Extracts from the RTS Dossier on: The Laois - Kilkenny Reinforcement - - PowerPoint PPT Presentation

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Extracts from the RTS Dossier on: The Laois - Kilkenny Reinforcement - - PowerPoint PPT Presentation

Extracts from the RTS Dossier on: The Laois - Kilkenny Reinforcement Project 18th January 2018 Presentation to Ministers Naughten and Flanagan There are many other issues, technical and legal flaws involved in this project. For simplicity


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Extracts from the RTS Dossier on: The Laois - Kilkenny Reinforcement Project

18th January 2018 Presentation to Ministers Naughten and Flanagan

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There are many other issues, technical and legal flaws involved in this project. For simplicity these are not presented here. Further detail can be provided on request.

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BUT FIRST........A QUESTION

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26th October 2009 - First Public Notice but, the public were actually the last to know……

http://www.eirgridprojects.com/media/EIRG017%2021x7%20MockUp.pdf

note this ‘X’ as a reference point for maps on next slides This is where the existing 400kV and 110kV lines cross at Loughteeogue The notice below gives the impression that the process is only beginning…

but already completed

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26th October 2009 - 1st Public Information Note this Date!!

We were told the project is to facilitate a new 110kv line to Kilkenny

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We asked why so many spare connections? We asked again and again for meetings but EirGrid refused to meet with our community locally.

2009 - RTS Discover "FUTUREPROOFING" of Substation

We discovered the substation in Laois would be huge with a large number of connection points. This information was not volunteered, this was discovered through our own research.

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Leinster Express 18th May. 2010 but no information... Leinster Express 22nd June 2010

2010 - FUTUREPROOFING - for what?

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Leinster Express 10th March 2013 .....still no information...

2013 - FUTUREPROOFING plans known but withheld Despite an oral hearing and court case, known information was withheld. We had to find all the following information ourselves ......and it is damning!!

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Article 2 (5). “The public concerned” means the public affected or likely to be affected by, or having an interest in, the environmental decision-making; .... Article 6 (6). Each Party shall require the competent public authorities to give the public concerned access for examination, upon request where so required under national law, free of charge and as soon as it becomes available, to all information relevant to the decision-making referred to in this article that is available at the time of the public participation procedure, ...

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There is a Legal Obligation to Inform the Public Without information there can be no real participation!!

(some relevant extracts from the Aarhus Convention)

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June / July 2009 - Europe already knew This project was a Fait Accompli - location decided

Europe already knew about this project - specifically named location! ‘Loughteeog’

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Routes decided and environmental reports being prepared!

Other Networks in the Midlands? FOR RENEWABLES!

August 2009 - An Bord Pleanala already knew This project was a Fait Accompli - location decided, routes decided, futureproofing for renewables and 'Other Networks'

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They started with the answer incl. routes… and drew the study area around it.

August 2009 - Laois County Council already knew This project was a Fait Accompli - location decided, routes decided

Entire 'consultation' was a farce. Decisions already made.

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this project is part of the failed wind export project The Laois-Kilkenny project should have died long ago along with GridWest and GridLink.

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BUT IT GETS WORSE.......

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We Discovered more 'FUTUREPROOFING' EirGrid withheld information about extra powerlines

October 2010 Extract from Eirgrid Presentation Mark Norton showing grid development at 2020

4 extra lines - forecast by 2020 in the RTS area

  • never mentioned by EirGrid

and cumulative impact not assessed!

EirGrid planned for this as far back as 2008

Note This Name!!

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November 2013 We presented all of this information and more to the An Bord Pleanala Oral Hearing

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EirGrid state - The Project is NOT FOR RENEWABLES. (stated in presence of EirGrid legal team who strongly controlled and influenced

  • ral hearing)

Not True!

November 2013 - EirGrid make false Statement to Planning Oral Hearing

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In a search for justice we had to go outside Ireland

  • 2015 March - RTS Group meet European Commission and subsequently lodge
  • complaint. Evidenced complaint accepted.
  • 2015 - RTS submit complaint to the UN-Aarhus Convention Compliance
  • Committee. Evidenced complaint Accepted

AN BORD PLEANALA / EIRGRID CAN'T BE TRUSTED

  • April 2014 - An Bord Pleanala GRANT PLANNING PERMISSION Despite all

the previous evidence and more.

  • 2014 - RTS take costly and stressful Judicial Review.
  • January 2015 - Case lost. ABP & Eirgrid tell court they will not look for costs.
  • January 2015 - RTS group notify intention to appeal.
  • 28th January 2015 - RTS Group ambushed and threatened out of court

appeal by state authorities (using costs as a threat)

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*Electricity Transmission Network: Discussion with EirGrid (Continued) Wednesday, 4 December 2013 Dáil Joint Committee on Transport and Communications Debate

EirGrid CAN'T BE TRUSTED!

November 2013 EirGrid told oral hearing The Project is "not to facilitate the connection of renewable generation"

30th January 2013 - EirGrid finalise report connecting Wind export project to Laois GRID25 project. One of ONLY 4 connection points in the whole country!! EirGrid knew but withheld this information. 4th December 2013 - Did Fintan Slye mislead the Dáil too when he said "none of the projects in the Grid25 programme are connected with or have anything to do with the wind export projects" *,

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January 2013 - EirGrid knew Coolnabacca-Portlaoise uprate project necessary for wind export project but withheld this. Cumulative environmental impact never assessed.

EirGrid CAN'T BE TRUSTED!

November 2013 EirGrid told oral hearing The Project is "not to facilitate the connection of renewable generation"

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EirGrid negotiating behind our backs to connect renewables to the substation

18th May 2016 - Pinewoods windfarm says "following detailed discussions with EirGrid, it has been agreed" that the windfarm can connect to the Laois-Kilkenny Project

EirGrid CAN'T BE TRUSTED!

November 2013 EirGrid told oral hearing The Project is "not to facilitate the connection of renewable generation"

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27th September 2017 - 300 acre solar farm says EirGrid will build connection for them to Laois-Kilkenny Project

EirGrid CAN'T BE TRUSTED!

November 2013 EirGrid told oral hearing The Project is "not to facilitate the connection of renewable generation"

EirGrid negotiating behind our backs to connect renewables to the substation

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  • All of our concerns are proven to be valid.
  • But EirGrid, a state company, put us through an extended planning process

and court case without disclosing the truth.

  • When we tried to appeal - state authorities used their access to public money

to threaten us out of court.

  • During the pretend 'consultation', the Chairman of our group was sent a

threatening solicitors letter for holding a phone on his own property. See planning inspectors report page 52

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EirGrid CAN'T BE TRUSTED!

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This same substation went on fire twice i.e. even heavily monitored situations are a risk

example of substation fires

EIRGRID / AN BORD PLEANALA CAN'T BE TRUSTED Why were Fire Risk / Accidents ignored after we raised it? Risk is real but was not considered!

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BUT EirGrid's Ground investigations completed during driest periods. ABP ignored our concerns and relied

  • n EirGrid info.
  • Nov. 2013 - RTS presentation to Oral Hearing

Water Table is only 1m below ground level

EirGrid / An Bord PLeanála CAN'T BE TRUSTED!

November 2013 EirGrid told oral hearing; Groundwater safe because the sands and gravels on the site are not saturated

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AN BORD PLEANALA CAN'T BE TRUSTED Why did An Bord Pleanala rely on out-of-date maps for GROUNDWATER RISK?

  • Approx. Location
  • f substation

New map (above) shows larger areas of high groundwater vulnerability! This updated map was published in December 2013. Planning granted in April 2014.

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EIRGRID / ESB CAN'T BE TRUSTED April 2017 - RTS catch EirGrid Red-handed - Unauthorised Development

EirGrid breach extensive planning conditions + Construct elements for which no planning even applied for + Exceeded depth of excavations stated in planning application (max depth 2.4m but went approx. 4 m. Significant due to aquifer!) + LCC knew in advance

No independent baseline studies. We still don't know if the aquifer is damaged.

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According to met-eireann, in April 2017; "All monthly rainfall totals across the country were below their Long-Term Average (LTA)” "Mullingar reporting … its driest April since the station opened in 1950.” See chart below which shows that Oak Park, Carlow had only 28% of its long term average rainfall

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April 2017 - Unauthorised Development; V. Low Rainfall but site wet Groundwater is at risk!

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EIRGRID's PUBLIC STATEMENTS CAN'T BE TRUSTED June 2017 - EirGrid Response to being caught

  • 1. Blame others

Infrastructure Agreement clearly states EirGrid are responsible for all aspects of planning permission

  • 2. Untrue

some of the works commenced had never even been part of the original planning application

  • 3. Speedily remove evidence

Laois County Council instructed speedy removal allowing EirGrid to remove evidence without complying with planning conditions

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LAOIS COUNTY COUNCIL (LCC) CAN'T BE TRUSTED 31st July 2017 - LCC finally issue Enforcement notice to EirGrid

LCC knew about planning breach in advance, waited as long as possible before site visit, accepted

  • ne page 'restoration plan' and instructed 'restoration' in a further breach of the planning
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for a site which required

  • EIA and
  • AA and
  • compliance with planning conditions

and

  • is directly above a highly vulnerable

aquifer with a high water table which feeds into an SAC This further development was simply accepted by Laois County Council effectively allowing the same breach of planning to occur twice without any investigation of impacts

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EIRGRID / LAOIS COUNTY COUNCIL CAN'T BE TRUSTED. 4th July 2017 - One Page restoration plan

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27th June 2017 Dáil Debate (Extracts) – Unauthorised Development by Eirgrid

Deputy Sean Fleming: "I personally believe that some of the documentation it has submitted to An Bord Pleanala is

  • fraudulent. The issue is far more serious than someone commencing work on a project that

had planning permission prior to lodging a commencement notice" It has been dishonest in its dealings with what it submitted to An Bord Pleanala. It has been dishonest with Laois County Council. I am very concerned that EirGrid has shown a lack of candour in briefing the Minister today with what I would call the harmless response it drafted." "In its dealings with An Bord Pleanala it is calling this "minor alterations" because it knows that if it asks for retention, which is the reality, there is no provision in law to give retention for works covered by an area that required an appropriate assessment as carried out by An Bord Pleanala. It is telling An Bord Pleanala that works have not even commenced. It is looking for permission to do these proposed works. Everything about its submission is dishonest and fraudulent. It must withdraw from site unilaterally, completely and forever."

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Deputy Brian Stanley: "I have requested that it informs us immediately of the full extent of what is planned in that area. It has broken the law and disregarded the planning process." ..."the planning process on this project is in tatters". Deputy Denis Naughten: "It came to light that the works were proceeding without the planning conditions being discharged by Laois County Council, including the erection of a temporary pylon."... ... "No further works will take place until the necessary planning conditions have been agreed in writing with the planning authority, which is Laois County Council.

27th June 2017 Dáil Debate (Extracts) – Unauthorised Development by Eirgrid

Minister Flanagans statements at RTS EGM

“There has been a clear breach of law,” said Deputy Flanagan, recently appointed as Minister for Justice and who had met representatives from EirGrid in the past week as well as Denis Naughten, Minister for Communication and his party colleagues Heather Humphries and Regina Doherty who have experience of something similar in their constituencies. “The breach is sufficiently serious to abandon the project. I don’t believe there is any way back for EirGrid. They should pack up their machinery and should not come back.”

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"No provision in law to give retention for works covered by an area that required an appropriate assessment" ...but An Bord Pleanala granted permission.

EirGrid / An Bord Peanála CAN'T BE TRUSTED!

And, in law there is no provision for retrospective submission of commencement notice.

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Commission for Energy Regulation (CER) CAN'T BE TRUSTED to protect the interests of citizens or consumers

See Wind Aware Report Launched 15th November 2017 Laois-Kilkenny Project is a case study

Economists Colm McCarthy and Cormac Lucey have both written about it

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EirGrid Board CAN'T BE TRUSTED; Rubberstamping €110million Another One page Wonder! - for €26million increase

Since 2008 EirGrid Board only review reduced papers for Capital Projects How can EirGrid board 'hold management to account' 'collectively' if some of them are involved in filtering and putting board papers forward?

Sub-group effectively pre-approves

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"1. Role of the Board - Principles The Board is responsible for holding the CEO and senior management to account for the effective performance of their responsibilities. 1.4 Collective Responsibility: The collective responsibility and authority of the Board should be safeguarded. All Board members should be afforded the opportunity to fully contribute to Board deliberations, and where necessary to provide constructive challenge, while excessive influence on Board decision-making by one or more individual members should be guarded against. 1.7 Matters for Decision of the Board: The Board should have a formal schedule of matters specifically reserved for it for decision to ensure that the direction and control of the State body is firmly in its hands (some of these matters may require Ministerial approval). This schedule should include, at least, the following:

  • major investments and capital projects;"

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Code of Practice for the Governance of State Bodies - 2016 some relevant extracts

(these are almost identical to 2009 version)

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9th January 2018 - Minister Simon Harris recognises that consultation on a fait accompli is not acceptable.

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We Note the Minister has responsibility for Governance of the following parties involved: ESB, EIRGRID and a legal DUTY OF CARE to act on our concerns. (Post-meeting clarification: It is our understanding that CRU (previously CER) are subject to Regulatory Corporate Governance by DCCAE. Minister Naughten clarified on 18/01/2018 that CRU are answerable to a Joint Oireachtas Committee and that the protection of Groundwater by EPA & Local Authorities is through DHPCLG. The governance arrangements surrounding CRU require further clarification.)

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based on the evidence (only a sample is presented here)

We have NO CONFIDENCE in EirGrid or ANY of the agencies involved in their oversight!

EIRGRID ARE TOXIC THERE HAS BEEN TOTAL SYSTEMIC FAILURE re. LAOIS-KILKENNY PROJECT

COMMITMENTS

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Key Issues - EVIDENCED

  • Cumulative impact / fire risk / aquifer risk never assessed
  • Known Information withheld
  • Extra powerlines planned
  • Renewables planned and negotiated behind our backs
  • Public participation was for show
  • Breach of planning conditions
  • Entire project and Cost increase -No Cost Benefit Analysis
  • Rubber-stamping by board - Corporate Governance issue
  • EirGrid cannot be trusted
  • All Gatekeepers a failure (ABP, CER, EirGrid Board, LCC)

THE PROJECT IS DEAD

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Please note: this information has been gathered and prepared by local families and farmers in Laois under stressful conditions where the local community have had to stand up against well resourced State Agencies. It presents a short overview of information gathered in an almost decade long ongoing attempt to highlight the systematic failures and risks surrounding the Laois-Kilkenny Reinforcement Project.