DCP Searsport's death throes continue. Company adds two more nails to its own coffin.

Two more twitches of the corpse of DCP Searsport were detected, one on April 5th and one April 9th, 2013:

The April 5th "Petition for Surrender of License",  by Kelly Boden, DCP's soon-to-be-former Maine attorney, concludes with the following to Maine DEP Commissioner Patty Aho:

"Given that DCP has concluded that it is not going to construct the Project as permitted by the Department, pursuant to Section 23 of Chapter 2 of  Department's rules, DCP hereby petitions to surrender the DEP Licenses. DCP has not commenced any on-site activities approved under the DEP Licenses and does not intend to do so in the future. DCP hereby waives any notice or opportunity for a hearing."

On April 9th, a "Notice of Withdrawal"  was sent  by soon-to-be-ex-DCP atty James Kilbreth to Jay Clement at the Army Corps of Engineers, announcing the death of the LPG tank proposal:

"DCP has petitioned to surrender its Maine DEP permits (attached). Although I understand that there is no formal mechanism to surrender the above-identified Army Corps permit, DCP has no intention of proceeding with the Project at this point. DCP has undertaken no activity with respect to the activities permitted by the Corps."

So long DCP! It appears that corporate rigor mortis is setting in. Let us turn DCP's picture to the wall, and contemplate how better our world without the (not-so) dearly departed!

Searsport: did "independent consultant Neal Frangesh have conflict of interest when advising town on DCP megatank?

In this 3/7/13  letter, activist Nancy Galland summarizes her findings about "independent consultant" Neal Frangesh's background and behavior advising the town of Searsport about DCP, which suggess he has a conflict of interest that marred his value to the town.  This was also published in the Republican Journal 3/6/13

PUBLIC HEARING REVEALS POSSIBLE FRANGESH CONFLICT OF INTEREST
The front page article last week on the final Searsport Planning Board public hearing for the DCP mega-tank was replete with quotes and detailed descriptions of the lively exchanges that night of Feb. 25. I was, however, puzzled by the omission of one very important testimony given early on in the public comment period. I am hoping this was simply an oversight, but “censorship by omission” is not uncommon. Admittedly, the issue has serious implications, and I hope this column will correct that omission.

I was about 10th in the lineup of about 50 who wanted to testify. What I had to say implicates “something rotten in Denmark,” as Shakespeare might say. There is a crack in what appears to be a democratic process. It is of utmost importance that people are aware of this endemic issue.

Here are excerpts from my testimony:

“In the beginning, DCP objected to the idea of the Board hiring an independent consultant. In response, Mr. Probert stated that he wanted someone who knew more than he did about these things to advise the Board. Then he chose Mr. Frangesh, who is an LPG/LNG industry consultant, who had no experience in advising municipal boards, and who has worked for DCP. Mr. Probert decided this was not a conflict of interest. “

I went on to point out that Mr. Frangesh had signed “a conflict of interest avoidance statement, promising that he won’t work for DCP until either (1) project completion (2) project termination or (3) 12/31/14. Clearly, he intends to go back to work for DCP.”

“During these hearings,” I continued, “more often than not, when Mr. Probert asked if there were any questions after testimonies were submitted, only silence could be heard from Mr. Frangesh. His silence frustrated some of the Board members; they weren’t getting what they needed from their consultant, he was too quiet. I have this on good authority.

"But why was the engineering consultant so silent throughout most of the hearings?

And why, when he did have something to say, was it invariably as an apologist for DCP?”

(In fact, when Mr.Frangesh gave his evaluation of the site plan that night, he sat at the DCP table, receiving advice from the DCP lawyers. He found no problems with the site plan. When a member of Thanks But No Tank began to cross-examine the consultant, Mr. Probert gaveled him down, telling him to submit his questions in writing. The public would hear neither these critical questions nor the responses.)

My testimony continued:

“Even though Mr. Frangesh was hired by the Planning Board as an independent consultant, the $25,000 for his services was paid to the town by DCP.

“This is an oxymoron: how independent can a person be when his paycheck comes from an interested party? And how independent can he be when he’s worked for DCP in the past and, as evidenced in his “avoidance” statement, he intends to do business with them in the future?

"To paraphrase E.B. White, “It’s hard to stand up to someone when you know he holds your next paycheck.”

"The Planning Board’s next step is to sequester themselves from all outside inputs while they examine the evidence. They can, however, call upon experts for clarifications or missing information. Neal Frangesh should not be among those experts. He is not independent, he has proven his prejudice consistently.

"I hearby call upon the Searsport Planning Board to dismiss Neal Frangesh on grounds of failing in his duty to perform adequately as an independent engineering consultant to the Planning Board on behalf of the citizens of Searsport. Mr. Frangesh has failed throughout these hearings in raising critical questions about the DCP Midstream proposal and in specific incidences, his only comments have been in defense of DCP’s interests. Thank you.”

For 10 nights of previous public hearings the Planning Board sat implacably, patiently, through up to four hours of testimonies from DCP representatives, intervenors from various organizations, and the general public. The “general public” was always last on the agenda, but the Planning Board’s frequent willingness to extend the time another half hour or so was appreciated: it felt like small-town democracy in action.

Even the most recalcitrant skeptics who believed the Planning Board had been “bought” by DCP were softening. This last night, however, shed a bright light on the underpinnings of undue influence. What are we to think when a key cross-examination is shut down, the voices of the public are silenced, and a clear conflict of interest is unveiled?

Nancy Galland is a resident of Stockton Springs who testified at a recent Searsport Planning Board hearing on the proposal for an LPG tank there.http://waldo.villagesoup.com/p/public-hearing-reveals-possible-conflict-of-interest/970386

Searsport vs DCP. Round 2 of public hearing begins.

Following wednesday's storm-blocked  event, The public hearing on the DCP Midstream gigtank plan for upper Penobscot Bay went forward on Thursday.

The People spoke. The People presented. The Planning Board questioned and discussed. The New York Times was in attendance tonight, complete with photographer  The two were given much juicy background info,  internet links and, naming names.  Bangor Daily News put a story out about the hearing.

Residents of Cape Jellison/Stockton Springs gave presentations, as did realtors about declining sales and home values, Senior Citizens and their concerns, Friends of Sears Island and a loooooong discourse between Buddy Hall's appraiser and DCP's lawyers (Hall is owner of restaurant and motel abutting  DCP's proposed tank site)

One important event was Searsport resident Dave Italiaander's  presentation click here (pdf) showing that the company must be  misrepresenting itself to the people of Maine, because DCP exports LPG gas. It doesn't import it.   According to Italiaander:

"LPG imports are virtually non-existent, except  from Canada. There are no water borne imports. 

"LPG and Propane prices 

are falling. 

"Propane prices are near a 10 year low.

"DCP told their investors that they are going to increase their LPG exports by 200 to 250 thousand barrels a day" Italiaander told the board.

"That is almost 8 million tons of additional exports a year, or 175 large, ocean-­-going LPG Tankers.  Their proposed Searsport mega-tank would hold around 43,000 Metric tons; a large LPG tanker holds around 45,000MT.  DCP needs 5 new terminals the size of this one just to handle their new exports"

Army Corps of Engineers washes hands of responsibility Italiaander said he spoke to the Army Corps of Engineers and to town officials about the project.
"Once this terminal is built" he told the board,  "the Corps would have no jurisdiction nor review if the applicant wanted to export rather than import.  
"Neither would the  Town of Searsport. It seems that it would require no more than a notification to the DEP and Coast Guard."

"I hope that it is now clear," Italiaander told the Searsport Planning Board,  "that it is a virtual impossibility that this is an import terminal and a virtual certainty that it is an export terminal."

This company exports propane, it does not import it."

UPDATES AS REPORTS COME IN

Maine Lobsters visit DCP Midstream headquarters in Downtown Denver.

Coloradans spoke out Saturday out in downtown Denver in the plaza before DCP Midstream's 25th floor headquarters in the Republic Plaza skyscraper..  

Listen to a 6 and a half minute recording phoned-in to WRFR community radio during the event 01/12/13  (mp3)

 Click Here for photogalleries of these Lobsters at the DCP HQ and elsewhere in Denver.  beseeching DCP Midstream's new leader Wouter van Kempen to drop the company's  controversial plan to build the east coast's biggest LPG gas tank in this scenic backwater, heart of the Maine lobsterfishing industry

Their crimson colors ("we're steamed!" t'was muttered) stood out nicely from on high. About this issue: here and here  

TBNT appeals megatank permit approval to Maine Supreme Judicial Court

Thanks But No Tank! has filed a "Motion For Declaratory Judgement Voiding Recent Permit Modifications and Enjoining Further Permit Modifications During The Pendancy Of This Appeal" with the Maine Supreme Judicial Court. Read the Motion here (pdf)

TBNT is asking the state's high court to " vacate Appellee Department of Environmental Protection’s Dec.11, 2012 Findings of Fact and Order modifying and transferring Permit No. L-25359." and to  forbid the Maine DEP from issuing "any other Order transferring or modifying Permit No. L-25239".

The appellants state that "Under the longstanding precedents of this Court, once the appeal was filed, the Department was divested of its jurisdiction to reconsider, amend or modify that permit."

DCP tank opponents to demonstrate project's footprint on January 5th TANK OPPONENTS TO DEMONSTRATE PROJECT’S FOOTPRINT JANUARY 5, 2013

Opponents of the proposed Searsport LPG mega-tank will gather at Mosman Park on Water Street in Searsport on January 5th at 1:00 pm to form a 202-ft diameter, “human chain” circle, representing the actual size footprint of the proposed tank. A similar circle comprised of nearly 250 people was assembled in Belfast on November 18^th of this year.

 

The January 5 event comes on the eve of the final round of Public Hearings for the controversial project, scheduled for January 16-18 in Searsport. Organizers say the event is not intended as a protest, but rather as an action to demonstrate the actual size of the proposed tank’s footprint for all to see.

The idea was spawned when project developer DCP Midstream LLC, repeatedly declined to produce a realistic scale model for public viewing and scrutiny. 

Exasperated opponents then took it upon themselves to demonstrate just how large an area the tank would cover by assembling their first 202-foot diameter circle last month in Belfast.  A cluster of helium-filled balloons hovering 137 feet above the field demonstrated the proposed tank’s height.  That event received widespread attention and helped attract hundreds of people from around the region to the first round of public hearings in November.

 

Anyone who is interested in this issue, especially citizens of Searsport, is invited to come and participate in this dramatic, one-hour event, and to witness just how big the proposed tank’s footprint would be.   

Opponents say the massive, 137-foot tall tank poses many dangers and threats to the region, and should not be built in Searsport.

In case of inclement weather, the event will be held at 1 p.m. on Saturday, January 12, 2013.

 _______________

Contact information:

Peter Wilkinson – 338-4019

FIrst Night of megatank public hearings; Searsport Planning Board picks parties

November 26, 2011. Night # 1 of  5 Searport planning board public hearings on DCP

Listen below to organizations and citizens requesting Interested Party status to take part in the hearing, and to the planning board, in most cases granting party status, in others, no.

 

Introduction by Bruce Probert, Board chair  1min 44sec

Bruce Probert's 'one warning' rule for ejecting people from hearing

Steve Hinchman (TBNT) 4min 53sec

Steve Miller IIT 5min 40sec

Ed Bearor 1min 38sec

Marietta Ramsdell (FOSI) 3min 13 sec

Davis Gelinas 2min 10sec

Lincolnville No Show 36sec

Belfast No Show 20 sec
Chris Hyke 1min 47 sec (consolidated)
Phyllis Sommer 5min 5sec
James & McCormack Economy 5min 48sec
David Italiaander 4min 54sec
Arlene Leighton denied 9min 42sec

Public requests for IP status

Bruce Probert: intro  24 sec
Charlene Knox Burris 4min 43sec
Diane Messer 6min 21sec
Nancy Galland (denied) 5min 20sec
Joel Madiec  3min (denied)
Martha Murphy 5min 49 sec
Rebecca Freeman 2min 40 sec


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