Save Passamaquoddy Bay

Save Passamaquoddy Bay
3-Nation Alliance

Alliance to Protect the Quoddy Region
from LNG Development

US Flag
US
Canadian Flag
Canada
Passamaquoddy Flag
Passamaquoddy
Scale Baskets for sale
Loading
Facebook button

"For much of the state of Maine, the environment is the economy"
                                           — US Senator Susan Collins, 2012 Jun 21



 

FERC eLibrary
Downeast LNG Formal Application
Comment Filings List

Docket Number CP07-52

2015 March

Color Key: Project Developer, Contractors & Supporters
Project Opponents
Project Neutral
Unknown, non-public comments

Formal Filing
2015 March

Listed here in Ascending Date Order by Posted Date, rather than by Filed Date to FERC eLibrary.
NOTE: The Docket List on the FERC website is in Date Order by Date Filed, rather than by Date Posted.

Mar 2

Filed By: Save Passamaquoddy Bay
Filed Date: 3/2/2015
Accession No: 20150302-5062
Description: Tribal fishing rights and Coast Guard and NEPA requirements comment of Save Passamaquoddy Bay under CP07-52, et al
Information: FILE LIST

Summary: SPB points out that Downeast LNG's attorney Matthew Manahan of Pierce Atwood LLP has filed a self-contradicting comment. Downeast LNG argues that the Passamaquoddy Tribe has no fishing rights in the marine waterway proposed for use by Downeast LNG, and so the Tribe has no authority to deny LNG ship transits to and from the proposed terminal; however, in the same paragraph, Downeast LNG admits that the Passamaquoddy Tribe does have fishing rights in the same waterway proposed for use by Downeast LNG.

Additionally, the Passamaquoddy Tribe has clamming rights in the Mill Cove intertidal zone that would be affected by the proposed terminal, potentially restricting or eliminating clamming there. Downeast LNG's attorney has patently contradicted himself, and has actually demonstrated that the Passamaquoddy Tribe actually does have rights in the marine waterway.

The US Coast Guard, not the Tribe, is denying LNG transits. The Coast Guard requires Downeast LNG to obtain consent from the Passamaquoddy Tribe for shared use of the waterway. Downeast LNG has continued for six (6) years to defy the Coast Guard requirement; thus, has no right for LNG ships to transit to and from the terminal. This is in addition to Government of Canada prohibition of LNG transits in the waterway.

Top


Mar 3

Issued By: OFFICE OF GENERAL COUNSEL [FERC]
Filed Date: 3/3/2015
Accession No: 20150303-4003
Description: Non Decisional - Email from David Morenoff re the Save Passamaquoddy Bay's 2015 March 2 Filing for the Downeast LNG Project under CP07-52 et al.
Information: FILE LIST

Summary: FERC General Counsel claims that Save Passamaquoddy Bay's courtesy copy of our March 2 docket comment to him was a prohibited ex parte communication. Nonsense! We have confirmed with FERC that pre-filing communications, as with Downeast LNG's export proposal (Docket PF14-19) — and a communication about a suspended docket, as is the case with Downeast LNG's import proposal (Dockets CP07-52, et al.) — have no ex parte prohibitions.

Top


Filed By: Save Passamaquoddy Bay
Filed Date: 3/3/2015
Accession No: 20150303-5222
Description: Clarification of Ex Parte rules and Pre-Filing dockets comment of Save Passamaquoddy Bay under PF14-19, et al.
Information: FILE LIST

Summary: SPB informs FERC General Counsel that our email to him containing comments about our previous docket filing (to both the Pre-Filing and Formal Filing dockets) cannot be considered ex parte, since ex parte rules do not apply to Pre-Filing dockets. Communications that are clearly not ex parte on one docket cannot simultaneously be ex parte on another docket, especially when Formal Filing has been suspended.
 
If such issues are not clear to FERC General Counsel, then how can they be clear to the public?

Top


Mar 11

Issued By: GENERAL COUNSEL, OFFICE OF [FERC]
Filed Date: 3/11/2015
Accession No: 20150311-4006
Description: Non-Decisional- Response to Mr. Robert Godfrey's March 3, 2015 letter re the ex parte communication files under CP07-52 et al.
Information: FILE LIST

Summary: FERC General Counsel David Morenoff claims that communications regarding Downeast LNG's Pre-Filing, for which ex parte prohibitions do not apply (thus anyone can communicate anything with FERC staff; it is guaranteed free speech) are prohibited when that same communication refers to anything that is on both the Pre-Filing and Formal Filing dockets.

General Counsel's interpretation would thus mean that, due to Downeast LNG's poor business decisionmaking in the FERC process (modifying the project at the last minute), even mentioning the proposed terminal would be prohibited since the terminal is included on both dockets. Such a prohibition essentially prohibits any off-docket Pre-Filing communications in contradiction to the principle of free speech and to FERC Pre-Filing rules.

Save Passamaquoddy Bay will be challenging General Counsel's flawed, prejudicial logic.

Top


Mar 12

Filed By: Save Passamaquoddy Bay
Filed Date: 3/12/2015
Accession No: 20150312-5079
Description: Ex parte restrictions and Constitutionally protected free speech, comment of Save Passamaquoddy Bay under PF14-19, et al.
Information: FILE LIST

Summary: Save Passamaquoddy Bay challenges FERC General Counsel's opinion that off-the-record Pre-Filing communications with FERC staff violate ex parte rules when the exact same issues exist on a current Formal Filing docket. SPB contends that since off-the-record Pre-Filing communications with FERC staff are allowed, then such communications are Constitutionally guaranteed free speech, and cannot be abridged simply because the exact same issues apply to an existing Formal Filing docket. FERC cannot abridge Constitutionally guaranteed free speech.

Top