Competitive Power Ventures has not yet filed with the Massachusetts Energy Facilities Siting Board to get its power plant proposal approved by the state, according to a state official.
CPV representatives have said it is not its intention to surpass local boards in its plans to build a power plant on roughly 14 acres at the end of Industrial Road.
If the power plant proposal does not get approved by Walpole’s boards, CPV could conceivably go to the siting board to reverse the town’s decision and bypass local control, said Tim Shevlin, executive director of Department of Public Utilities.
‘‘The Energy Facilities Siting Board does allow for zoning exemption, so we could appeal to the siting board and they could circumvent local permitting. That is not our intent here,’’ said Orlando Martinez, development director, at last week’s selectmen’s meeting.
CPV’s clear intent has always been to work with the community, company spokesman Scott Farmelant said yesterday.
Farmelant would not speculate about CPV’s plans regarding the siting board if CPV doesn’t obtain the OK from the local boards, however.
He did say that the siting board was not currently on CPV’s radar.
When asked if the town may consider requiring CPV to guarantee it doesn’t go before the siting board, Town Administrator Michael Boynton said, ‘‘I would certainly hope that if Walpole says no, the answer is no.’’
A review before the siting board would be similar in nature to Mass Housing reviewing a Chapter 40B housing project that a particular town is not in favor of. It’s a process that Boynton has gone through before.
He said he’s not a ‘‘fan of any state agency that can overrule’’ Walpole boards.
CPV will still need to go before the siting board if it is approved by Walpole boards because power plants producing more that 100 megawatts are automatically placed in its jurisdiction, Shevlin said. The Walpole power plant is being proposed at 300-600 megawatts.
The siting review process is a legal proceeding designed to protect the rights of all participants, according to the state. State law requires the siting board to ensure ‘‘reliable energy supply for the Commonwealth with a minimum impact on the environment at the lowest possible cost.’’
If the power plant proposal were to go to the siting board, it would be divided into three phases.
The first is the Procedural Phase, primarily made up of hearings at which the public can comment on proposed projects. It would be held at night in Walpole or the vicinity to enable as many people as possible to attend.
Next is the Evidentiary Phase, where those wishing to continue to be a part of the process must file a petition to the presiding officer to act as an ‘‘intervener’’ or ‘‘limited participant.’’ Witnesses would be questioned under oath by the siting board, developers and interveners. All parties would be able to provide written arguments, called briefs, during this phase.
Three to four months after the briefs are submitted, the siting board issues a tentative decision. Amendments would be discussed and the siting board would then meet in public for a final vote on the proposal.
The Evidentiary and Decision phases would take place in Boston during business hours.
After a decision is made, an appeal could be made by either party to the state Supreme Judicial Court.
Keith Ferguson can be reached at 508-668-0243 ext. 14 or via email at keith@walpoletimes.com.
