Canadian position on LNG rejected U.S.: Marine rights nonsuspendable

The U.S. State Department on Friday rejected Canada’s assertion that it would not let liquefied natural gas tankers travel through Head Harbor Passage between New Brunswick and Maine on the way to LNG terminals proposed for Washington County.

“It is our firm position that, though Canada may adopt laws and regulations in respect of the safety of navigation and the regulation of maritime traffic, all vessels enjoy a nonsuspendable right of innocent passage into and out of Passamaquoddy Bay through Head Harbor Passage,” Jeffrey T. Bergner, assistant secretary of state for legislative affairs, said in a letter Thursday to Sens. Olympia Snowe and Susan Collins of Maine.

Bergner’s letter, which was released Friday, referred to the international law of the sea as reflected in Articles 21 and 45 of the Law of the Sea Convention.

The State Department’s response comes after more than a month of strongly worded letters issued by the Maine and Canadian governments in regard to two proposed LNG terminals on Passamaquoddy Bay. Downeast LNG in Robbinston and Quoddy Bay LNG in Perry filed formal applications with the Federal Energy Regulatory Commission on Dec. 15.

The following letters and other communications have been exchanged by state, federal and Canadian officials:

. Feb. 1: Snowe and Collins wrote to David Wilkins, the U.S. ambassador to Canada, asking for clarification of the rights of passage of ships traversing Head Harbor Passage.

. Feb. 14: Canadian Ambassador to the U.S. Michael H. Wilson writes to FERC, stating that based on perceived environmental and safety risks, the Canadian government will not permit LNG tankers to pass through Head Harbor Passage.

. Feb. 27: New Brunswick Premier Shawn Graham files a motion in Washington to suspend FERC’s review of the proposed LNG facilities, saying the province fully supports the Canadian government’s position.

. March 2: FERC Chairman Joseph T. Kelliher’s responds to Wilson’s letter, saying he welcomes Canada’s input, but his staff will continue its review of the projects.

. March 6: Gov. John E. Baldacci sends a letter to the members of Maine’s congressional delegation asking them to request that the State Department weigh in on the issue of whether Canada can restrict U.S. ships’ access to international waters.

In Thursday’s letter of response, the State Department also said “any attempts to short-circuit the FERC process are inappropriate.”

Premier Graham’s office said Friday it respects the FERC process and will continue to exercise its rights as an intervenor, or a legally recognized party, in the reviews.

“Filing a motion is part of the process. We will continue to put the environmental concerns forward. We do respect the FERC process and we will continue to be active participants in the process,” said Nicole Picot, director of communications in Graham’s office.

Collins and Snowe issued a joint statement Friday in response to the State Department’s letter, saying they both agreed with its conclusions.

“The Canadian Government does not have the authority to unilaterally suspend the right of innocent passage,” the senators said. “We believe that the right of innocent passage must be consistently maintained, and we urge Maine state officials to continue to make this case to their Canadian counterparts.”

None of the Maine delegation has taken a public position on the proposed LNG facilities.

Collins has said she believes the projects must have local support and follow FERC’s regulation process.

Rep. Michael H. Michaud of the 2nd District said he “will continue to push … to make sure that Mainers have an important say in the permitting process for LNG facilities in Passamaquoddy Bay.”

Developers and opponents of the project continue to actively lobby the delegation. Snowe, Collins and Michaud said they appreciate hearing the concerns from both sides of the issue.

For more information about citizen involvement in the FERC review process, visit: http://www.ferc.gov/for-citizens/for-citizens.asp