Opinion: Heroes of the Biomass Odyssey

After a two year odyssey it feels really good to read the news...

Heroes of the Biomass Odyssey

After a two year odyssey it feels really good to read the news and excellent editorial in the Rutland Herald and Times-Argus on the recent Vermont Public Service Board order denying a Certificate of Public Good to the proposed wood biomass power station in North Springfield.

Looking at it now, with the facts and reasons cited in the Board's order, it appears a natural and logical conclusion.  It is now hard to imagine the decision going differently.  Yet it was not always that way.  Two years ago, even several months ago, the prospect appeared quite different.

It is important to understand how those facts and reasons became  available to the Board.  The Vermont Public Service Board is a "quasi-judicial" body that functions much like a court of law.  While the preponderance of letters from the public may be given some consideration, putting useable facts before the board is a rigorous legal process.  A group must be formally organized, then apply for, justify, and be awarded intervenor status by the Board.  Then follows a series of pre-filed testimony, rebuttal testimony, sur-rebuttal testimony, formal hearings, cross examination, revisions, extensions, on and on and on for two years.  Only (some, not all) facts and figures presented in this manner are entered into the record and available to the Board for its decision.

In December of 2011, NSSEP submitted its application for a CPG to the PSB, a total surprise to most of us in North Springfield.

Concerned about many potential negative impacts on our village, town, region and state, a few of us had a meeting with Adam Winstanley.  At the meeting he suggested to us that he had support from state and local government and development agencies and this was a done-deal project needing only the formal CPG from the PSB.

This led to the formation of the North Springfield Action Group, Inc. (NoSAG), with Robert Kischko PE as chairman.  As a professional electrical engineer licensed in Vermont he was familiar with PSB procedures and requirements.  As a resident of North Springfield with the technical background to clearly understand the impacts of this proposed project he took on the mission with dedication.

The group retained Gerald R. Tarrant, Esq. of Tarrant, Gillies, Merriman & Richardson of Montpelier to represent it. It was just a group of ordinary citizens wanting to do what they knew was the right thing.  It then passed muster for intervenor (party) status and dove into the fray.

Only one other organization sought and obtained intervenor status to challenge this project.  Jamey D. Fidel, Esq. ably represented Vermont Natural Resources Council and National Wildlife Federation throughout the process.

Being retired I was privileged to have the time and opportunity to attend all 6 days of hearings in Montpelier with Mr.  and Mrs. Kischko and also to read most of the documents.  In spite of my concern for the future of North Springfield, it was a pleasure to see these capable individuals do their work.

Mr. Fidel's effort was centered on the statewide and global impacts of extremely low efficiency, very high carbon emissions, forest health and the fallacy of "carbon neutrality".  These are key issues today and he secured a good base of information and evidence in the record for the Board to use.

Mr. Tarrant's focus was necessarily much broader and he performed magnificently.  In addition to efficiency, GHG emissions and forestry issues, he had to cover a litany of issues of local and regional impact.  The list of issues covered in a two year effort is entiredly too long for this article.  Here are just a few:  Truck traffic on residential streets, particulate emissions, toxic emissions, local topography and atmospheric conditions, ground injections of chemicals, noise, heat loop, invasive insects and pathogens, tall structure in an airport runway approach path, lack of need for power, and lack of a power purchase agreement.

The Board did not consider all the arguments to be show stoppers, of course, but enough of them were accepted to achieve the necessary result.  The attorney's efforts were essential to this important and correct decision by the PSB.

Both Gerald Tarrant and Jamey Fidel laid the necessary foundation for the Board's decision.  They are two of the heroes of this saga along with the three members of the PSB and John J. Cotter, Esq., PSB Hearing Officer.  We owe them all our gratitude.  

It is important to remember that neither of these attorneys could have any standing before the Board to accomplish this victory without their organizations to support them legally and financially!  NoSAG members and supporters have provided critical packing to continue this effort all the way to a successful conclusion.  NoSAG supporters and VNRC/NWF supporters are the ultimate heroes of this odyssey.

Many folks like you have been helping NoSAG financially.  But there is still a way to go before we can rest.  Please help wrap it up.  www.nosagvt.org (North Springfield Action Group, Inc., PO Box 315, North Springfield, VT  05150).

Please consider helping the Vermont Natural Resources Council and the National Wildlife Federation in their ongoing work to protect the environment and our natural wildlife heritage.  Thank you.

Walter Dodd

Springfield, Vt.  

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