City of Brockton using taxpayer dollars to pay water desalinization plant Aquaria over $4 million per year, getting nothing in return.
One person (Brockton CFO John Condon) is interpreting and executing an agreement with Aquaria that is costing the residents of the city of Brockton over $4 million per year. In return from Aquaria for our $4 million dollars annually the city is getting absolutely nothing for their annual investments. This deal is unconscionable. We should obtain an outside legal opinion with no political or business interests in the city to interpret the contract.The city gave its number one resource (water) away and has allowed someone else to profit from it. How much is this $4 million dollars per year costing all of us in police protection, infrastructure and quality of life in the city of Brockton? You decide.
This is simply the latest in a long line of deals in the city of Brockton in which the taxpayer comes up short.
Call or email Mayor Linda Balzotti to ask for an outside legal opinion on the Aquaria water contract that is costing us over $4 million per year.
Why is the city paying Aquaria $4 million a year
when they are not drawing any water and have no present need for the water?
Article 5.2.2 of the Agreement between the city
and Aquaria specifically states, “Brockton shall have no minimum daily or
annual purchase requirement.” Doesn’t that provision mean what it states? It is
plainly written.
What language in the Agreement supersedes this
provision to require the city to pay the $4 million a year?
Doesn’t the language in 5.2.1 titled Firm
Commitment apply to Aquaria not to the city? It states “subject to the terms
and conditions herein, Supplier (Aquaria) shall make available to Brockton a
minimum of the Firm Commitment of water on a daily average and yearly average.
Isn’t the purpose of this language to assure that the city will have a minimum
supply of water should it purchase any water?
That construction of the provisions would
provide for a consistent reading of sections 5.2.2 and 5.2.1.
Doesn’t article 6.1.1 which sets the rates and
resale rights of the parties, simply state what the minimum annual charge to
Brockton would be if it purchases the amount set forth in the Firm Commitment.
Is there any language which could reasonable be interpreted to override the
clear language of section 5.2.2 that Brockton has no annual purchase
requirement?
Does the City’s interpretations that section 5.2.2
simply states that Brockton doesn’t have to take the water that it is required
to purchase make sense either textually or legally. Why would the negotiators
have intended such a clearly written provision to have such a strained and
counterintuitive interpretations? Why would Aquaria care that Brockton wasn’t
taking the water it paid for? Isn’t the obvious and simple explanation of the
meaning of that paragraph that correct one – that Brockton has no obligation to
purchase any amount of water from Aquaria the correct one?
Doesn’t it make sense that Brockton, which is
funding the construction of the plant, simple wanted to make sure that it would
have a minimum available amount that it could purchase if it needed any water
and that it is why the language of 5.2.2 was negotiated? Why would Brockton
which funded the project also be willing to commit to payments in the long term
when it could not have been sure that it would need the water, particularly
with the population of Brockton either being steady or declining?
Take a Look Around, It's Your World Brockton.
Thomas Brophy, Robert Sullivan and Kate Archard all pleased to have endorsement of Stop The Power!
Read the full article below in the Brockton Enterprise!
BROCKTON CITY COUNCILOR JASS STEWART LOSES HIS POWER BASE
At the debates last night Councilor Jass Stewart said, "We haven't made the decision internally." when asked whether the City of Brockton should start negotiating with Brockton Power. Stop The Power wants to know, who is "WE?"
We the people of Brockton have already said "NO!"
Watch the full video of the Councilor-at-Large debate below courtesy of BrocktonBeat.com
"If there's three (court) opinions to be rendered, and opinion one and two are not in our favor, what does that mean for opinion three? ... I think we need to better understand what that sequence looks like so we can internally make that decision."
- City Councilor Jass Stewart speaking on October 19, 2011 about losing hypothetical court cases as a means and reason to negotiate with Brockton Power.
The power plant isn't a negotiable issue. It should be decided by the residents of Brockton, not the hypothetical courts in Jass Stewart's imagination.
Watch the entire Brockton Mayoral Debate below between Mayor Balzotti and concerned resident and challenger Ron Matta!
June 30, 2011: "Yunits called me and first of all, I never thought this would become a public conversation so I went to the group thinking it would be a private chronology of what happened, and my thinking." - City Councilor Jass Stewart on bringing up the idea of mitigation and negotiation with the power plant proponents at a public meeting at City Hall.
CLICK THE VIDEO BELOW TO WATCH:City Councilor Jass Stewart talk to Ron Van Dam about mitigation, contingency plans, and his "private" meeting with Jack Yunits, where they negotiated the health and well being of our families and friends and discussed ways to bring the power plant intoBrockton!
"You think the great one Rocky Marciano had a contigency plan? He was in the ring to win, he refused to lose." - EnterpriseNews.com reader, "ideal1"
June 29, 2011: Ed Byers was on WXBR 1460AM with Bill Carpenter to discuss City Councilman Jass Stewart suggesting mitigation plans to the group who has fought the power plant for over four years. Councilman Stewart claimed he met earlier in the year with Jack Yunits, a power plant proponent.
Click the links below to listen to the full interview
The Energy Facilities Siting Board has published their final decision denying Advanced "Brockton" Power the use of Brockton potable water by a vote of 6-1. Read the full decision in the PDF file below!
"In the industrial category, existing water users in the City require significantly less water on an average daily basis than would the project." - EFSB Final Decision
The Company's assertion that it's water would come from Aquaria and not Silver Lake is dubious. - EFSB Final Decision
"As a BMWS customer, Brockton Power would not be in a position to restrict its water use to Aquaria water. The City operates the municipal water system and it states that it would elect to use its traditional water sources before using Aquaria water. Brockton Power will not be able to influence that decision. Therefore, the Board concludes that some, and possibly even a significant portion, of the Project’s municipal water could come from Silver Lake." - EFSB Final Decision
"The City’s water supply problems have resulted in significant environmental impacts to the Silver Lake system." - EFSB Final Decision
"Accordingly, regardless of whether the Siting Board considers the water supply Project change as a stand-alone proposal or the Siting Board balances the effects of all three proposed changes,the Siting Board finds that the Company has not sustained its burden of proving that the environmental impacts of the proposed change or changes have been minimized consistent with the minimization of costs associated with the mitigation, control, and reduction of environmental impacts." - EFSB Final Decision
Brockton power plant battle focuses on developers' need for water
CLICK TO READ THE FULL STORY IN THE BROCKTON ENTERPRISE
“Whenever we have met with Advanced Power we have told them that if Brockton doesn’t want the project it is going to be very difficult for them.” “We can’t say no if they can meet the contingencies. It is not my job to decide whether this is a good project for Brockton or not, but it will be very, very difficult for Advanced Power to get this if Brockton doesn’t want it.” - Alfredo Andres, general manager for Aquaria Water.
Aquaria is drafting a letter to Mayor Linda Balzotti and the Brockton City Council to reiterate the obstacles Advanced Power faces in order to buy water from Aquaria. - The ball is now in Mayor Balzotti's court. The mayor and the council can stop this project now!
CLICK BELOW TO READ THE FULL ARTICLE IN THE BROCKTON POST!
AQUARIA CLAIMS NO DEAL IS IN PLACE WITH ADVANCED POWER
Good news today from the Energy Facilities Siting Board. A ruling in Brockton's favor! The board voted to adopt a final decision that Brockton Power cannot use Brockton potable water for its power plant.
"This is a historically stressed water system that has warranted Department of Environmental Protection involvement for decades. And now that the city has made progress in addressing the issue, I (can't agree) that we should increase their (water demand) by 20 percent." - Ann Berwick (siting board member)
Massachusetts State Representatives Geraldine Creedon, Christine Canavan, and Michael Brady are all against the proposed power plant in Brockton!
Brockton Mayor Misses Meeting with Cabinet Secretary
Click below to read the full story in the Brockton Enterprise
MAYOR BALZOTTI MISSES MEETING AT STATEHOUSE
Brockton Enterprise 9/15/11: City Air Quality an Issue
Ed Byers - "The request for new monitors is a forward-looking action aimed at deterring future “dirty businesses” from locating in the area."
Click the link below to read the full story!
CITY AIR QUALITY AN ISSUE
EFSB schedules final vote on power plant water question
The Vote to Prevent the Use of Brockton's Drinking Water for the cooling towers is VERY close-
Show up and send the message-WE DO NOT WANT THIS IN OUR COMMUNITY!
The Energy Facilities Siting Board has scheduled its hearing to discuss the Brockton Power Project Change Filing Tentative Decision: (4-3 water ruling)
Thursday, September 22, 2011, 10AM
Location: Department of Public Utilities, Hearing Room A, One South Station, Boston
ELECTED OFFICIALS WILL HAVE AN OPPORTUNITY TO ADDRESS THE SITING BOARD: Call the mayor and all of the city councilors who have said that they are against this power plant and ask them to be at the EFSB ruling next Thursday so that they can advocate for you!
Mayor Linda Balzotti - (508) 580-7123
Timothy Cruise (Ward 1) - (508) 587-0871
Thomas Monahan (Ward 2) - (508) 897-1311
Dennis Eaniri (Ward 3) - (508) 587-1513
Paul Studenski (Ward 4) - (508) 584-9029
Dennis DeNapoli (Ward 5) - (508) 588-8934
Michelle DuBois (Ward 6) - (774) 274-1344
Christopher MacMillan (Ward 7) - (508) 588-4753
Councilor-At-Large Jass Stewart - (508) 587-0022
Councilor-At-Large Robert Sullivan - (508) 857-2001
Councilor-At-Large Thomas Brophy - (508) 587-4875
9/10/11 | Brockton Enterprise News: Click the link below to read the full story!
Stop The Power would like to thank Bingham McCutchen LLP for advising Advanced Power, UK to quickly de-register the stopthepower.org domain name.
In the future if Bingham McCutchen LLP advises their client to leave Brockton it is our hope that they will again take swift action.
READ THE FULL STORY BELOW IN THE ENTERPRISE
CLICK TO READ ABOUT THE KIND OF COMPANY ADVANCED POWER IS
Below is part of the letter that Stop The Power received from Advanced Power yesterday. Advanced Power claims that they had a good faith basis for registering the stopthepower.org domain name yet failed to offer their basis in the letter, all while waiving the white flag. This proves Advanced Power and their disreputable and deceitful tactics can be stopped. They cannot stop us, but we can still stop them! Thank you to everyone who has given their time and energy to help stop this power plant. This proves that the power is with us.
STOP THE POWER NEVER LET stopthepower.org LAPSE!
Now that this story has hit the media people are asking why Stop The Power let stopthepower.org lapse. Stop The Power never let it lapse. Below is the document showing Stop The Power made an attempt to extend .org through February of 2012.
The listed administrator of the site in 2010 was David Trojano. In May of 2010 the account was renewed through May of 2011. In June of 2010 the status on this account was then changed to "hold" "pending delete."
Call David Trojano and ask him how this was able to happen?
508-588-1980
508-369-5402
August 24, 2011: Ed Byers was on the Metro South Morning News with Kevin Tocci. Advanced Power if you are listening the concerned citizens of Brockton and the surrounding communities have one question. "WHY?!"
"The only reason that I mention this is that it is ODD." -The Big Show with Ron Van Dam on WXBR 1460AM (on Advanced Power aka Brockton Clean Energy hijacking www.stopthepower.org a website that belongs to the concerned residents of Brockton and the surrounding communities)
WATCH BELOW!
Advanced Power aka "Brockton Clean Energy" breaking "United States Code, Title 15 Commerce and Trade, Chapter 22 Trademarks: 15 U.S.C.A. 1125. False designations of origin, false descriptions, and dilution forbidden" by holding www.stopthepower.org
See Section (d) - Stop The Power owns the trademark by use under the common law of Massachusetts.
Advanced Power aka "Brockton Clean Energy" bad faith intent to profit is by removing any opposition or criticism of their business plan.
Advanced Power UK Hijacks www.stopthepower.org Domain Name
In a sleazy attempt to silence the grassroots efforts of local Brocktonians, Advanced Power has covertly hijacked our website www.stopthepower.org that we have been using to communicate important information to the residents of Brockton and the surrounding communities for the last 4 YEARS!
'Brockton Clean Energy' HIJACKED our .org domain name. There is nothing clean about that! Email mduncan@advancedpower.ch Or call CEO Thomas Spang - (617) 210-4770 Ask them WHY?!
Brockton Clean Energy has once again underestimated the resolve of the residents of Brockton!
CEO THOMAS SPANG
Call Thomas Spang the CEO behind the Brockton Clean Energy project and ask him what his 'big power company' intends to do with our small grassroots website stopthepower.org since his company felt it necessary to HIJACK the website that we used to communicate with each other. (617) 210-4770
Is this the kind of business that you want in Brockton?
STOPTHEPOWER.ORG
EFSB denies motion for reconsideration on the vote to deny Brockton's drinking water to cool the proposed power plant
"It’s a tug-of-war and a matter of who has the stomach to stay in to the end of the game.’’ - Ed Byers
Brockton’s elected leaders are continuing to thumb their noses at an international power company set on building a $350 million natural gas-fired power plant in the city.
Power Plant Sides Vow Fight To The End
"There is an appeal of the air permit and we are putting that together now,” Brockton Mayor - Linda Balzotti
Click below to read the full article in the Brockton Post
CLICK ABOVE TO READ THE FULL STORY
CLICK THE BULLS-EYE TO TEAM UP WITH STOP THE POWER ON FACEBOOK!
BROCKTON POWER THINKS THEY CAN PUT THEIR SMOKESTACKS IN OUR BACKYARD. THINK AGAIN!
Does the Commonwealth Know what its doing?...........
What the EFSB says..........
........the Siting Board found in Section V above that Brockton Power has failed to establish that the proposed use of the land and structures is reasonably necessary for the convenience and welfare of the public. Accordingly, the Siting Board DENIES the petition of Brockton Power for several specific exemptions, as well as a general exemption, from the City of Brockton’s Zoning Bylaws.
EFSB Approval Decision Dated July 2009
In deciding not to grant the exemptions, the Siting Board concluded that the proposed project’s environmental and energy supply benefits do not outweigh expected local impacts. In previous cases, the EFSB has required plant developers to seek the exemptions at the local level, but said they could return to the Board if local authorities fail to provide zoning relief. In the Brockton case, the EFSB foreclosed that possibility.
Executive Office of Environmental Affairs Press Release
What the MassDEP says.................
This Conditional Approval, the MEPA certification and the EFSB initial approval indicate that the Applicant has met the requirements of 310 CMR 7.00 Appendix A(8) Additional Conditions for Approval and Section 172 (c)(5) of the Clean Air Act of 1990, and demonstrated that the benefits of the proposed project significantly outweigh the environmental social costs of the project as a result of its location and construction.
Mass DEP Conditional Air Permit Transmittal Number: W207973
Brockton Board of Health findings do not support DEP claims! Who knows Brockton better; Brockton or the state?
THE DEP JUST ISSUED A PERMIT GIVING BROCKTON POWER THE RIGHT TO POLLUTE IN BROCKTON. IS IT BECAUSE WE HAVE LARGE MINORITY AND DISADVANTAGED POPULATIONS?
WOULD THE DEP GIVE PERMITS TO POLLUTE IN TOWNS LIKE NEWTON, WELLESLEY, LEXINGTON, NEEDHAM OR HINGHAM?
Brockton - Black or African American population - 28% Massachusetts - Black or African American population 6%
Brockton - White population - 51% Massachusetts - White population - 81%
WOULD THE DEP GIVE PERMITS TO POLLUTE IN TOWNS LIKE NEWTON, WELLESLEY, LEXINGTON, NEEDHAM OR HINGHAM?
July 21, 2011: Massachusetts has more than enough power to run the 685 megawatt Pilgrim nuclear power plant at 50% capacity during this intense heatwave. Do you think we need another power plant if this is the case?
CLICK ABOVE TO STREAM WXBR 1460AM LIVE
June 30, 2011: Brockton City Councilor Jass Stewart catches heat for contemplating power plant loss
In a meeting of about a dozen power plant opponents at City Hall on Tuesday night, Stewart proposed that the group should plan for the “worst-case-scenario” of a power plant victory and what they would ask for in mitigation before that happened.
Click the Enterprise News logo below to read the full story
CLICK TO READ THE STORY ON JASS STEWART
June 30, 2011: Stewart, Power Plant Opponents At Odds Over Negotiations
Opponents of a proposed power plant in Brockton are crying betrayal following a meeting Tuesday night when Brockton City Councilor-at-large Jass Stewart voiced the idea of talking with power plant representatives about concessions and money Brockton Power might give to the city if the courts give the green light to the controversial project.
CLICK BELOW TO READ THE FULL STORY AT BROCKTONPOST.COM
CLICK TO READ THE FULL STORY ON WHAT HAPPENED TUESDAY NIGHT AT CITY HALL
June 20, 2011: City of Brockton's Opposition to Brockton Power Company's Motion for Reconsideration
Kate Archard was on The Ron Van Dam Show to talk about the stunning state ruling that denied the use of drinking water in the Brockton power plant design
CLICK TO WATCH ARCHARD ON THE RON VAN DAM SHOW
Power Plant Dealt Blow: "You could hear a penny drop (after the ruling)." - Kate Archard, Brockton resident
CLICK TO READ STORY
Attention Brockton! Read all the latest documents on the proposed changes to the power plant below. Our fight isn't over yet.
Advanced Power Looking to Alter Original Plans! Public Meeting Tomorrow, Thursday, June 9th at 10 a.m.
CLICK TO READ STORY
Latest News!
The evidentiary hearings for the Notice of Project Change at the EFSB ended on December 22, 2010. The parties filed briefs and reply briefs with the EFSB in February 2011.
Since February we have been waiting for either an EFSB staff issues memo or an EFSB tentative decision. A staff issues memo is not required by regulations but often comes before a tentative decision and is used to inform the EFSB members of the issues identified by the staff and how the issues might be handled in a tentative decision. A tentative decision is required by regulations and the City and ACE will file a reply.
The EFSB circulated an issues memorandum last week. The issues memorandum outlines each issue (e.g. air, water, noise, etc.) and lays out each party’s position and the questions that the EFSB plans to answer in its tentative decision. Mr. Shea, the Presiding Officer, allowed the parties to file comments on the issues memorandum.
The next step is a meeting of the EFSB, which will happen Thursday, June 9, 2011 at 10:00 a.m. in Hearing Room A at the Department of Public Utilities.
A briefing of the meeting will follow.
NYTimes | Big Power Companies Targeting Disadvantaged Communities in Japan for the last 40 Years! Don't Let it Happen in Brockton!
CLICK TO READ STORY
Todd Petti Betrays Residents-Supports Power Plant AGAIN
CLICK TO READ STORY
Advanced Power has hired a new PR Firm to create a campaign to intimidate the City of Brockton with a massive public records request. Read the Story:
ADVANCED POWER LAUNCHES NEW CRISIS PR CAMPAIGN
ACE HELPS RESIDENTS IN THEIR FIGHT-CLICK PHOTO TO READ STORY
EFSB TO OPEN EVIDENTIARY HEARINGS
On Friday, the EFSB ordered a new full public hearing in Brockton to assess whether the proposed Power Plant should be permitted to use massive quantities of Brockton's drinking water to cool the power plant. The EFSB, rejecting the Power Plant's position that no new hearings are required, also re-opened the permitting proceedings to allow the citizens of Brockton to obtain evidence and question the power plant's witnesses about the merits of the proposed changes, including the use of public water and the change in the design of the plant shell.
Latest News-READ THE REPORT DONE BY ENVIRONMENTAL EXPERTS
June 18, 2010
EXPERT REPORT
Review of Proposed Conditional Approval
Major Comprehensive Plan Application
(Brockton Power Company LLC) BY ROUX ASSOCIATES, INC.
Environmental Consulting & Management
Prepared by Paul A. Eisen, CCM
Principal Scientist
1. The magnitude of predicted impacts for the Brockton site may have been significantly underestimated, and the probable location of those maximum impacts may have been incorrectly determined. Use of meteorological data in the underlying ambient air quality impact assessment from Logan Airport is not representative of the project site and environs, and may result in significant underestimates of potential impacts and maximum impact locations including potential impacts in Environmental Justice population areas.
2. The wastewater treatment facility that is immediately adjacent to the proposed power plant site, operates several diesel fired emergency generators, several boilers, and a residuals landfill (a potentially large source of fugitive PM2.5 emissions) in addition to the sludge incinerator. Yet, only the sludge incinerator was included in the assessment of potential cumulative 24- hour PM2.5 impacts.
Furthermore, a potentially large source of fugitive particulate emissions (Trojan Recycling, Inc.) is located approximately 0.8 miles from the site (to its North) at 71 Forest Street. This facility is required by the Brockton Board and Health to conduct biannual monitoring of particulates due to its potential PM2.5 emissions. Estimates of this source’s emissions, as well as biannual monitoring data results, need to be reviewed and considered in determining the need for and extent of interactive source assessment.
3. The assessment regarding the potential consequence of an accidental release of ammonia is severely flawed. What if there were to be a natural gas explosion at the facility that damaged the building and its enclosed ammonia tank? Such an explosion could easily provide the force necessary to blow the plastic ball-like baffles away from the diked area, leaving the site with a totally uncontrolled and near ground level release of 15,000 gallons of aqueous ammonia.
The Energy Facilities Siting Board (EFSB)met to discuss the Amendment to the Petition of Brockton Power's significant project redesign using Brockton's Drinking Water. We expect a decision from the EFSB within the next few weeks regarding the potential for additional public hearings, etc. relating to the significant changes sought by Brockton Power.
READ THE DOCUMENTS→
In addition, Brockton Power filed their Air Pollution Plan for approval with the MassDEP. The PUBLIC HEARING to receive public comment, both oral and written, on the proposed AIR POLLUTION PLAN will take place:
Supreme Judicial Court Case. The Energy Facilities Siting Board has not yet filed the administrative record with the Court, which is the next step in the case. That step has been delayed partially while the lawyers work out some procedural issues. The EFSB will be ready to file the record sometime in April. Then another procedural step takes place: transfer of the case from a Single Justice of the SJC to the full SJC. When that happens we will get our briefing schedule. Our latest guess is that we will be required to file briefs this spring and argue the case this fall.
Zoning. A zoning approval will be required. The company might try to file for a building permit without going to the Zoning Board of Appeals. We will be on the lookout for that. City Officials need to make sure a building permit does not get issued by oversight or mistake.
No diesel fuel. The company has said it will remove diesel fuel as an option. That is a victory for us. That change should require a new or amended filing with the regulatory agencies.
Use of City potable water. If the company decides to use city potable water for its cooling towers rather than effluent from the wastewater treatment plant then they will need to go back to the EFSB with a report on environmental impacts of that option. We will have the opportunity to comment on that.