LNG rejected; Quoddy Bay not convinced
by Marie Jones Holmes
After a series of press conferences and rallies conducted by both the proponents and the opponents of the liquefied natural gas (LNG) project proposed at Pleasant Point, Perry voters rejected the proposal by a vote of 279 to 214. Any commercial project proposed on land annexed by the tribe from Perry requires the approval of Perry voters. Quoddy Bay LLC, a partner with Smith Cogeneration, an Oklahoma-based company, needed such approval for its LNG project.
Commenting on the results of the March 28 voting, Brian Smith, Quoddy Bay LLC manager, said, "It has become apparent that confusion and scare tactics outshadowed the merits of the project. We have to have approval to move forward." He added, "If Washington County residents, including Perry residents, study the facts of the project and then decide they don't want economic development, then this isn't the right place for this development."
Smith believes those who opposed the project made their decision based on rumors and not facts. "There are so many things that make it a good site that it makes it difficult for us to leave. We are 100 percent focused on making it work here. We haven't done justice to Washington County if we walk away."
Assessment of loss under way Donald Smith, president of Quoddy Bay LLC, released a statement following the vote saying he was disappointed in the balloting results. "It's too bad that the opponents of LNG by their own admission purposely wrote a very confusing ballot question that may require a second vote. Hopefully, if there is another vote, we'll have more time to get out the facts about the project and clear up much of the misinformation and distortions from the other side. It's clear that the people who listened to the facts voted in favor of this project to bring good paying jobs to the region." Smith further stated, "We will review our options and make a decision in the next few days about our next steps. We continue to believe that an LNG facility represents the best hope for Washington County's future by delivering good jobs and clean, safe energy to the region."
The few days have passed and, as of April 6, Smith said that Quoddy Bay is still assessing the degree to which distortion and false information influenced the voters. "We know the information was false, and we want to know how much the voters believed that information. After we assess that, we will decide about going forward." Smith indicated the decision would not be made this week. He would not comment on reports that the company or an agent for the company is conducting a telephone poll of Perry residents to see if voters understood the question. Craig Francis, Passamaquoddy tribal attorney, said, "We will respond after we have the opportunity to reflect and understand what happened. We are continuing to analyze the data to figure out what went wrong."
Opponents say right triumphs over might. Linda Godfrey, one of the coordinators of the Save Passamaquoddy Bay 3©Nation Alliance, says that their triumph at the polls is as much about honesty, transparency, respect and collaboration as it is about turning away the developer, Quoddy Bay LLC. Speaking on behalf of the alliance, Godfrey said, "This is model of how grassroots people working together can achieve stunning outcomes. Our collective effort, and the positive energy we brought to this effort, can inspire small communities anywhere that right does still triumph over might and that there are still places and beliefs that have no price tag."
Vera Francis, a member of Nulankeyutomonen Nkitahkomikon (Passamaquoddy People Who Take Care of the Land), says LNG is still a divisive issue. "What I think is more clear now, as time elapses, is that there are more tribal people questioning the integrity of the developer, Quoddy Bay LLC." Francis says her group is holding firm in their resolve to protect the legality of a 28©unit housing project under way at Pleasant Point that would be built in part on the land proposed for the LNG terminal. "For months it has been known that a land lease agreement already existed on the property desired by LNG proponents."
Francis points out that private investors, federal agencies, state government entities, private foundations and development corporations and local and state banking interests all have legal commitments to this land lease. "Our people are awaiting their homes on this land." Francis said that she and other members of the anti-LNG organization are requesting copies of the land lease agreement, the LNG exclusivity agreement and the draft of the 130-page document tribal lawyer Craig Francis referred to as being developed related to the tribe's involvement in the proposed LNG project. "We will invoke the federal Freedom of Information Act locally," Francis said.
In May of 2004 an exclusivity agreement was signed between Quoddy Bay LLC and the Passamaquoddy Tribe that obligates both parties to certain conditions during a feasibility study and evaluation period. That period will expire next month on May 9. Bribery alleged Six Perry residents have retained attorney Philip C. Worden of Northeast Harbor to represent them, accusing Donald Smith of an attempt to bribe Perry voters prior to the March 28 vote by offering the town $1 million a year to cover additional costs to the town that might be incurred with the approval of an LNG facility. Worden, on behalf of his clients, wrote to District Attorney Michael Povich asking him to investigate whether Quoddy Bay LLC violated Maine's bribery statute when it offered the voters of the Town of Perry $1 million if they approved the proposed LNG terminal at Pleasant Point.
Attorney Worden in his March 29 letter to District Attorney Povich wrote, "At first blush, this offer by its own terms appears to be some kind of impact fee. But there is no zoning applicable to this project that requires an impact fee; I don't believe the site is even in the jurisdiction of the Town of Perry. More troubling, thisoffer is made only to the Town of Perry and does not appear to be rationally related to the impacts of the project because the project impacts many other towns in the areas as well. It seems to me to be made only to the Town of Perry because only the Town of Perry gets to vote on the project. The claim that this offer was some kind of neutral impact payment rather than an attempt to influence an election -- that coincidentally was just about to take place and critical to the developer -- stretches the limits credibility."
In a letter to attorney Worden, Donald Smith maintains there is an important misstatement of fact. Smith wrote on March 29, "You claim that Quoddy Bay offered the voters of the Town of Perry one million dollars per year for 30 years if they will vote to approve the proposed LNG terminal at Pleasant Point. This accusation is made several times in the letter and it is simply not true. The offer was made to the Town of Perry, not to voters." Worden, though, does not believe a payment to the town automatically immunizes the company making the offer from a bribery charge. Worden's letter to District Attorney Michael Povich has been forwarded to the office of the Maine Attorney General's office.
Smith says Quoddy Bay welcomes an investigation by the district attorney or attorney general into "the baseless accusations" made by the opposition. "We're confident that any grand jury or board of inquiry would conclude that this facility would bring much needed jobs and economic opportunities to the region, and that's really
what this is all about."
Opponents ask for Quoddy Bay to leave. Recently elected Perry selectman Jeanne Guisinger says, "The Perry voters have spoken and they don't want the project. Mr. Smith needs to admit LNG lost in Perry." Linda Godfrey of the Save Passamaquoddy Bay 3-Nation Alliance says there has been some threatening behavior toward some members of the organization and some Perry residents. Such behavior and incidents have been reported to the Eastport police, Pleasant Point police as well as the Washington County Sheriff's Department. The alliance considers the March 28 vote to be definitive and decisive.
"At the first of last month, Smith indicated in a meeting with small groups of area residents that he would respect Perry's vote and would not put his name on any project that the community didn't want. As the week passed, Smith began to change his tune, and it's anyone's guess what he is saying now -- things change by the minute with Smith and his son, Project Manager Brian Smith," Godfrey stated.
Noting that money and jobs are both desired Downeast, Godfrey indicated that the communities never received answers to questions about those matters. Claiming that millions would be available annually and that 70-80 jobs would accompany the project, Smith sent a letter to the voters two days before the vote listing possible jobs. "All of Smith's claims are significantly overstated when compared to other existing or proposed LNG projects," Godfrey said. "It was clear from the very start of the proposed project that those who stood to gain were the developer and the ultimate owner of the project. Smith has said that owner may be Shell, ExxonMobil, BP, Duke or ConocoPhillips. He said the funding may come from a place like Prudential Insurance, GE Capital Corp. or the World Bank. Our group is sending a package of all of our work and a letter to each of these entities to inform them of the negative work of Quoddy Bay LLC, and informing each that further consideration of coming into Passamaquoddy Bay would not be wise." Asked what is next for Save Passamaquoddy Bay, Godfrey said that the group has found an array of talents, contacts and within the group over the seven months they have worked together. "We intend to stay together, expect to take a leadership role in exploring more sustainable types of energy, work together on some small development projects, and to continue our development of our area as a nature tourism area and as a model of the creative economy in action," Godfrey said.
The group called on both Governor John Baldacci and Pleasant Point Tribal Governor Melvin Francis to honor Perry's vote and assist them in bringing an end to the efforts of Quoddy Bay LLC. "It's time for the Smiths and their public relations firm, Savvy Inc., to leave the area. We are a very welcoming part of Maine, yet the way these folks have treated the people, the process, and the place has been despicable, and we are ready for them all to move out and move on," Godfrey stated.
Commenting on the results of the March 28 voting, Brian Smith, Quoddy Bay LLC manager, said, "It has become apparent that confusion and scare tactics outshadowed the merits of the project. We have to have approval to move forward." He added, "If Washington County residents, including Perry residents, study the facts of the project and then decide they don't want economic development, then this isn't the right place for this development."
Smith believes those who opposed the project made their decision based on rumors and not facts. "There are so many things that make it a good site that it makes it difficult for us to leave. We are 100 percent focused on making it work here. We haven't done justice to Washington County if we walk away."
Assessment of loss under way Donald Smith, president of Quoddy Bay LLC, released a statement following the vote saying he was disappointed in the balloting results. "It's too bad that the opponents of LNG by their own admission purposely wrote a very confusing ballot question that may require a second vote. Hopefully, if there is another vote, we'll have more time to get out the facts about the project and clear up much of the misinformation and distortions from the other side. It's clear that the people who listened to the facts voted in favor of this project to bring good paying jobs to the region." Smith further stated, "We will review our options and make a decision in the next few days about our next steps. We continue to believe that an LNG facility represents the best hope for Washington County's future by delivering good jobs and clean, safe energy to the region."
The few days have passed and, as of April 6, Smith said that Quoddy Bay is still assessing the degree to which distortion and false information influenced the voters. "We know the information was false, and we want to know how much the voters believed that information. After we assess that, we will decide about going forward." Smith indicated the decision would not be made this week. He would not comment on reports that the company or an agent for the company is conducting a telephone poll of Perry residents to see if voters understood the question. Craig Francis, Passamaquoddy tribal attorney, said, "We will respond after we have the opportunity to reflect and understand what happened. We are continuing to analyze the data to figure out what went wrong."
Opponents say right triumphs over might. Linda Godfrey, one of the coordinators of the Save Passamaquoddy Bay 3©Nation Alliance, says that their triumph at the polls is as much about honesty, transparency, respect and collaboration as it is about turning away the developer, Quoddy Bay LLC. Speaking on behalf of the alliance, Godfrey said, "This is model of how grassroots people working together can achieve stunning outcomes. Our collective effort, and the positive energy we brought to this effort, can inspire small communities anywhere that right does still triumph over might and that there are still places and beliefs that have no price tag."
Vera Francis, a member of Nulankeyutomonen Nkitahkomikon (Passamaquoddy People Who Take Care of the Land), says LNG is still a divisive issue. "What I think is more clear now, as time elapses, is that there are more tribal people questioning the integrity of the developer, Quoddy Bay LLC." Francis says her group is holding firm in their resolve to protect the legality of a 28©unit housing project under way at Pleasant Point that would be built in part on the land proposed for the LNG terminal. "For months it has been known that a land lease agreement already existed on the property desired by LNG proponents."
Francis points out that private investors, federal agencies, state government entities, private foundations and development corporations and local and state banking interests all have legal commitments to this land lease. "Our people are awaiting their homes on this land." Francis said that she and other members of the anti-LNG organization are requesting copies of the land lease agreement, the LNG exclusivity agreement and the draft of the 130-page document tribal lawyer Craig Francis referred to as being developed related to the tribe's involvement in the proposed LNG project. "We will invoke the federal Freedom of Information Act locally," Francis said.
In May of 2004 an exclusivity agreement was signed between Quoddy Bay LLC and the Passamaquoddy Tribe that obligates both parties to certain conditions during a feasibility study and evaluation period. That period will expire next month on May 9. Bribery alleged Six Perry residents have retained attorney Philip C. Worden of Northeast Harbor to represent them, accusing Donald Smith of an attempt to bribe Perry voters prior to the March 28 vote by offering the town $1 million a year to cover additional costs to the town that might be incurred with the approval of an LNG facility. Worden, on behalf of his clients, wrote to District Attorney Michael Povich asking him to investigate whether Quoddy Bay LLC violated Maine's bribery statute when it offered the voters of the Town of Perry $1 million if they approved the proposed LNG terminal at Pleasant Point.
Attorney Worden in his March 29 letter to District Attorney Povich wrote, "At first blush, this offer by its own terms appears to be some kind of impact fee. But there is no zoning applicable to this project that requires an impact fee; I don't believe the site is even in the jurisdiction of the Town of Perry. More troubling, thisoffer is made only to the Town of Perry and does not appear to be rationally related to the impacts of the project because the project impacts many other towns in the areas as well. It seems to me to be made only to the Town of Perry because only the Town of Perry gets to vote on the project. The claim that this offer was some kind of neutral impact payment rather than an attempt to influence an election -- that coincidentally was just about to take place and critical to the developer -- stretches the limits credibility."
In a letter to attorney Worden, Donald Smith maintains there is an important misstatement of fact. Smith wrote on March 29, "You claim that Quoddy Bay offered the voters of the Town of Perry one million dollars per year for 30 years if they will vote to approve the proposed LNG terminal at Pleasant Point. This accusation is made several times in the letter and it is simply not true. The offer was made to the Town of Perry, not to voters." Worden, though, does not believe a payment to the town automatically immunizes the company making the offer from a bribery charge. Worden's letter to District Attorney Michael Povich has been forwarded to the office of the Maine Attorney General's office.
Smith says Quoddy Bay welcomes an investigation by the district attorney or attorney general into "the baseless accusations" made by the opposition. "We're confident that any grand jury or board of inquiry would conclude that this facility would bring much needed jobs and economic opportunities to the region, and that's really
what this is all about."
Opponents ask for Quoddy Bay to leave. Recently elected Perry selectman Jeanne Guisinger says, "The Perry voters have spoken and they don't want the project. Mr. Smith needs to admit LNG lost in Perry." Linda Godfrey of the Save Passamaquoddy Bay 3-Nation Alliance says there has been some threatening behavior toward some members of the organization and some Perry residents. Such behavior and incidents have been reported to the Eastport police, Pleasant Point police as well as the Washington County Sheriff's Department. The alliance considers the March 28 vote to be definitive and decisive.
"At the first of last month, Smith indicated in a meeting with small groups of area residents that he would respect Perry's vote and would not put his name on any project that the community didn't want. As the week passed, Smith began to change his tune, and it's anyone's guess what he is saying now -- things change by the minute with Smith and his son, Project Manager Brian Smith," Godfrey stated.
Noting that money and jobs are both desired Downeast, Godfrey indicated that the communities never received answers to questions about those matters. Claiming that millions would be available annually and that 70-80 jobs would accompany the project, Smith sent a letter to the voters two days before the vote listing possible jobs. "All of Smith's claims are significantly overstated when compared to other existing or proposed LNG projects," Godfrey said. "It was clear from the very start of the proposed project that those who stood to gain were the developer and the ultimate owner of the project. Smith has said that owner may be Shell, ExxonMobil, BP, Duke or ConocoPhillips. He said the funding may come from a place like Prudential Insurance, GE Capital Corp. or the World Bank. Our group is sending a package of all of our work and a letter to each of these entities to inform them of the negative work of Quoddy Bay LLC, and informing each that further consideration of coming into Passamaquoddy Bay would not be wise." Asked what is next for Save Passamaquoddy Bay, Godfrey said that the group has found an array of talents, contacts and within the group over the seven months they have worked together. "We intend to stay together, expect to take a leadership role in exploring more sustainable types of energy, work together on some small development projects, and to continue our development of our area as a nature tourism area and as a model of the creative economy in action," Godfrey said.
The group called on both Governor John Baldacci and Pleasant Point Tribal Governor Melvin Francis to honor Perry's vote and assist them in bringing an end to the efforts of Quoddy Bay LLC. "It's time for the Smiths and their public relations firm, Savvy Inc., to leave the area. We are a very welcoming part of Maine, yet the way these folks have treated the people, the process, and the place has been despicable, and we are ready for them all to move out and move on," Godfrey stated.
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