LORDSTOWN — In a move to prevent the developer of a proposed second power plant in the village from pulling the plug on the $1 billion project, two Lordstown officials have asked the Mahoning Valley Sanitary District to stand down on a proposal to provide water service to the plant.

They wrote in a May 23 letter that they want MVSD to walk back the proposal because it was unsolicited and threatens the project.

Before the letter, however, an MVSD official contended that over the course of several meetings and conversations with Lordstown officials this year, not one person asked MVSD to stop.

BACKGROUND

MVSD, a bulk water supplier to communities in Trumbull and Mahoning counties, had approached Lordstown with a plan for a 24-inch line from Niles to Lordstown to supply the plant.

The line, according to MVSD officials, also could accommodate future growth and provide redundancy in the village’s system.

But there was a catch.

The plant’s developer, Clean Energy Future-Trumbull, LLC, already had negotiated an agreement with Warren to provide water service to the plant of about 4.4 million gallons per day.

That line, also 24 inches, would be able to provide 100 percent of the plant’s needs plus have some extra volume for the village, according to Clean Energy Future.

MVSD’s plan was a nonstarter, according to Clean Energy Future, the president of which has said the project happening hinged on water service from Warren and investors aren’t willing to put up with delays that would be caused by changing plans and going with MVSD.

The matter reached a crescendo May 17, when the village’s Board of Public Affairs refused to discuss the water connection with Warren. A motion to approve the connection by Kevin Campbell, board president, died when neither of the remaining members, Michael Sullivan nor Chris Peterson, moved to second the motion.

That threw the future of the plant into jeopardy and caused Clean Energy Future President Bill Siderewicz to say all work on the project would stop immediately without the Warren water connection.

LATEST MOVE

Mayor Arno Hill and Council President Ron Radtka wrote the purpose of the May 23 letter was to let MVSD know the two believe Lordstown “does not now need a redundant supply of water” to service the plant, known as Trumbull Energy Center (TEC) because terms on a water supply agreement had already been negotiated with Warren.

“This unsolicited proposal from MVSD only serves to confuse matters and now threatens the TEC project,” the letter states. “Therefore, we request that MVSD rescind its proposal to avoid any further confusion and support the village’s efforts to accommodate the TEC project.”

Hill and Radtka, however, leave the door open to work in the future with MVSD, writing, “we would be pleased to engage” in discussions if MVSD wishes to construct a 24-inch line for future customers in the village.

MVSD, however, won’t commit to a second line and risk having existing customers subsidize the line if it doesn’t break even, MVSD Chief Engineer Michael McNinch has said.

“Every meeting I have spoken at with Lordstown, they have specifically asked if TEC is not a Niles and MVSD customer, would we still consider installing a new waterline out there. My answer was we have to be fiscally responsible,” McNinch has said.

A message seeking comment with McNinch for this story was not returned.

He told this newspaper previously that there was no pushback from Lordstown officials regarding MVSD’s proposal going back to March 30, when the MVSD board met and laid out the plan.

He said Hill attended that meeting and MVSD proceeded based on what they believed was Hill’s support of the plan. McNinch added over several meetings and conversations with village officials, no one asked MVSD to stop.

MVSD, he said, would defer to Lordstown.

“We want Lordstown to succeed. We want Bill Siderewicz to succeed. This has never been about that. Whatever role we have to play, we will do, but we have no process in the decision-making. We defer to Lordstown and their judgment to do what is best for Lordstown,” McNinch has said.

LEGAL OPINION

A few days before Hill and Radtka wrote MVSD, they asked the village’s attorney to clarify the jurisdictions of the board of public affairs and village council regarding water utility service provided to customers in the village.

Attorney Paul Dutton wrote on May 19 the board of public affairs has “no jurisdiction or authority” to negotiate contracts with utility service suppliers outside of Lordstown.

Council, however, “has the sole and exclusive” to negotiate conditions and terms with vendors outside Lordstown that provide services or commodities to the village, including the board of public affairs.

Dutton directs the board of public affairs, its clerk and superintendent to stop “any further communications with outside vendors for water supply,” including MVSD, Niles and Warren.

“Village council or those authorized to represent council such as the village engineer and village solicitor are permitted to engage in such negotiations as part of their professional responsibilities,” Dutton wrote. “However, neither the village engineer nor the village solicitor may involve the BPA (board of public affairs) within those negotiations unless specifically authorized by village council.”

SITING BOARD

The Ohio Power Siting Board, meanwhile, still has a request pending from Clean Energy Future for more time to start construction on the plant.

Clean Energy Future wants one more year before its certificate of environmental compatibility and public need expires. It currently is set to expire Oct. 5. In layman’s terms, the certificate gives approval to construct, according to a spokesman with the Public Utilities Commission of Ohio.

The company cites the global shutdown / quarantine and supply chain and transportation troubles brought on by the pandemic as reasons for the extension.

Several local officials wrote the state in support of the extension, but Hill and the Kellie Bordner, Lordstown planning and zoning administrator / economic development director, wrote opposing the request.

Hill later said he didn’t have a problem with the time extension.

Siderewicz wrote in an email Friday he is planning to break ground in July.

rselak@tribtoday.com