Williamstown, Williams Can Challenge Biomass Plant

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WILLIAMSTOWN, Mass. — The Vermont Public Service Board has granted status to the town of Williamstown, Williams College and Berkshire Regional Planning Commission in its hearings on a 29.5-megawatt biomass plant being proposed just over the border.

The order, received by iBerkshires late last night from the Bennington-Berkshire Citizens Coalition, grants the town and Williams College intervenor status and the BRPC full party status to challenge the construction of energy facility at the former Green Mountain Racetrack in Pownal.

Beaver Wood Energy LLC, which is proposing the wood-burning wood-burning and pellet-manufacturing plant, had objected to the three Massachusetts entities, arguing that "the Board's Section 248 jurisdiction over a proposed in-state generation facility's impacts ends at the Vermont border." 

The board, however, responded that "Construction and operation of the proposed project have the potential to generate impacts outside of Vermont, and the Board has jurisdiction to impose conditions that would mitigate those impacts. Given the close proximity of the proposed project to Massachusetts, there is a possibility that residents of Massachusetts will face greater impacts from the proposed project than will Vermont residents."


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The decision is a second blow to the company, which was denied permitting for early construction last month that would have put it in line for up to $50 million in federal stimulus funds.


"This is a hugely important step in our effort to keep the beautiful Hoosic River valley and its environs, which the citizens of Pownal and Williamstown share, free from pollution and environmental degradation," wrote Steve Dew, a member of the Bennington-Berkshire Citizens Coalition.

The order comes just days after the Pownal Select Board, by a 3-2 vote, decided to send a letter to the Public Service Board urging it to deny the Massachusetts entities a role in the permitting process.

The board also granted status to Vermont's Agencies of Agriculture, Food and Markets and of Transportation; Southern Vermont Citizens for Environmental Conservation & Sustainable Energy Inc.; Richard and Leslie Morgenthal, James Winchester, and Joseph Tornabene ("Neighbors") and abuttor Pamela Lyttle. Williams College was also granted pro hac vice admission of attorney Daryl J. Lapp of Edwards Angell Palmer & Dodge LLP, to appear in this proceeding on behalf of the college. 

In light of the number of entities seeking status, the order by Hearing Officer Edward McNamara suggests "parties with similar interests to work together in the preparation of testimony and discovery, as well as the examination of witnesses."

Groups on both sides of the border established the Bennington-Berkshire Citizens Coalition, which has been sharply questioning the need and efficiency of the plant, its possible environmental effects and the background of Beaver Wood's principals.

Vermont Public Service Board Intervention Order
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AG Clears Williamstown Select Board in Open Meeting Complaint

By Stephen DravisiBerkshires Staff
WILLIAMSTOWN, Mass. — The Attorney General's Office on Wednesday cleared the Select Board in an Open Meeting Law complaint filed by iBerkshires.com while simultaneously confirming the supposition at the heart of the complaint.
 
The AGO found that the board did technically violate the OML when it moved to executive session on May 11, a misstep the board previously acknowledged in its response to the complaint.
 
The meeting in question was held behind closed doors to discuss the town's response to a proposal from Williams College to acquire the former town garage site at 59 Water St.
 
At the time of the May 11 meeting, the board had held no public discussion, let alone a vote, on whether to enter into negotiations with Williams, the lone respondent to a request for proposals issued by the town for the 1.27-acre parcel.
 
The board cited an exception to the Open Meeting Law that states executive sessions are appropriate if, "holding the discussion in open session may have a detrimental effect on the Board's negotiating position."
 
iBerkshires.com maintained in its complaint that the executive session was premature given the fact that the board on May 11 had no one to negotiate with as it had not agreed — publicly — to negotiate with the college.
 
The news organization cited the fact that the town's RFP clearly indicated a multi-step process in which the board first would decide whether to engage with any of the respondents (assuming multiple bids were made) and then enter into negotiation with one of the respondents.
 
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