration of a major energy facility…”  And, further, the EFSB’s decision in favor of an application to site the power plant “…shall constitute a granting of all permits, licenses, variances, or assents, which under any law, rule, regulation or ordinance of the state or (municipality) which would absent this chapter, be required for the proposed facility.” 

This means that the granting of a permit by the EFSB shall override all local ordinance, rule and regulation.  Therefore, the Town has no power to govern noise, traffic or time restrictions.

Regardless of the conditions that our Planning and Zoning Boards would insist upon, if the EFSB does not incorporate those conditions into the permit, then the Town has no authority to regulate the issues such as noise, traffic and time restrictions.  Once again, our advisory opinions should be convincing enough that the EFSB would condition the granting of any permit (if it thinks one should be granted), upon meeting certain noise, traffic and time restrictions that our advisory opinions would recommend.

It is unclear who could enforce the conditions of a permit. For example, if the EFSB conditions the granting of a permit upon specific terms, e.g., noise levels, reduced traffic or restrictions upon time of day that construction can take place, can the Town take police action against Invenergy?  Most likely not.  What most likely can happen is that the Town would inform EFSB that Invenergy is not complying with the permit conditions and it would be up to EFSB to take action.  That action could be by imposing financial penalties, or even revoking the permit.

UPDATE -

Consultant reports, including those related to noise and traffic, have been posted to the town website. Please follow this link.