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Portsmouth council says EFSB retains authority on Rhode Island Energy placement; town will monitor noise
Summary
After the Energy Facility Siting Board approved a temporary Rhode Island Energy facility placement, Portsmouth councilors urged monitoring and coordination with the utility and EFSB rather than unilateral local enforcement, citing jurisdictional limits and residents' noise concerns.
Councilors on Sept. 23 described continuing noise and safety concerns related to Rhode Island Energy’s temporary peak‑shaving facility and acknowledged that final authority rests with the state Energy Facility Siting Board (EFSB).
Councilor Gleeson said the council previously found the project “would not meet the town’s noise ordinance limits” and urged noise monitoring and enforcement where appropriate. The town solicitor clarified that the council’s advisory opinion to the EFSB was nonbinding: “They retained jurisdiction to look into more into noise issues and possibly order further testing and mitigation,” the solicitor said.
Rhode Island Energy has been asked, and in some cases has agreed, to notify the town and neighbors ahead of venting or operations that could raise noise levels. Chief Peters said the police department has been invited to use town noise meters to document events and that notification procedures are in place when the utility schedules venting.
Councilors and staff agreed the practical route is to coordinate monitoring with Rhode Island Energy and the EFSB rather than attempt unilateral town enforcement, which legal counsel warned could expose the town to litigation if it exceeded its jurisdiction. Council recorded a motion to receive the EFSB placement and noted there was no further local action available; that motion passed 7–0.
Councilors said they will continue to press for communication with neighbors about venting schedules and will document noise with meters when incidents occur so the EFSB and utility have concrete data for any required mitigation.
