Group asks BEP to deny application Motion unites LNG critics

Several groups of Washington County residents who oppose the liquefied natural gas terminals proposed in Passamaquoddy Bay banded together and filed a motion this week with the state Board of Environmental Protection, asking it to reject Downeast LNG’s application to construct a terminal in Robbinston.

Nulankeyutomonen Nkihtahkomikumon (We Take Care of Our Land), a Passamaquoddy Tribe group; Save Passamaquoddy Bay, a Washington County and Canadian group; Fundy North Fishermen’s Association; and Fundy Weir Fishermen’s Association say that in its race to capture a portion of the highly competitive natural gas market, Downeast LNG still faces significant financial and legal hurdles.

“Maine law prohibits the DEP from approving applications for projects that amount to mere speculation, and are not, in reality, ready-to-build, development proposals with available financing,” the motion states, referring to the Maine Department of Environmental Protection.

Lawyers Ronald A. Shems and Rebecca E. Boucher of Shems Dunkiel Kassel & Saunders PLLC in Burlington, Vt., and Ronald Kreisman, a Hallowell-based environmental attorney, filed the motion on behalf of the groups on Tuesday.

In its filing, the group claims Downeast LNG fails to show that a financial entity has committed to funding the construction, operation or maintenance of the facility if permits are obtained. The motion also cites the Canadian government’s recent decision to prohibit LNG tankers from passing through Head Harbor Passage, Downeast LNG’s planned route for deliveries. Finally, the motion questions Downeast LNG’s ability to construct its facility in the time period required by state regulations, which call for permit holders to begin construction within two years and complete it within five years.

“In sum, Downeast LNG has failed to demonstrate that it has met any of these three requirements for BEP to go forward at this time with further application review,” the groups said in a prepared statement.

“Simply put, Downeast LNG jumped the gun,” the statement said.

Kreisman said the groups are not opposed to Downeast LNG refiling its application in the future.

Downeast LNG Vice President Rob Wyatt said the motion implicitly states that the groups’ desire is to delay the project.

“They do not want the state of Maine to follow the process of providing a fair hearing where all evidence and facts are presented. They clearly do not want the public to have the opportunity to have such a hearing or the project itself. Their mission is clear, and it is not to benefit anyone but themselves,” Wyatt said Wednesday.

Downeast LNG filed its state application Dec. 19. The second proposed LNG facility in Passamaquoddy Bay, Quoddy Bay LNG of Perry, has not yet filed an application for state permits. Kreisman said he believes Quoddy Bay will be deterred by the Canadian government’s opposition to LNG tankers in Head Harbor Passage.

The BEP hopes to conduct its public hearings on the Downeast LNG project in mid-July, a spokesman said Wednesday.