In the latest Invenergy power plant news, the Town of Johnston faces another lawsuit- this time from the Town of Burrillville. But Johnston Mayor Joseph Polisena says he’s not worried.
The Conservation Law Foundation filed a lawsuit Monday, challenging Johnston’s authority to resell water from its Providence supplier to Invenergy, backing its claim with a 1915 law.
Burrillville filed a separate lawsuit on the same day, making the same argument, and citing the same 1915 law. Burrillville representatives announced their lawsuit on Wednesday.
Polisena said he was unaware of either lawsuit until members of the media began calling him.
On Tuesday, Polisena responded to the CLF suit saying he was confident in the deal he made with the Chicago-based energy company. The mayor’s response did not change when he learned of the Burrillville suit.
“We have the right to govern our town the way we want and to sell water to who we want to sell it to,” added Polisena, Thursday.
Polisena told RIPR he hasn’t spoken to Invenergy officials since the lawsuits, but he’s not worried the company will change its plans. He said he remains confident the water deal will prevail in court.
The 1915 law cited in both lawsuits limits “domestic, fire, or ordinary municipal water supply purposes” as the only acceptable uses under which a town like Johnston is allowed to buy and sell water. The CLF and Burrillville argue Johnston’s agreement to supply the proposed Burrillville power plant with water does not fall under those uses.
Johnston stands to make $18 million over 20 years with the water deal they penned with Invenergy.
Burrillville is declining comment as the claim moves forward.
