Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Energy Siting topic
No spam. Unsubscribe anytime.
Falmouth authorizes intervention in Eversource substation siting to press for alternatives and protections for neighbors
Summary
After community objections to an Eversource substation proposal, the Select Board authorized town counsel to file a motion to intervene before the Energy Facilities Siting Board (EFSB) to preserve the town’s procedural rights, seek alternative siting and protective conditions, and participate in discovery and briefing.
The Select Board voted May 18 to authorize town counsel to file a petition to intervene at the Energy Facilities Siting Board (EFSB) in a contested case over Eversource’s proposed substation. Town counsel said the petition would give Falmouth party status, access to discovery and the right to file motions and appeals — tools that town staff and abutters do not have as mere public commenters.
At the hearings that preceded the vote, residents and board members raised objections to Eversource’s requested waivers from local zoning and environmental bylaws. Counsel cautioned that the EFSB’s statutory role often permits waiver of local rules but said intervention gives the town greater ability to press for alternatives, additional mitigation (setbacks, screening, relocation to less-populated parcels) and to test the company’s assertions through document requests.
‘‘As a hosting community, we have an opportunity not only to participate but to intervene as a full party,’’ counsel told the board. ‘‘Intervenor status allows us to present evidence, file briefs and appeal, and it helps ensure our neighbors’ concerns are explored formally rather than only at a public hearing.’’
Board members who attended earlier EFSB outreach sessions said they felt Eversource had not responded to neighborhood suggestions and urged the town to pursue intervention quickly; the EFSB filing deadline counsel mentioned was May 29 for petitions to intervene or limited participation.
Board vote and next steps
The board voted to authorize town counsel to file the petition and to pursue party status before the EFSB. Town counsel said the town will seek to use the intervenor process to explore site alternatives and stronger protective measures for abutters, even while cautioning that the EFSB’s enabling statute can limit the extent to which local bylaws constrain siting decisions.
Residents and board members urged the town to examine adjacent town-owned parcels as possible alternatives and to keep public outreach active as the process moves into discovery.
What the public should expect
If the EFSB grants intervention, the town — as a party — will receive filings in the docket, be able to issue document requests, cross-examine witnesses and file written testimony. Counsel recommended using the procedural tools to attempt negotiated changes to the site plan and to document alternatives for the board and public record.
The board’s authorization preserves the town’s option to litigate or negotiate; it also buys the town time to develop technical and visual analyses that could inform compromise outcomes.
