It's no wonder

I believe that Laidlaw’s objection to Clean Power, Wagner Forest Management and Jon Edwards request to be interveners is quite telling. If you want to know where the Laidlaw application is weak/vulnerable, just look at where they focus their attention. These are just the preliminary moves by Laidlaw, they’ll have more significant and technical challenges facing them as the process moves along. This soap opera has a long way to go and right now Laidlaw wishes to remove as many “categories of challenge” as they can and early on. There’s nobody more credible than Wagner to challenge the claim by Laidlaw that the wood basket can support such a large biomass plant. They have the expertise and experience of not only managing their own 690K acres, but of the dynamics of the market place. Of course Clean Power Development has the experience and expertise to make Michael Bartoszek and Laidlaw look incompetent. Mel Liston and Bill Gabler of CPD have forgotten more about the biomass industry than the CEO of Laidlaw has ever known and it’s no wonder Laidlaw wants them gone. In the case of Jon Edwards it’s not quite as clear why they would focus on Jon. There’s no question that Jon has the most comprehensive compilation of Laidlaw facts and fiction of anybody. Jon could write a book about the history of Laidlaw going back 10 years and he has documentation to back up his stories. The other piece that might deep six the Laidlaw project in the Site Evaluation Committee eyes is the negative impact to Berlin. (Before Laidlaw had  interest in the recovery boiler, there was another company negotiating with North American Dismantling to purchase  the boiler for the same purpose/use. All was going smoothly on that deal until the major investors flew into the Milan Airport and drove to Berlin to take a look at the property. I was told that it became a very short meeting when they saw where the boiler was located. Their conclusion was that the community would never tolerate a biomass plant of that size in the middle of their town and they didn’t want to be involved in the “politics” of pushing the project through.) Getting back to Jon, Jon is in a unique position to demonstrate the negative impact on property values in Berlin. Not only does he have years of experience in the real estate business, but has experience on the board of assessors. In the hearing process, those who are being asked to weigh the merits and value of the project depend on the technical knowledge of the witnesses.  In that respect, I’m glad Jon, Bill, Mel and Wagner agree with my opinion about the negative impact of the Laidlaw project and, it certainly explains why Laidlaw doesn’t want them in the process.

Comments

[Wing Nut]

Nice post Rocky. Most people don't want a biomass plant in their back yard because it doesn't belong there. Unfortunately for those of us who feel that way, Bartoszek plans to overcome his extreme incompetence by using political influence to ram this plant down our throats. Like I said before, I guess it is time to sell my house and move out of "Bartoszekville". Nobody with a brain really wants to live in this shit hole anyway.

[Jeff]

Rocky, correct me if I'm wrong but I believe that the reason why Laidlaw is rejecting Wagner and Clean Power intervention is because of RSA 541-A:32 and Site 202.11. I don't believe a competitor can intervene with the permit application.

As for Jon Edwards, my guess is that he can intervene along with the city of Berlin as opposed to every single Berlin citizen requesting to intervene. BTW, why aren't the rest of the antil Laidlaw guys writing letters too? I thought there was a bunch of them?

You guys must be loving life right now watching all of us longs lose our money. I sure am kicking myself for not selling half my 20 million in October.

Oh well, its only my money compared to your cities quality of life. It is really getting interesting.

Best of luck, I really like reading your blog and I respect your posts even if we disagree.

[Jon Edwards (the fat bald guy)]

Jeff,

The NHSEC might not want to disallow a competitor to intervene if they wish to be consistent with a previous ruling involving Granite Reliable. In the link below, and particularly the last paragraph of page three, you'll note that Clean Power was provided with intervenor status. It certainly could be construed as inconsistent for the NHSEC to provide unrestricted intervention in the Granite Reliable application and not in the Laidlaw application to both Clean Power and Wagner. As you'll note, the SEC has provisions for confidentiality as it pertains to competitors.

http://www.nhsec.nh.gov/2008-04/documents/081014_order.pdf

As regards my request to intervene, the request is inherently different than the city's request as it pertains to many issues the city doesn't site in their request to intervene.

As to the value of your stock, I think once it reaches another low, a pr will appear from the infamous Bartoszek, and lemmings will begin to fall off the cliff again raising the stock value. At that time you'll have another chance to unload if you desire.

[Rocky]

Jeff thank you for your kind words and I hope you continue to contribute to byte&chew in the future. I'm not convinced that Mr. Bartoszek will not succeed in his attempt to hit it "big". He's obviously a smart man and a good salesman, "slick as shit" is the old saying. I believe he bit more than he can chew here in Berlin and I believe he needs to brush up on his PR skills. "You can fool some of the people some of the time and most people most of the time, but you can't fool all the people all the time". It is just money Jeff, there are more important things in life, be healthy.

[Wing Nut]

Rocky,

It is only money but "money talks and BS walks" as they say. In this case money & political influence = a large biomass plant in the middle of our City. It is quite a shame. Watch as the events unfold.........WN.

[Voice of reason]

Jeff - 20 million that is a lot of freaking shares I have 100K and I am pissed off I am down 50 percent. Just like bald fat guy says Mr. B will put out some news to move the share price again. In Mr. B we trust:)

VOR - Jon - I hope you make interwiener status and turn Berlin into a real life reality show that would be cool.

[Rocky]

The list of Laidlaw victims will continue to grow until the greed of the company leadership is somehow satisfied.

[Wing Nut]

Rocky,

By the way, I don't agree with your premise that Bartoszek is smart. I just think he's a good bull shit artist and unfortunately the newly elected members of the Mayor & Council don't have the wisdom to see right through it. Given Paul's car sales experience you'd think he'd have trouble being taken by Bartoszek (it takes one to know one). Unfortunately for the residents of this City Paul seems to be accepting everything Bartoszek tells him as the gospel. I wish Paul would wake up and start defending the City and challenging Bartsoszek. I mean, even if Paul likes the idea of a biomass plant in his back yard (God only knows why) you'd think he'd at least want to keep the dirty little company honest. Paul's staunch defense of Laidlaw at the expense of the residents of the City that he represents is peculiar to say the least.

[Rocky]

Well Wing Nut, we can't agree about everything!

[Rocky]

"The greatest danger to our future is apathy."

-Jane Goodall

[Wing Nut]

Not one single environmental group filed for intervenor status. Nor did any other operating biomass companies. The Laidlaw plant is looking more and more likely every day. That is not apathy, that is just reality.

[Jon Edwards (the fat bald guy)]

If there were 200 people like you Wing Nut that cared enough to at least be vocal about the adverse impact this plant would have on the north country, Rocky would not have needed to post that truth about apathy. Under the circumstances, however, this area has always been primarily a population of followers not leaders, and has been dictated by the owners of the woods industry and the Burgess mill site; the people of this area, overall, expect someone else to fight their fight. Feel free to intervene at any time, Wing Nut. All it takes is a few sentences on paper as to how this plant can personally effect you, make 18 copies and send it to the SEC and email it as today is D day. In light of that, a quote needs to be repeated:

"The greatest danger to our future is apathy."
-Jane Goodall

[Rocky]

Jon, great observation about who we are as people here in Berlin. It makes us vulnerable to being exploited, quite often at the hands of our own.

[Wing Nut]

Jon,

I don't plan to file as an intervener. By the way, a few observations;

- No other local citizens (around the plant) have filed for intervener status. This is very telling and one could assume it means that very few people living around the plant are opposed to it.

- No environmental groups have filed for intervener status. This is also very telling and one could assume it means that they don't believe the plant will hurt forest sustainability in Northern, NH.

- No other currently operating biomass plants have filed for intervener status. I can only assume this means that they don't believe the Laidlaw plant will hurt their operations.

These are not good signs Jon and it leads me to believe that the permit will ultimately be approved. This is particularly true when you consider the current state of the economy (quite poor) and the political consequences of the State stepping in to prevent the jobs that this project will bring to Berlin & the North Country. I don't want to burst your bubble, but this is a done deal as far as I can tell. I'm disappointed as well but it appears as though the stars are aligning for this dirty little pink sheet company.

[Jon]

Don't worry Wingnut you'll see more entries.

[Jon Edwards (the fat bald guy)]

Wing Nut, You'll note that the Sierra Club has petitioned to intervene as well. I think it's important to note that the Granite Reliable Wind Project did not have a great deal of intervenors and that most if not all petitions were granted according to the NHSEC for one reason of many which is important; in order to more thoroughly explore the impacts of the project. If you go to the link below, you'll note that the SEC has provided an exhibit of a long process. This process has never been a "shoe in" for any proposal.

http://www.nhsec.nh.gov/2008-04/index.htm

[Jon Edwards (the fat bald guy)]

Once you've had a chance to review that link, it becomes noticeably obvious that Clean Power has a clear advantage by not having to go through the SEC process, and with Clean Power in negotiations with other state utilities as well as a valid complaint against PSNH, this is a long way from being over for Laidlaw.

http://www.nhsec.nh.gov/2009-02/index.htm

[Wing Nut]

Jon,

I was pleased to see the Sierra Club file as an intervener. They will help to ensure that Laidlaw has a good forest management plan in place and I suspect that they will also challenge Laidlaw's wood study. I'm a little disappointed that some sort of neighborhood committee didn't spring up on the East side to file as an intervener. The residents there made a mistake on that accord (in my opinion) because they'll be the most impacted by this plant (as well as the residents right across the river). I'm also surprised that other operating biomass plants didn't file for intervener status. If Laidlaw has a special (lucrative) PPA with PSNH you'd think they'd want to know about it and challenge it. I suppose it is possible that they are banking on the PUC to provide them with some protection (since the PPA must get PUC approval).

By the way, I was told this weekend that fan noise form a fluidized bed boiler can be significantly reduced by installing special noise controls in the smoke stack. If Laidlaw somehow manages to obtain permit approval let's hope the State mandates that they install whatever is necessary in the stack to minimize noise pollution. If we have to live with this plant in our back yard then no expense should be spared. Even Grenier should have enough brains in his head to agree with that sentiment (although I’m starting to wonder).

[Jon Edwards (the fat bald guy)]

Interesting to note that Sansoucy responded to a statement made at last night's council meeting that Laidlaw would need to build the fluidized bed boiler to an efficiency much higher than those types of boilers have been averaging around the country in order to have enough wood.

Also of note is that it appears the city will need to exempt biomass facilities from the city's five year partial tax exemption incentive program in order for the city to benefit from any tax revenue after these facilities receive their pollution control exemptions. I wonder how easy that will go over with two biomass companies that have spent loads of money already on their proposals and may certainly have already entered into discussions as to whether they qualify for these incentives.

If we can't get rid of the five year partial tax exemption without facing a legal challenge, we can always try for a PILT arrangement, but in order to have a PILT we need to talk with the owners of the Burgess mill site, who are not Laidlaw, as PJPD Holdings would ultimately be liable for enforcement of a PILT. It's time for Berlin to find out who the actual owners of the Burgess mill site are, in order to even consider a PILT. The city's attorney needs to request a meeting with the owners in my opinion as soon as possible.

[Jon Edwards (the fat bald guy)]

Has anyone tried recently to go to the citythattreesbuilt.com web site. Does it still exist?

[Wing Nut]

Jon, Rocky & others;

Below is the letter that I sent to Tom McCue this morning. I would encourage anyone with concerns about the Laidlaw project to contact him. His email address is atty@tfmccue.com

Dear Mr. McCue,

I am writing to you as a concerned citizen of the City of Berlin. I have been a lifelong resident of the City and I've been a homeowner for the past 10 years. I am strongly opposed to the proposed 70 MW biomass plant on the old pulp mill (Burgess) site. Some of my concerns are as follows;

Noise pollution: It has come to my attention that many residents across the river from the Schiller Station biomass plant are complaining about the noise levels from that plant. This concerns me because the Laidlaw plant will be extremely close to residential housing facilities and residential neighborhoods. Can the State & Laidlaw assure the residents of the City that noise pollution will not be an issue at this plant? I've been told by an employee of the Schiller Plant that fan noise can be reduced significantly if appropriate noise pollution controls are installed within the smoke stack. No expense should be spared in controlling noise pollution at this plant. Laidlaw must be forced to spend whatever is necessary to eliminate noise pollution. I'm also concerned about the noise from chipping operations & from "back-up" alarms of equipment operating on site. How will these noises be addressed by Laidlaw.

Odor pollution: It is my understanding that uncovered wood chips will ferment if they are allowed to be stored outside. Basically if they are stored outside for longer periods of time and they get wet they begin to ferment creating a very foul odor. Laidlaw must be forced to store all wood chips underneath appropriate cover (within enclosed structures). This would also help with dust control. I don't believe Laidlaw intends to store their wood chips inside (probably to save money) and this is not acceptable for a heavy industrial operation located so closely to commercial & residential properties.

Emissions: Will the plant have proper emission & pollution controls? Will the emissions pose any health hazards for the residents of the City, especially considering the close proximity of the plant to the local population? Will the emissions be appropriately monitored by the State and by Laidlaw? Will the emission controls include redundant systems that will kick in should one system fail?

Grid Capacity: Does the ISO NE report regarding connection of this plant to the Coos loop take into account the Noble project (99 MW) and the Clean Power project (29 MW) which are both ahead of Laidlaw in the Queue? If not then I believe the report is flawed. And, if this report is flawed then Laidlaw cannot (and should not) be granted a permit to operate

Wood supply: Does the Landvest study done for Laidlaw properly take into account all of the users of the "wood basket" here in Northern NE? If not, does this plant threaten forest sustainability in Northern NH (which has already suffered considerably due to the current practice of liquidation harvesting)? Forest sustainability needs to be a high priority as the State considers this permit application. After all, our forests are our #1 resource here in Northern NH. And, as a person who recreates regularly in the woods of the North Country I'm concerned about how this plant will affect our Northern Forest. Should we be sacrificing 100 truck loads of wood per day on a plant that is at best 20% efficient? From what I understand the wood study done by Laidlaw already shows a shortage of biomass for their plant. Please check my figures but I believe that the wood study done for Laidlaw shows 700,000 tons available annually and they need 750,000 tons to operate at full capacity. Where are they getting the additional 50,000 tons annually? It is my sincere believe that Laidlaw needs to create a companion wood growth management plan before they are granted a permit to operate this plant.

Financing: What kind of power purchase agreement does Laidlaw have with PSNH? Sworn testimony from PSNH at a recent PUC hearing would lead one to believe that there is no agreement between PSNH & Laidlaw. Such long term PPA's are generally required to obtain financing on a project of this magnitude. If there is a PPA (which PSNH denies) what are the terms of the agreement? Do these terms have a negative impact upon electric rate payers and/or other companies currently utilizing this wood basket? Will this plant drive up wood prices and put other companies that utilize this wood basket out of business? For that matter, who is the actual owner of the plant and who is providing the financing for the project? These questions need to be answered and the permit application from Laidlaw clearly does not answer them.

Company Experience: Please keep in mind that Laidlaw was founded 10 years ago and has not yet produced 1 MW of power. This fact alone clearly does not instill confidence in their ability to operate & manage a plant of this magnitude.

Carbon Neutrality: Is this plant carbon neutral? Shouldn't this question be properly addressed before we allow a plant of this size to operate.

Existing site contamination: This site is a Brownfield site with serious mercury contamination. Has the permit application addressed how plant construction & operation will affect the site contamination? Is there any danger that additional mercury pollution into the Andrscoggin River will result? This issue needs to be properly addressed before a permit to operate is issued to Laidlaw.

Fuel source: The permit to operate must guarantee that only virgin wood is being used as fuel. This should be a requirement for the entire duration of operations at the plant. Construction debris and/or animal waste cannot be allowed to be used as fuel at this plant.

Property values: Will this plant negatively impact property values in the City? If so, should a permit to operate be denied for this reason alone? After all, a persons home is generally their largest personal investment. Is it fair to allow a company like Laidlaw to negatively impact this investment for so many people?

Taxes: How much will Laidlaw pay in property taxes and should the amount be a stipulation in the permit approval? My personal opinion is that this issue has to be resolved before a permit to operate is granted given the severe negative impact of this plant on our community.

Regional Development: How will this plant negatively impact development of Berlin, particularly on the East side of the City? How will it impact the City's desire to attract additional tourism? These issues need to be properly addressed before a permit to operate is granted.

Thank you for taking the time to review my concerns. In my opinion this plant is inappropriately sized (too large based upon current wood studies) and is inappropriately located (too close to the local population). I personally pray that the State will deny Laidlaw permit to operate for these reasons alone. Just because the City has had heavy industry in its downtown for a majority of its history does not mean that it is appropriate to continue down this same path. After all, most people with common sense would tell you that biomass plants do not belong in the middle of a City immediately adjacent to residential and commercial properties & parks. I for one do not want my daughter to grow up in the shadow of a large biomass plant.

Please do not hesitate to contact me should you wish to discuss these matters further.

Thank you,
Wing Nut

[not even close wing nut]

Wing Nut,

After following this blog for a few months (mostly because its always good for a chuckle), I generally regard you as being the most realistic voice of opposition.

But this?

This letter says to me that you were too scared (or maybe not opposed enough) to file as an intervener to this project, given that being an intervener is the best and only avenue for you to voice concerns about this project at this time. Perhaps you feel that you don't have the knowledge or knowhow to thoughtfully oppose this project in front of people who actually know what they are talking about. I mean, I get it wing nut... its one thing to chat all day on the blogs and sign your alias at the bottom, but its another to actually be held accountable for your statements.

This meaningless letter to oppose the Laidlaw Project is clearly nothing more then an attempt to get a pat on the back from Rocky and Jon for doing your part.

Don't get me wrong, I think Jon is a joke, but at least he has the sincerity to attempt to intervene through the proper avenue. I will give him that.

First of all, the laidlaw project will be reviewed and considered on a state level, not a local one. In other words, why the hell do you think that Tom McCue is your best option to represent your concerns? I guarantee Tom will have about as much sway in the outcome of this process as you... meaning basically none.

Second, most of the areas of concern you voice are the exact issues the EFSEC committee will be reviewing. You aren't telling anyone anything, in fact it comes off as you just went through the last 6 month of blog postings and picked any and all concerns that have been raised. What about frozen wood chips? or invasive species? why didn't they make the cut?

Wake up man. You should have either grown a pair and tried to intervene on the EFSEC process, or stop pretending like you are being proactive and just continue posting here in an attempt to impress Jon and Rocky. Considering you missed the deadline to intervene, I sure hope the latter works out for you.

[Wing Nut]

Thanks for the constructive criticism but don't pretend that you understand my motives. Let me be perfectly clear. I don't want a biomass plant in downtown Berlin because I don't believe that this project is in the best long term interest of the City, County or State. Nor do I believe that this plant is in the best long term interest of electric rate payers. It is really that simple. Furthermore, even Laidlaw supporters here in Berlin should want Laidlaw to adequately address each of these issues during the EFSEC process. They are important issues that affect all of us living here in the City and in Northern, NH. Laidlaw's permit application currently leaves a lot to be desired, to say the least. Thanks again.........WN.

[Rocky]

.I hope that Mr.McCue shares your letter with Mayor & Council. I believe that other residents with the same concerns should get in touch with their elected officials.

[wood burner]

INTERVENERS
#1 WAGNER = N/A
#2 CITY OF Berlin = N/A
#3 CPD = N/A
#4 Jon Edwards = amounts to a joke
#5 Sierra club = N/A

Equals = Permit, construction in sept,oct 2010