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Legal snafu over canceled natural gas plant site ensnares Connecticut energy storage project

An architectural rendering showing an overhead view of blocks of truck-sized containers holding batteries, surrounded by woods and other industrial buildings.

A planned 325-megawatt battery energy storage system at a key location on New England’s power grid could boost Connecticut’s access to carbon-free power — but only if it can overcome complicated legal and political barriers. 

An Israeli firm, Sunflower Sustainable Investments, filed an application in October for the project with the Connecticut Siting Council, which has regulatory authority over the siting of power facilities.

The $200 million project, called Windham Energy Center, would be located on a largely undeveloped 63-acre site in Killingly, Connecticut, that was slated for construction of a fossil fuel power plant a few years ago. There is existing electric transmission infrastructure immediately adjacent to the site, and the project will connect to the grid via a 345-kilovolt transmission line. 

A spokesman for Windham Energy, Jonathan Milley, said the location is ideal for a battery facility. 

“If you look at the topology of the New England grid, this is at the intersection of the Millstone nuclear power plant and Brayton Point,” in Somerset, Massachusetts, where approved offshore wind projects will eventually be connected to the grid, Milley said. “This nodal location will at certain times of the day and under certain conditions have some of the lowest cost energy available to it on the grid.” 

The project would consist of lithium-ion batteries installed in racks in prefabricated containers, and a switching station operated by Eversource to connect them to the transmission line. The equipment would be located within 20 acres of the total project site. 

But the project is currently hung up by an administrative roadblock. That’s because in 2019, the siting council approved an application from NTE Energy to build a 650-megawatt natural gas plant on a portion of the same property. 

That project, which ran into a storm of opposition from environmental advocates, was never built, and NTE Energy has since dissolved. But nevertheless, on Nov. 8, the siting council’s executive director, Melanie Bachman, notified Windham Energy that it is “premature” for the body to review their application because the Certificate of Environmental Compatibility and Public Need previously issued to NTE still exists. 

The certificate has not been surrendered to the council, she said. And it will otherwise only be void if construction on the gas plant has not been completed by September 28, 2026. 

Windham Energy has asked the council to declare the certificate no longer valid, noting that NTE Energy no longer exists nor holds an option to purchase the property, and that its energy supply agreement with regional grid operator ISO-New England was also revoked in 2022. 

Milley said battery storage is needed to complement the state’s offshore wind goals; the batteries can store surplus energy from wind sources when production is high, and then dispatch it to the grid when it is needed. In 2021, state lawmakers set a goal of at least 1,000 megawatts of energy storage deployment by December 31, 2030.

“If there’s a developer willing to build what the state is looking for and not asking for anything else, it doesn’t seem like asking too much for the council to nullify an existing certificate for an entity that doesn’t exist,” Milley said. 

For now, counsel for Windham Energy has sent a letter by certified mail to Stephanie Clarkson, who they say is the last known contact for NTE Energy, asking her to “advise whether the Certificate issued to NTE should be an impediment” to their proposed project.

Addressing safety concerns

The town of Killingly has requested party status in the hearings before the siting council. 

In a letter to Windham Energy following a meeting with the developers, Town Council chair Jason Alexander and vice chair Tammy Wakefield raised concerns about the potential for fire at the facility, pointing to a recent fire at a battery storage facility in New York, and asked how they would prevent a similar event.  

Three battery storage projects caught fire in New York in 2023, prompting Gov. Kathy Hochul to convene a working group to draft updates to the state’s fire code to improve safety and emergency preparedness in the planning of such projects. 

Other towns in Connecticut have also raised concerns about fires for much smaller battery storage projects proposed by Key Capture Energy, of Albany, New York.

Milley says town officials are “right to ask these questions,” and he is focused on addressing their concerns. He noted that Windham plans to use lithium iron phosphate batteries, a type of lithium battery he says is much less prone to fire.

“The element in the battery is iron, which doesn’t burn,” he said. 

However, he added, Windham fully intends to work with town and state fire authorities to develop a response plan “whether it’s a strict requirement or not.” 

In the meantime, Windham Energy has filed a motion with the siting council to reopen the docket concerning NTE Energy so that it might modify its decision and revoke the earlier issued certificate. 

The council is expected to take up that motion during its Feb. 6 meeting. 

Legal snafu over canceled natural gas plant site ensnares Connecticut energy storage project is an article from Energy News Network, a nonprofit news service covering the clean energy transition. If you would like to support us please make a donation.

As Rhode Island considers future of gas, advocates call for ‘realism’ on cost, availability of RNG

Three smokestacks are visible in this shot of the brick power plant.

As a state committee studies ways to wean Rhode Island off of natural gas, several of its members want the group’s final report to dismiss one potential pathway as wholly unrealistic.

Switching to renewable natural gas or other alternative fuels appears to be neither a feasible nor a financially viable solution at this time, say multiple stakeholders who have commented on a draft outline of a report a consulting group prepared for Rhode Island regulators.

RNG is derived from biomass or other renewable resources. It is a biogas, captured from the decomposition of organic matter, such as animal manure or food waste.

Many gas utilities around the country are pushing for RNG as part of the solution to lowering greenhouse gas emissions. But Michael Walsh, a partner at Groundwork Data, a clean energy consultancy that worked with the Conservation Law Foundation and the Sierra Club in the committee process, told the Energy News Network that “we don’t see a lot of viability with the RNG pathway,” both because of limited availability and because it is much more expensive then fossil fuel gas to produce.

While RNG is interchangeable with conventional natural gas, “realism about the availability and cost of alternative fuels for the gas system is necessary” for the planning process, wrote Nicholas Vaz, Rhode Island special assistant attorney general, in his comments on the draft. 

Vaz cited a 2019 study prepared for the American Gas Foundation that looked at RNG production potential by 2040, based on the availability of source materials and utilization. Based on those findings, Vaz concluded that the amount of RNG available by 2050 would only allow for about 17% of Rhode Island households to remain connected to the gas system.

Currently, more than half of Rhode Island homes receive natural gas service.

The state Public Utilities Commission established the stakeholder committee as part of its “Future of Gas” docket, an investigation of the future of the regulated gas distribution business in Rhode Island. That docket was opened in 2022 in response to the passage of the state’s Act on Climate, which mandates a 45% reduction in greenhouse gas emissions below 1990 levels by 2030, 80% by 2040, and net-zero by 2050.

The natural gas system operated by Rhode Island Energy accounts for almost 40% of statewide emissions. So the PUC, which regulates the utility, is in the tricky position of having to craft a plan for getting commercial and residential customers off natural gas, finding a way to pay for it, and ensuring that consumers aren’t harmed in the process. Regulators will use the committee’s report to help inform the strategy it lays out.

The neighboring state of Massachusetts is a little farther along in that process; its state Department of Public Utilities issued an order last December outlining a strategy for getting the state off natural gas.

While utilities there initially pushed for a plan that was heavily reliant on RNG, regulators ultimately rejected that approach, citing concerns about availability, cost and whether such alternative fuels will actually lead to a reduction in emissions.

To some extent, Massachusetts’ work to date helped inform the committee process in Rhode Island, Walsh said.

“We had a lot of Massachusetts folks in the room to share lessons learned,” he said. “We at least got through some of the questions faster.”

Ben Butterworth, director of climate, energy and equity analysis for the nonprofit Acadia Center, told ENN his organization would like to see Rhode Island prioritize much of what is in the Massachusetts strategy: a focus on electrification and energy efficiency, disincentivizing further expansion of the gas system, and pilot programs focused on the strategic decommissioning of the gas system.

The PUC must also consider how to fund the transition, Butterworth noted. Vermont and Massachusetts are pursuing a clean heat standard as a funding mechanism for climate goals, while New York is pursuing a cap-and-invest approach. 

“Finding that mechanism is critical, and the report should include at least those options,” Butterworth said.

At the same time, the report should include a discussion of possible mechanisms to protect low-income ratepayers from “the inevitable initially increased costs of electrification,” urged Jennifer Wood, executive director of the Rhode Island Center for Justice, in her comments on the draft.

These might include capping the amount a household pays for electricity as a percentage of their income; rate reforms; and assistance programs to defray the costs of installing electric heat pumps.

“Low-income utility customers living in rented homes that are least well equipped for energy efficiency are already most harmed by the social effects of climate change,” Wood wrote. “The only way to ensure that they will not be doubly harmed by unsustainably higher utility bills during the transition…is to decouple income-eligible consumers’ energy costs from the near-term impacts of necessary, but initially more costly, electrification.”

The committee is expected to issue a final report with its findings and recommendations to the PUC by the end of the year.

As Rhode Island considers future of gas, advocates call for ‘realism’ on cost, availability of RNG is an article from Energy News Network, a nonprofit news service covering the clean energy transition. If you would like to support us please make a donation.

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