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Richmond council approves two Rhode Island Energy pole placements after debate over litigation
Summary
After debate about whether approvals would affect pending litigation with Green Energy, the Richmond Town Council rescinded a prior vote, revoted and approved two Rhode Island Energy petitions to install overhead poles; the council also recorded members' concerns for the minutes.
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The Richmond Town Council approved two petitions from Rhode Island Energy to install and relocate utility poles on Shannock Hill Road following debate about whether the approvals could affect an ongoing legal appeal involving Green Energy.
A council member moved to approve petition WR 30991383 to install pole JOP15-50 on Shannock Hill Road; the motion prompted a point of order from another councillor who asked why the council should act while related litigation was pending. An official advising the council said the zoning board’s jurisdiction covered only the parcel of land and that the town has authority over equipment in the public right-of-way. The advisor said, “The issue before you is, on the plan, it was gonna be below ground. Now it's going these 2 poles are gonna be above ground,” and that because the placement is in the right-of-way, council approval is required.
Councilors and the applicant’s representatives also discussed whether the pole work served multiple customers and whether it was solely for a proposed solar project. An on-site representative clarified the intended user as “GD Richmond” but said the applicant did not own the equipment and that the application was an interconnection matter under the town ordinance, not the subject of the separate Supreme Court appeal.
After an initial vote was rescinded at the council’s request, a new motion to approve petition WR 30991383 passed on a revote. The council then voted to approve petition WR 30991420 to install new poles P1–P3 (with anchors and a 12-foot lead on P3) on Shannock (Channock) Hill Road; Rhode Island Energy’s attorney and field representatives explained the work involved relocating existing infrastructure and upgrading aging poles to improve reliability.
A Rhode Island Energy representative urged the council not to delay the upgrades, saying the work “will be more reliable” and describing upgrades to cable spacing, ampacity and feeder ties. Some council members said their 'no' votes on the earlier item stemmed from concern that approving the pole work might be seen as undermining the town’s litigation posture; the town attorney/staff replied the two matters are legally separate. One councillor asked that their reservation about potential litigation impacts be recorded in the minutes.
The approvals were made after members followed procedural steps including a motion to rescind the earlier vote and a subsequent revote. The council also filed communications related to both pole-placement items.
The meeting later entered executive session on unrelated legal grounds and returned to open session.

