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 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……

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…

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

We asked why so many spare connections?

We asked again and again for meetings but EirGrid refused

to meet with our community locally.

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 2010 - FUTUREPROOFING - for what?
Leinster Express 18th May. 2010 but no information...

Leinster Express 22nd June 2010

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 2013 - FUTUREPROOFING plans known but withheld

Despite an oral hearing and court case, known

information was withheld.

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

We had to find all the following information ourselves

......and it is damning!!

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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)

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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 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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 August 2009 - An Bord Pleanala already knew

This project was a Fait Accompli - location decided, routes decided,

futureproofing for renewables and 'Other Networks'

Other Networks
in the Midlands?

FOR
RENEWABLES!

Routes decided
and environmental
reports being
prepared!

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

They started with the

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

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

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 BUT IT GETS WORSE.......

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

4 extra lines - forecast by 2020 in the RTS area

EirGrid planned for this as far back - never mentioned by EirGrid
as 2008 and cumulative impact not assessed!

October 2010
Extract from Eirgrid Presentation
Mark Norton

showing grid development at 2020

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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 November 2013 - EirGrid make false Statement to Planning Oral Hearing

EirGrid state -
The Project is NOT FOR RENEWABLES.

(stated in presence of EirGrid legal team

who strongly controlled and influenced
oral hearing)

Not True!

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 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)

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

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 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" *,

*Electricity Transmission Network: Discussion with EirGrid (Continued)

Wednesday, 4 December 2013
Dáil Joint Committee on Transport and Communications Debate

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 EirGrid CAN'T BE TRUSTED!
November 2013 EirGrid told oral hearing The Project is "not to facilitate the connection of renewable generation"

January 2013 - EirGrid knew Coolnabacca-Portlaoise uprate project

necessary for wind export project but withheld this.

Cumulative environmental impact never assessed.

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 EirGrid CAN'T BE TRUSTED!
November 2013 EirGrid told oral hearing The Project is "not to facilitate the connection of renewable generation"

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 negotiating
behind our backs to
connect renewables
to the substation

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 EirGrid CAN'T BE TRUSTED!
November 2013 EirGrid told oral hearing The Project is "not to facilitate the connection of renewable generation"

27th September 2017 - 300 acre solar farm says

EirGrid will build connection for them to Laois-Kilkenny Project

EirGrid negotiating
behind our backs to
connect renewables
to the substation

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 EirGrid CAN'T BE TRUSTED!
• 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 / AN BORD PLEANALA CAN'T BE TRUSTED

Why were Fire Risk / Accidents ignored after we raised it?

Risk is real but was not considered!

This same substation went on

fire twice i.e. even heavily
monitored situations are a risk

example of substation fires

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 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

BUT

EirGrid's Ground
investigations
completed during
driest periods.

ABP ignored our

concerns and relied
on EirGrid info.

Nov. 2013 - RTS presentation to Oral Hearing

Water Table is only 1m below ground level
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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
of 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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 April 2017 - Unauthorised Development; V. Low Rainfall but site wet
Groundwater is at risk!

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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 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
one page 'restoration plan' and instructed 'restoration' in a further breach of the planning
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 EIRGRID / LAOIS COUNTY COUNCIL CAN'T BE TRUSTED.

4th July 2017 - One Page restoration plan

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

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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 EirGrid / An Bord Peanála CAN'T BE TRUSTED!
"No provision in law to give retention for works covered by an area that required
an appropriate assessment" ...but An Bord Pleanala granted permission.

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

Sub-group effectively
pre-approves

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?
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 Code of Practice for the Governance of State Bodies - 2016
some relevant extracts
(these are almost identical to 2009 version)

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

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 EIRGRID ARE TOXIC

THERE HAS BEEN TOTAL SYSTEMIC FAILURE re.

LAOIS-KILKENNY PROJECT

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!

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.)

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

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.

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