Compressor Station Information

Town of Weymouth, Algonquin Finalize Emergency Management Plan, Permanent Air Monitoring Station, and Host Community Agreement

After years of opposition, the compressor station is fully permitted and operational. Provisions and stipulations, addressing public safety and environmental concerns, to protect the residents of Weymouth have been adopted in response to state and federal permits.

Latest Compressor Station Information

See below for compressor station notices, notifications, correspondence, and other relevant updates:

Public Case Documents

The Town has compiled and uploaded the compressor station public documents which include all of the Town's public filings in more than 20 lawsuits that were filed or defended. This also includes information about the Health Impact Assessment and state public records obtained during discovery along with public records requests made during litigation. The information includes more than 18,000 documents and is sorted by case or docket number. Click "Public Case Documents" above or this link to access the directory of files.

For a table summarizing Weymouth's Compressor Station Opposition History, click here.

To view the Town's recently executed Host Community Agreement, click here.

Mayor Hedlund MEMO to the Council RE: Correspondence to the Attorney General regarding Host Community Agreement

As the Town Council considers tonight’s agenda item, entitled “Correspondence to the Attorney General Regarding Mayor’s Community Benefits and Settlement Agreement with Algonquin Gas Transmission, LLC,” I think it would be important for the Council to consider a few points.

First, the Council recently received a letter from the Attorney General in response to a request to review another agreement negotiated by and under the purview of the executive branch, here the Mayor. The Attorney General’s Office responded on January 9, 2020 by indicating “The AGO's statutory authority to render formal legal guidance and opinions extends only to opinion requests by state officials, district attorneys, and branches and committees of the Legislature.” A copy of that letter is attached. The AGO’s letter concluded with the statement that the office was “unable to provide you with legal guidance on this matter.”

Further, and perhaps more importantly, the Attorney General’s Office represents, and has been defending for more than a year, state agencies, such as the Department of Environmental Protection (DEP) and the Office of Coastal Zone Management (CZM), in 5 of our 23 lawsuits that we have filed to stop the compressor station. The Attorney General’s Office sought to dismiss one of the last pending lawsuits we were pursuing to reverse a CZM decision allowing the compressor station project to go forward. Last week, Norfolk Superior Court agreed with the AGO argument on behalf of CZM and dismissed one of the last four pending lawsuit seeking to stop the compressor station.

Defense of state agencies is the legally defined role of the Attorney General’s office. It would be illegal for the Attorney General to involve its office in a Town matter of this nature.

Also, it is somewhat ironic that many have applauded the work of the Town’s attorneys, whose actions have delayed the startup of the compressor by three years and resulted in significant positive outcomes for the Town such as making the compressor station emit less pollutants, run fewer times a year, run short periods of time when running, run more quietly, and have fewer impacts on the environment, would now question the competency of those very same attorneys who assisted with the drafting of and reviewed this Host Community Agreement. I am concerned that the Council now prefers to seek advice from the attorneys who represent the state agencies who have rubber-stamped these permits allowing the compressor station to be fully permitted.

If the Council wishes to receive further legal explanation from our attorneys, the Town Solicitor is available during tonight’s meeting or the Town’s attorneys can provide written responses to any additional questions at a later date.

Statement from Mayor Hedlund in response to recent resident inquiries:

Thank you for reaching out to me regarding the Host Community Agreement between the Town of Weymouth and Enbridge, the owners of the natural gas compressor station in North Weymouth. I share your anger and disappointment.

For the last five years as Mayor, the Town and I have fought as hard as any entity in opposing the siting of this compressor station in North Weymouth. In 2016, Enbridge offered the town a deal worth $47 million in exchange for not fighting at all. I was told that no community in America had ever been successful in stopping the Federal siting of a compressor station and that, at best, we had a 10% chance of winning. Despite those slim odds, I rejected that deal and I have been fighting like hell against the Compressor Station ever since.

I am incredibly proud of our fight against Enbridge’s Compressor Station. Our efforts delayed the project by years and forced Enbridge to make some site and safety concessions, including the siting of an air monitoring station. The unfortunate reality is that the fight to stop the Compressor Station from being built was not successful. The Enbridge Compressor Station is not only built, it is fully permitted and days away from being back fully operational. Believe me, that is neither easy nor enjoyable to have to admit after five years of giving everything we had.

We did everything we could, with many powerful partners, to try to stop the Enbridge Compressor Station from being built. We have spent over $1.6 million in outside legal fees alone. We have filed or fought 23 different lawsuits. We have not won a single one of those lawsuits. While a few remain in appeal, like all the ones before them, there is no expectation that any decision will be overturned in favor of Weymouth. Enbridge still has all the permits necessary to operate.

Given the fact that this was a Federal Energy Regulatory Commission (FERC) process and permit, we asked our Legislators in Washington D.C. to help us stop this at the federal level. While Senator Warren, Senator Markey and Representative Lynch have been vocal partners in our fight against Enbridge, they were unsuccessful in helping us to stop FERC from issuing a permit. The same is true of our local state legislators. We had strong partners in Majority Leader Mariano, Senator O’Connor, and Representative Murphy. Even those partnerships weren’t enough to stop the Compressor Station from being built.

It is only with the reality of imminent operations at the Compressor Station, and in the best interests of the community in mind, that I began a conversation with Enbridge to address public safety and other concerns. In addition to the creation of an emergency response plan and the location of a permanent air monitoring station, I made the difficult decision to sign a Host Community Agreement. That agreement will afford the town the ability to address future health and public safety needs, including the immediate purchase of upgraded fire apparatus.

My decision was sincerely made with the best interests of our community in mind, under the worst possible set of circumstances.

While I empathize with the anger and frustration behind calling the Host Community Agreement a “sell out” or “hush money or “blood money,” it also ignores the facts and reality of the situation. The Enbridge Compressor Station is built, fully permitted and days away from being fully operational. Not signing a Host Community Agreement would change none of that.

The choice was: 1) be forced to host a compressor station we never wanted and get no compensation from Enbridge to help protect and improve our neighborhoods, or 2) be forced to host a compressor station we never wanted and get $38 million to help protect and improve our neighborhoods. Those who believe Enbridge should and would simply give Weymouth millions as a good neighbor haven’t been paying attention to this fight. Enbridge is a multi-billion-dollar corporation that is only interested in making even more money for its executives and shareholders. I believe some of the money that Enbridge will be making on the backs of North Weymouth residents should come to Weymouth instead of further padding the pockets of corporate executives.

Signing the Host Community Agreement does not mean we stop fighting for our neighborhoods. I, as Mayor, will still do everything in my power to make sure Enbridge complies with their responsibilities under the permits and agreement.

The Host Community Agreement does not prohibit the Town from future objections, opposition, or litigation on any expansion or action not already permitted under the Atlantic Bridge project. The Town also retains the right to challenge any action we believe is in breach of conditions set in existing permits and agreements. It also does not prevent individuals and civic groups from continuing to fight and holding Enbridge accountable.

Sincerely,
Mayor Bob Hedlund

The Town of Weymouth along with Algonquin Gas Transmission, LLC – a subsidiary of Enbridge (formerly Spectra) – formalized an Emergency Response Plan, location of a permanent air monitoring station, and Host Community Agreement. This resolution is the result of more than five years of aggressive Town opposition to the natural gas compressor station that is now fully permitted and operational.

Future Legal Rights

Moving forward, the Town will maintain its future legal rights to oppose any changes to the permitted facility or to enforce the existing permits. The Town has fought the expansion plans for the natural gas companies for more than five years (Appendix A).

“This Emergency Response Plan and Host Community Agreement will in no way preclude or forfeit the Town of Weymouth’s rights moving forward to regulate or enforce existing permits, protocols, and pursue legal action if the gas company is in violation of its Federal and State permits,” said Mayor Robert Hedlund. “By signing a host community agreement, the Town does not forfeit, preclude, or prevent the Town from making sure the compressor station operates within the limits of its existing permits. If the natural gas company steps over the line set by these permits, the Town retains every right to seek from the proper regulating authorities—which are unfortunately NOT the Town—that those regulators hold the natural gas company to the strictest terms of their existing permits.”

Emergency Response Plan

Town public safety and emergency management officers concluded drafting its emergency plan and Algonquin has shared with the Town officials its emergency safety plan. The combined 1,100-page Emergency Response Plan addresses and includes the steps and actions public safety officials and the public will need to take to respond in the event of an emergency. The plan includes provisions on updated fire department training and emergency response protocols (Appendix B).

Air Monitoring Station

The Town and Algonquin, along with the Massachusetts Department of Environmental Protection (DEP), and with input from the Fore River Residents Against Compressor Stations (FRRACS), have agreed to the location of a permanent air monitoring station. The station will be sited on Town-owned land off Monatiquot Street at the corner of Bluff Road. This site is the closest to Town residents, providing the most accurate information about the air residents breathe (Appendix C).

“The Health Department worked with: the Department of Environmental Protection (DEP), Weymouth Conservation Department, Weymouth Town Solicitor, Weymouth DPW and other town representatives to determine what we believed to be the most suitable location for siting of the air monitoring station,” said Weymouth Health Department Director, Daniel McCormack.

Host Community Agreement

The third component of the agreed upon provisions includes the finalizing of the financial aspects of a Host Community Agreement between the Town and Algonquin. The financial provisions would be worth $38 million to the Town, including a $10 million payment made within thirty days and $28 million in additional real estate taxes paid over the next thirty-five years.

The $10 million paid by Algonquin to the Town will be earmarked and used at the Town’s discretion, and in most cases to address public safety issues and infrastructure improvements to North Weymouth, for: public safety, health and environmental concerns; general infrastructure improvements; coastal resiliency, infrastructure, and beach improvements; and information technology infrastructure improvements (Appendix D).

Tax Structure

In addition to the $10 million dedicated to the aforementioned town wide infrastructure items, Algonquin agreed to work cooperatively with the Town and state to change state tax law in order to prevent a less favorable property tax structure from being applied to the compressor station upon operation. This change would allow the Town to collect over $1.5 million annually in property taxes after the completion of the compressor station, rather than the approximately $50,000 in tax revenue it would receive annually under current state tax law (Appendix E).

North Parcel Conservation Restriction

In the Host Community Agreement, Algonquin also agreed to work cooperatively with Calpine and the Town to improve the area of the North Parcel along the Fore River as a public resource, much like the nearby King’s Cove conservation restriction (Appendix F).

“Town public safety, emergency management, and health officials will remain vigilant in monitoring the operations of the facility and hold the gas company accountable if there is any deviation from the aforementioned plans or from any mismanagement of this facility,” concluded Mayor Hedlund.

To read the entire Host Community Agreement, click here.

Appendices

Appendix A:

Future Legal Rights

Mayor Sue Kay wrote to the Federal Energy Regulatory Commission, the federal entity who licensed the project, in 2016 opposing the project as did then-Senator Hedlund. When Mayor Hedlund came into office in January 2016, he ramped up opposition from mere letter writing. His administration took a comprehensive, broad-based opposition strategy that included public pressure and private lobbying, and when those efforts did not succeed numerous lawsuits were filed in every available forum.

Of the 22 lawsuits, all but four have been resolved. The Town was successful on some points, but lost on many more. However, even in cases the Town lost, the Town won major concessions that will make the compressor station have fewer impacts on the environment, run more quietly, run less frequently and for shorter periods of time, emit fewer hazardous pollutants, and operate more safely than originally proposed.

The natural gas companies have all the permits necessary to operate. There is almost no chance these remaining lawsuits will cause the compressor station to stop operating and stay stopped. Just like the recent pause, the Town may be able to pause operations temporarily, but again, the compressor station will operate three remote possibilities simultaneously occur.

First, the Town must win one of these last few lawsuits. A win in court will likely mean a remand, just like the air permit win recently celebrated. Second, the state agency the permit is remanded to, likely DEP, would have to deny a permit it already granted, which DEP has not done with the air permit. Thus, if the Town wins in court and gets a state agency to deny a permit it already granted; third, the Town would still need FERC to not simply waive that permit, just like it waived its earlier condition to start construction within two years. The natural gas company asked FERC to waive that condition and within less than a half an hour, FERC waived that condition.

Appendix B:

Emergency Response Plan

Fire Department Training – the training will include the update of existing standard operating procedures and development of any new internal protocols, training on the plan by Algonquin, drills or exercises by the Weymouth Fire Department, and any future needs for the department to stay up to date on the plan

Emergency Response Protocols

Evacuation (for traffic evacuation exhibits, click here)
Shelter
Shelter in Place
Lockdown
Incident Command Role and Responsibilities
Communication
Minimizing damage
Stabilizing the incident
Scenario Planning

“I would like to thank Mayor Hedlund and his administration for their support of public safety in regards to the compressor station,” said Weymouth Fire Department Chief Keith Stark.

“As Fire Chief, I am responsible for the safety of all Weymouth residents as well as providing the proper training and equipment for the Weymouth firefighters and first responders. The compressor station is slated to go fully operational in the near future and I must prepare my Department for this new risk.”

The Chief continued, “Over this past month I have been fortunate enough to collaborate with our community partners in developing the Town of Weymouth’s response to the Fire River Basin area. I want to thank the Emergency Management Director John Mulveyhill, Police Chief Rick Fuller, Police Captain Erin Metcalf, Police Lt Jim St Croix, Emergency Management Services Director of South Shore Health Systems Eugene Duffy, Emergency Preparedness Manager Joan Cooper-Zack, Emergency Preparedness Coordinator Brian Pomodoro, Deputy Fire Chief Tom Murphy, Fire Lt Jeff Wall, and Firefighter Ryan Burke for their efforts and input into this plan.”

Public safety officials will provide to Town Council the public portion of this plan, which will be the overwhelming portion of the entire plan. These officials will also make a presentation to the Council on the components of the plan. Public records laws state some elements of the plan are not public, and will remain confidential due to public safety and security risks as determined by the Federal Department of Homeland Security and other related Federal entities, and as such very few plan specifics cannot be available as a public document. However, the information the public needs to know to be informed of what to do during emergencies will be available below.

Appendix C:

Air Monitoring Station

The station will be sited on Town-owned land off Monatiquot Street at the corner of Bluff Road. The siting will require the clearing of some of the site to locate the station. However, the Town and its arborist have met with DEP and U.S. Environmental Protection Agency (EPA) representatives to identify necessary mitigation, such as the new tree plantings, that will replace, or improve, the existing visual and noise barrier from the station.

“The air monitoring station will be essential to ensure the air quality standards set by DEP and EPA are being met to protect residents impacted by the compressor station,” said Weymouth Health Department Director Daniel McCormack. “The Health Department will continue to work with the DEP, EPA and Pipeline and Hazardous Materials Safety Administration to confirm that the site is being operated in full compliance with each of their regulatory standards to minimize the public health risks.”

Appendix D:

Host Community Agreement

Public Safety, Health, and Environmental Concerns includes the necessary Fire Department equipment upgrades and improvements, such as for North Weymouth’s Fire Station One, the purchase of new needed apparatus and to update the state’s Health Impact Assessment in the near future, and water quality sampling for the Fore River.

General Infrastructure Improvements funding will include road and sidewalk improvements in North Weymouth along with any recreational facility improvements or maintenance as needed.

The Coastal Resiliency, Infrastructure, and Beach Improvements will be addressed by funds set aside for beach nourishment and stabilization as well as the coastal protection needs in North Weymouth such as the aging seawalls and revetments.

Information Technology (IT) Infrastructure Improvements will utilize Host Community Agreement funding to address IT improvements in North Weymouth and Town wide to enhance public safety, particularly response, and protection of Town assets, including infrastructure such as security cameras. In addition, this will provide funding to advance a municipal fiber program that will allow for heightened communications capabilities through hardening of wireless internet infrastructure and interoperable communications technology. Ultimately, the Town will take steps, including hiring an outside consultant, to move forward with the feasibility of providing municipal cable or internet service.

Appendix E:

Tax Structure

The previously vacant site was assessed at $13 million dollars and therefore Algonquin paid the Town more than $185,000 annually in property tax revenue. However, based on current state tax laws, the fully operational $100 million compressor station will be required to divide the assessed property taxes amongst the other municipalities in the state, resulting in a lower property tax for Weymouth to less than $50,000 annually.

Algonquin has agreed to assist the Town in advocating to the state’s Department of Revenue for an amendment to the state tax law to ensure that Weymouth does not receive a lower annual tax revenue from the property. Without this change in tax law, Weymouth residents would otherwise have to make up this lost revenue or the Town would have to cut existing services.

As such, the Mayor discussed this issue with the Lieutenant Governor, who has begun to address the issue with the Department of Revenue. Algonquin has also previously discussed this tax change with administration officials. State Senator Patrick O’Connor and State Representative Jaime Murphy have filed legislation to amend the provision. If the tax law change is successful, the Town will receive $28 million more in property tax revenue over the next thirty-five years.

Appendix F:

North Parcel Conservation Restriction

Algonquin owns this land along the Fore River between the twenty-year old metering and regulating (M&R) station and the Massachusetts Water Resources Authority (MWRA) pump house. Calpine retained an easement in this “west waterfront area” to fulfill a 1999 licensing requirement for the power plant. The Town’s intent is to loop the King’s Cove park around to the Fore River. Ideally, access to the Fore River will be provided for canoes, kayaks, or both.

The agreement also contained a number of other requirements including:

Incorporate plan delineation of coastal bank on eastern side of peninsula
Address erosion of coastal bank on eastern side of peninsula
Commit to a timeline to complete hazardous waste cleanup of the North Parcel
Create system for timely reports of any incidents at facility to appropriate Town officials, including documentation requirements
Cooperate with and notify the Town about leak detection and emission exceedances
Discuss between the Town and Algonquin its intentions about any future decommissioning plan for the facility

To view a Development Update on the issue, click here.

Compressor Station Testing Activities

Algonquin Gas Transmission, LLC (“AGT”) will be testing and calibrating piping and equipment installed at the Weymouth Compressor Station as part of the Atlantic Bridge Project. The testing will begin on September 8, 2020 and continue thru October 4, 2020. For more information, please see the notification letters below. Residents may also sign-up for Compressor Station Blowdown Alerts via Weymouth CodeRED.

Compressor Station Emergency Response Plan

Town public safety and emergency management officers concluded drafting its emergency plan and Algonquin has shared with the Town officials its emergency safety plan. The combined 1,100-page Emergency Response Plan addresses and includes the steps and actions public safety officials and the public will need to take to respond in the event of an emergency. These sections are publicly available while a few remaining sections are undergoing further review to determine how much of the document may be available publicly. Click below to read the respective portions of the Emergency Response Plan:

If residents would like a copy of the Traffic Plan for their residence, please contact the Mayor's Office and an 11" x 17" print out of the relevant Exhibit can be provided.

Sign Up for Compressor Station Blowdown Alerts on Weymouth CodeRED

Weymouth is utilizing its existing community notification system, CodeRED, to alert residents about natural gas "blowdowns" at the Weymouth compressor station site. Blowdowns are scheduled natural gas releases that pose no imminent threat to public health or safety. Alerts are being offered as a courtesy from the Town.

Visit CodeRED to access the system and opt-in to Blowdown Alerts under "Additional Notifications". Users can add this to existing accounts or may register for a new account. There is no charge to register and your personal information will be kept confidential.

For questions or assistance with CodeRED, please contact the Mayor's Office at 781-682-3615.

Weymouth's Compressor Station Opposition History

	Case Name	Court	Docket No.	Description
1	Town of Weymouth v. Mass. Dept of Environmental Protection	U.S.. Court of Appeals for the First Circuit	19-1794, consolidated with 19-1797, 19-1803	Appeal of DEP’s approval of gas company’s air quality permit
2	Algonquin Gas Transmission v. Town of Weymouth, et al.	U.S. Court of Appeals for the First Circuit	18-1686	Appeal of gas company’s challenge to Town’s enforcement of local wetlands bylaw
3	Town of Weymouth v. Federal Energy Regulatory Commission	U.S. Court of Appeals for the District of Columbia Circuit	17-1135, consolidated with the DC Circuit cases below	Town’s challenge to Federal government’s January 25, 2017 approval of gas company’s project
4	Town of Weymouth v. Federal Energy Regulatory Commission	U.S. Court of Appeals for the District of Columbia Circuit	17-1176	Town’s challenge to FERC’s May 2017 Tolling Order only
5	Town of Weymouth v. Federal Energy Regulatory Commission	U.S. Court of Appeals for the District of Columbia Circuit	17-1220	Town’s challenge to FERC’s August 21, 2017 Order on rehearing
6	Town of Weymouth v. Federal Energy Regulatory Commission	U.S. Court of Appeals for the District of Columbia Circuit	18-1039	Town’s challenge to FERC’s December 13, 2017 Order on rehearing
7	Algonquin Gas Transmission, L.L.C. v. Town of Weymouth	U.S. District Court for the District of Massachusetts	1:18-CV-10871-DJC	Gas company’s challenge to Town’s enforcement of local zoning bylaw
8	Algonquin Gas Transmission, L.L.C. v. Weymouth Conservation Comm’n, et al.	U.S. District Court for the District of Massachusetts	1:17-CV-10788-DJC	Gas company’s challenge to Town’s enforcement of local wetlands bylaw
9	Algonquin Gas Transmission, L.L.C. v. Town of Weymouth, et al.	U.S. District Court for the District of Massachusetts	1:19-CV-12338-DJC	Gas company’s challenge to municipalities appeals of DEP decisions seeking injunctive relief
10	Hedlund, et al. v. Calpine Fore River Energy Center, L.L.C., et al.	Land Court	17 MISC 000628 (MDV)	Town’s challenge to company’s purchase of property
11	Hedlund, et al. v. Calpine Fore River Energy Center, L.L.C., et al.	Norfolk Superior Court	1682CV01611	Town’s challenge filed first in Superior Court and then ordered transferred to Land Court
12	Hedlund, et al. v. Department of Environmental Protection, et al.l	Norfolk Superior Court	1982CV01016	Appeal of DEP’s approval of air quality permit, if Federal court does not hear any state law issues
13	Hedlund, et al. v. Department of Environmental Protection, et al.	Norfolk Superior Court	1982CV01502	Town’s challenge to DEP’s November 2019 waterways license
14	Hedlund, et al. v. Department of Environmental Protection, et al.	Norfolk Superior Court	1982CV01500	Town’s challenge to DEP’s October 2019 wetlands final decision
15	Hedlund, et al. v. Office of Coastal Zone Management, et al.	Norfolk Superior Court	1982CV01501	Town’s challenge to CZM’s November 2019 consistency determination
16	In the Matter of Algonquin Gas Transmission, L.L.C.	Department of Environmental Protection	OADR Docket Nos. 2017-011 and 2017-012 DEP File No.: Waterways Application No. W16-4600	Waterways license appeal
17	In the Matter of Algonquin Gas Transmission, L.L.C.	Department of Environmental Protection	OADR Docket No. WET-2016-025 DEP File No. SE 81-1170	Wetlands permit appeal
18	In the Matter of Algonquin Gas Transmission, L.L.C.	Department of Environmental Protection	OADR Docket Nos. 2019-008 through 2019-013 DEP Transmittal No. X266786 Application No. SE-15-027	Air quality permit appeal
19	Petition of NSTAR Electric Company, et al.	Department of Public Utilities	D.P.U. 15-181	DPU investigation into the means to add natural gas delivery capacity to the New England region
20	Petition of Massachusetts Electric Company, et al.	Department of Public Utilities	D.P.U. 16-05	DPU petition seeking approval of firm gas transportation and storage agreements with Algonquin Gas
21	Petition of Boston Gas Company/ Colonial Gas Company d/b/a National Grid	Department of Public Utilities	D.P.U. 16-181	Local natural gas companies’ petition for approval of long-range resource and requirements plan
22	Petition of Boston Gas Company/ Colonial Gas Company d/b/a National Grid	Department of Public Utilities	D.P.U. 18-148	Local natural gas companies’ petition for approval of five-year forecast and supply plan (2018-2023)
23	Petition of Boston Gas Company d/b/a National Grid	Department of Public Utilities	D.P.U. 19-132	DPU petition seeking approval of a fourteen-year firm transportation agreement with Algonquin Gas

Click HERE to download this chart

Click HERE for a timeline detailing the progress and actions the Town and Mayor Hedlund took to oppose and mitigate the compressor station.

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