MOVING BEYOND THREATS

Leaders in Canada’s capital, who have threatened legal action to stop proposed liquefied natural gas facilities in Washington County, should take a cue from the premier of Maine’s neighbor New Brunswick. Instead of threats, Premier Shawn Graham has said he opposes the projects but is prepared to allow the U.S. regulatory system to work. This is a rational approach that acknowledges disagreement between the state and province but does not poison relations between the two.

There have long been concerns, on both sides of the border, about the safety of bringing ships loaded with LNG through an area known as Head Harbor Passage. Opponents of proposals for LNG terminals in Perry and Robbinston say the passage is too dangerous. The Canadian ambassador to the United States, Michael Wilson, said in a letter to the U.S. Federal Energy Regulatory Commission that his government will “use domestic legal means … to prevent such passage from occurring.”

Quoddy Bay LNG and Downeast LNG, the companies behind the proposals, say the dangers are overblown and that smaller vessels bound for a port on the St. Croix River in New Brunswick routinely transit the passage. The United Nations Convention on Law of the Sea says ships heading to one country’s ports have the right to pass through another country’s waters when there is no comparable alternative. The North American Free Trade Agreement requires that all companies receive a fair and equal due process, regardless of their country of origin.

The issue is further complicated because an LNG terminal is being built in Saint John, New Brunswick. Tankers headed to that facility will pass through the Gulf of Maine, although Maine residents had little voice in this project.

Rather than a political battle, this issue should be left to FERC, the federal agency responsible for LNG permitting. Navigational risk is one of dozens of issues that will be considered by the agency as it reviews the Maine proposals. It will no doubt seek information from the Coast Guard on the potential navigational dangers of routing an LNG tanker into Passamaquoddy Bay through the narrow passage between Maine and Campobello Island.

Canadian officials can provide FERC with studies and other information that documents their concerns.

It is up to U.S. regulators, which are also considering LNG facilities in other parts of the country, to determine if the proposed facilities meet standards.

Premier Graham, this week, said despite his opposition to the Maine facilities, the U.S. regulatory process should be allowed to work.

This approach allows the governments to set aside their disagreement and to focus on areas of cooperation. Gov. Baldacci this week became the first Maine governor to address the New Brunswick Legislature. His speech follows agreements on education and energy between the state and province. Canadian officials, including Premier Graham, have been helpful in alleviating a propane shortage in Maine, caused in part by a railroad strike in Canada.

Working together often doesn’t garner as many headlines as arguing, but quietly resolving problems is usually more effective than making threats.