Save Passamaquoddy Bay

Save Passamaquoddy Bay
3-Nation Alliance

Alliance to Protect the Quoddy Region
from LNG Development

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



 

Documents

See also our Resources & Links page.

The Whole Bay Study

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Brochures & Flyers

Passamaquoddy

Brochure Header

"We Take Care of Our Land" is the English translation of Nulankeyutomonen Nkihtahkomikumon, the Passamaquoddy name of the tribal organization and member of the Save Passamaquoddy Bay 3-nation alliance.
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LNG History

Machias, Maine

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Canada, Government of

  • PDF file
  • Liquefied Natural Gas: A Canadian Perspective (2009 January; 2.6 MB)

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    Community Impact Studies

    See also: Whole Bay Study for an impact study of the Passamaquoddy Bay community.

    Energy Boomtowns

    Maine, USA & New Brunswick, Canada

    Passamaquoddy Bay, ME & NB

    Whole Bay Study — Economic, social, and environmental impacts from LNG development in Passamaquoddy Bay

    Perry, Maine

    Financial Framework Proposal by Quoddy Bay LNG for Town of Perry

    Harpswell, Maine

    • PDF document
    Report on Potential Economic and Fiscal Impacts on the Town of Harpswell, Maine of the LNG Terminal Proposed by TransCanada Pipelines and ConocoPhillips — Prepared for Fairplay for Harpswell by Yellow Wood Associates, Inc. (2004 February 3; PDF 1.5 MB)

    California

    Ratepayers for Affordable Clean Energy (RACE) (California)

    • PDF document
    Addendum E: Local Impacts of LNG Terminals — California Public Utility Commission Rulemaking 04-01-025 (2004 Mar 23)
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    LNG Developers' Offers to Communities

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    Court Documents

    Lawsuit Against Bureau of Indian Affairs (BIA) & Secretary of the Interior, filed by Nulankeyutomonen Nkihtahkomikumon* and six Passamaquoddy Tribal Members

    • Administrative Judge, Interior Board of Indian Appeals, US Department of the Interior
       
      >>> Nulankeyutomonen Nkihtahkomikumon Prevails, Again <<<
    • Docket No. IBIA 09-07-A
      Nulankeyutomonen Nkihtahkomikumon v Easter Regional Director, Bureau of Indian Affairs
      &
      Docket No. IBIA 10-138
      Quoddy Bay LNG v Acting Eastern Regional Director, Bureau of Indian Affairs

    PDF documentJudge rules Ground Lease was never legally valid — 2012 Oct 4 (PDF; 7.97 MB)
     
    BIA Regional Director Impson lacked the authority to approve the Ground Lease between Tribal Government and Quoddy Bay LNG in the manner in which it was done, invalidating that approval; thus, no approval occurred, and Pleasant Point Tribal Government had the authority to revoke its consent, effectively "terminating" the agreement between the Tribe and Quoddy Bay LNG.
     
    The Administrative Judge lifts the stay in NN's appeal, Docket No. 09-07, and solicits briefs from the parties on the issue of mootness, with the briefs to be filed by 20121 Nov 19.

    • US Court of Appeals Reverses District Court Decision, 2007 Sep 14

    PDF documentPleasant Point Decision, US Court of Appeals for the First Circuit; No. 06-2733 — 2007 Sep 14, PDF (102.7 KB)

    Nulankeyutomonen Nkihtakomikumon prevails on all points.

    The BIA reversed its position from its 2006 Nov 16 court appearance prior to the 2007 Sep 14 appeal hearing. BIA now claims the ground lease approval is final — that it was never conditional.

    • Court order of dismissal, 2006 Nov 16

    PDF documentCourt order dismissing case (Case 1:05-cv-00168-JAW Document 49) — 2006 Nov, PDF (127.4 KB)
    NOTE: Although he ruled that the case wasn't yet "ripe," it brings attention to FERC's requirement for a valid lease (or title) prior to initiating LNG terminal permitting.

    Since the lease has been determined to be "conditional," then, if the conditions are not met, the lease will not have been valid, and FERC will have violated its own rules; therefore, FERC must reject the Quoddy Bay LLC LNG project.

    • Nulankeyutomonen Nkihtahkomikumon's complaint

    PDF documentDocument filed with Bangor U.S. Circuit Court, 2005 Nov 2, PDF Adobe Reader document (112.4 KB)

    * Nulankeyutomonen Nkihtahkomikumon ("We Take Care of the Land") is the Passamaquoddy affiliate of the Save Passamaquoddy Bay 3-Nation Alliance.

    PDF documentMotion to Dismiss, 2006 Jan 24, PDF Adobe Reader document (47 KB)
    This motion totally ignores the BIA's statutory performance requirements that it passed on illegally to the FERC.

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    Conferences

    [Past Conferences are now on their own Past Events page. See our Calendar page for future conferences.]

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    Environment & NEPA-related

    (NEPA = National Environmental Protection Act)


    Save Passamaquoddy Bay Literature & Resources

    Flyers

    Images


    US White House Council on Environmental Quality

    Oceans


    Memoranda

    • PDF file National Policy for the Oceans, Our Coasts, and the Great Lakes (PDF)
    • Alternate download source: PDF fileNational Policy for the Oceans, Our Costs, and the Great Lakes (PDF)

      [T]he United States needs to act within a unifying framework under a clear national policy, including a comprehensive, ecosystem-based framework for the longterm conservation and use of our resources.

      In order to better meet our Nation's stewardship responsibilities for the oceans, coasts, and Great Lakes, there is established an Interagency Ocean Policy Task Force (Task Force), to be led by the Chair of the Council on Environmental Quality.

      The Task Force should review the Federal Government's existing policy coordination framework to ensure integration and collaboration across jurisdictional lines in meeting the objectives of a national policy for the oceans, our coasts, and the Great Lakes.

    Interagency Ocean Policy Task Force


    Maine Board of Environmental Protection (BEP)

    LNG proposal — Calais LNG [DEFUNCT]

    LNG proposal — Downeast LNG

    Save Passamaquoddy Bay filings

      1. PDF documentExhibit 1 — Existing & Proposed North American LNG Terminals (PDF 268.2 KB)
      2. PDF documentExhibit 2 — Potential North American LNG Terminals (PDF 241.6 KB)
      3. PDF documentExhibit 3 — Response to FERC Comments on Pre-filing Resource Report 11 (PDF 68.6 KB)
      4. PDF documentExhibit 4 — Letter from Kestrel Energy Partners, LLC re financing (PDF 248.5 KB)
      5. PDF documentExhibit 5 — Affidavit of Jerald Levey (PDF 239.0 KB)
      6. PDF documentExhibit 6 — Canada Ambassador Wilson Letter to FERC (PDF 79.7 KB)
      7. PDF documentExhibit 7 — Affidavit of Marten van Heuven (PDF 174.3 KB)
      8. PDF documentExhibit 8 — Affidavit of Professor David A. Wirth (PDF 569.3 KB)

    Downeast LNG Filings

    Maine Board of Environmental Protection (BEP) Filings

    LNG Proposal — Quoddy Bay LNG [DEFUNCT]

    Save Passamaquoddy Bay Filings

      1. PDF documentAttachment A — FERC's 2008 Oct 17 letter of Federal dismissal (PDF; 69.7 KB)
      2. PDF documentAttachment B — Bangor Daily News story on FERC's dismissal of Quoddy Bay LNG's Federal application (PDF; 245.3 KB)

    Robbinston Residents Filings

    Quoddy Bay LNG Filings

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    Environmental Contamination

    Passamaquoddy Bay

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    Environmental Protection

    ConocoPhillips Compass Port Gulf-of-Mexico Permit Clock Stopped by USCG due to EPA Environmental Objections

    13 NEPA Environmental Resource Reports — Required for Natural Gas (& LNG) Applications

    NEPA = National Environmental Policy Act

    Fisheries

    New England Fishery Management Council

    This document lists seven proposed offshore LNG terminals currently under review:

    1. Gloucester, MA;
    2. Cabrillo Point (14 miles offshore Ventura County, CA);
    3. Clearwater Port (14 miles offshore southern CA);
    4. Main Pass Energy Hub (offshore AL, LA, MS);
    5. Compass Port (offshore AL, MS);
    6. Pearl Crossing (41 miles offshore LA);
    7. Beacon Port (offshore LA).

    Geology — Seismology

    Seismic Faults in Passamaquoddy Bay

    Source: University of New Brunswick Ocean Mapping Group

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    Events

    [Past Events are now on their own Past Events page. See our Calendar page for future events.]


    Bureau of Indian Affairs (BIA), US Department of the Interior

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    US Department of Energy

    Applications to Export Domestically-Produced LNG

    Environmental Review Documents

    FERC (Federal Energy Regulatory Commission)

         FERC is an independent agency within the Department of Energy

    (For offshore LNG terminals, see MARAD)

    Strategic Plans & Budget Requests

    2009

    • PDF fileThe Strategic Plan: FY 2009–2014 (PDF; 44 pages; 3.1 MB)
      In Chairman Jon Wellinghoff’s words, “We used this opportunity to restructure the Strategic Plan to align our strategic goals and objectives more closely with our statutory authorities. This change will allow the Commission to request resources and report progress to Congress and the public more clearly based on the Commission’s statutory purposes.”

    2011

    "The Commission’s LNG responsibilities include: analyzing the cryogenic design of proposed LNG plants, reviewing site compliance with federal safety standards, coordinating with the US Coast Guard on waterway suitability assessments for LNG import/export terminals, completing postauthorization final design review, reviewing design change requests, approving compliance with conditions, and conducting construction and operation inspections."

    Eminent Domain re LNG Terminals & Natural Gas Pipelines

    • PDF file"An Interstate Natural Gas Facility on My Land?: What I Need to Know" (13 pages; 2.6 MB)
      Under the Natural Gas Act — Section 7(h), and under the Federal Rules of Civil Procedure — Rule 71A, eminent domain gives a natural gas pipeline company the right to an easement on privately-owned land. The landowner continues to pay taxes on the easment land (local tax relief laws apply in some locales). Easement conditions are negotiated between the landowner and the pipeline company (or determined in court) — FERC is not involved in the negotiations.
       
      If a natural gas pipeline is planned near or on your property, be sure to read this publication and the referenced Federal legislation and rules.

    Robert Cupina
    Deputy Director, Office of Energy Products

    Richard Hoffmann
    Director, Division of Gas — Environment and Engineering

    Maps

    Pre-application Filing

    Application Filing

    "Zones of Concern" / "Hazard Zones" Terminology

    LNG Terminal Need

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    Freedom of Information Act (FOIA) & Maine's Freedom of Access Act Documents

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    Legislation

    Passamaquoddy Tribe

    Sipayik Tribal Council (Pleasant Point Passamaquoddy Reservation)

    United Nations

    Law of the Sea Convention (UNCLOS)

    UNCLOS makes it clear what countries are affected by the treaty:

    PART I, Article 1, 2. (1) "States Parties" means States which have consented to be bound by this Convention and for which this Convention is in force.

    Since the U.S. hasn't "consented to be bound by" (Congress hasn't ratified) UNCLOS, then the Convention is not in force for the U.S.; the U.S. has no rights or responsibilities under UNCLOS.

    Local LNG speculators and the U.S. Department of State can wish all they want for LNG ships to have UNCLOS right of innocent passage into Passamaquoddy Bay, but their wish is hollow — the treaty clearly states that the U.S. doesn't have that right.

    US Coast Guard lawyer agrees local LNG projects have no UNCLOS innocent passage:

    "Without being a party to the Law of the Sea Convention, we cannot avail ourselves of the dispute-resolution provisions," [said US Coast Guard Capt. Charles Michel, Chief, Office of Maritime and International Law]. — Read full 2007 Dec 12 article

    • PDF file"Law of the Sea" status, 2008 (PDF; 132 KB)
      This document lists nations alphabetically, and indicates which nations are, and are not, ratifiers of the Law of the Sea Convention.
       
    • See also, "'Limits in the Seas,' United States responses to Excessive National Maritime Claims"

    United States

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    Legislative Reports

    Reports for US Congress — Congressional Research Service, Library of Congress

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    Legislative Debate, Hearings & Testimony

    Canada

    Parliament — House of Commons

    Environment

    Parliament — Senate

    Canada-US Relations

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    United States

    Senate

    Energy Hearings

    • The Future of Liquefied Natural Gas: Siting and Safety (Sen. Jack Reed—RI, 2005 Feb 15)
      "FERC’s approval process for LNG terminals is deeply flawed and leaves too
      many questions unanswered" and "...the Coast Guard has told my office repeatedly that it does not have the resources to adequately secure these LNG tankers and marine terminals, while fulfilling its other post-911 responsibilities."
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    Legislators — Federal

    Maine

    US Congressman Tom Allen

    Spam (Junk Email) sent to Save Passamaquoddy Bay

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    Letters, Memos, Faxes, Emails & Others' News Releases

    "CLF calls again upon FERC to undertake a study of the region’s anticipated gas supply needs and to analyze where terminals could be built that would provide proper safety zones and meet rigorous environmental standards."

    Example Letters

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    Maine Governor

    Executive Orders

    Gov. Baldacci

    • 2007 Mar 13 — An Order Establishing the Governor's Council on Maine's Quality of Place
      • WHEREAS, the study states that “land development patterns are…consuming rural land, increasing government costs, and degrading the state’s small towns and environments—its true ‘brand’
      • the State must protect and invest in the assets and amenities that comprise Maine’s quality places—our diverse communities, our natural resources, our scenic landscapes….
      • The Council will… include bipartisan and diverse members with relevant knowledge and experience in all parts of Maine.

    State-of-the-State Addresses

    Gov. Baldacci

    • 2009 Mar 10 (Maine.gov page) — Gov. Baldacci touts energy independence and clean renewable energy while hypocritically promoting the proposed surplus LNG terminal projects in Passamaquoddy Bay.

    Maine Governor's Office of Energy Independence and Security

    Gov. Baldacci

    Maine Governor's Regulatory Reform Proposals

    Gov. LePage

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    Maine Department of Conservation

    Bureau of Parks & Lands

    Dan Prichard

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    Maine Department of Inland Fisheries & Wildlife

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    Maine Planning Office

    Uldis Vanags

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    Marine Navigation & Safety

    Channel Design & Ship Maneuverability

    Marine Risks & Liability / Protection & Indemnity (P&I)

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    MARAD (Maritime Administration)

         (For shoreside LNG terminals, see FERC)

    Deepwater Ports — LNG & Oil
    Current/Planned Deepwater Ports

    Deepwater Ports (3 miles or more offshore) — LNG & Oil

    Current/Planned Deepwater Ports (on MARAD website)
         16 LNG offshore licenses applied for, six LNG licenses have been issued (as of 2008 Sep 1).

  • Licensed Terminals (as of 2008 Sep 1)
      1. Gulf Gateway Energy Bridge (Excelerate Energy) — Gulf of Mexico off the coast of LA; began operations 2005 Mar 20.
      2. Gulf Landing (U.S. Gas & Oil, LLC) — to be located thirty-eight miles offshore of LA.
      3. [Louisiana Offshore Oil Port (LOOP) (Marathon Domestic LLC)] — oil terminal.
      4. Main Pass Energy Hub (FreeportMcMoRan) — Gulf of Mexico off the coast of LA.
      5. Neptune LNG (Suez LNG N.A.) — 10 miles south of Gloucester, MA, and 22 miles Northeast of Boston.
      6. Northeast Gateway (Excelerate) — 13 miles south-southeast of the city of Gloucester, MA; began operation in 2008.
      7. Port Pelican (Port Pelican, LLC) — off the coast of LA; licensed in 2004; project is on indefinite hold.
      1. Bienville Offshore Energy Terminal (TORP L.P.) — Gulf of Mexico, 63 miles south of Mobile Point, AL.
      2. Calypso LNG (Suez LNG N.A.) — 12 miles off the coast of Port Everglades, FL.
      3. Clearwater Port (Formerly Crystal Energy) — 12.6 miles off the coast of Ventura County, CA.
      4. Oceanway Secure Energy (Woodside Natural Gas, Inc) — 28 miles southwest of Los Angeles, CA.
      5. Port Dolphin (Port Dolphin LLC) — 28 miles offshore from Tampa Bay area, FL.
      6. Safe Harbor Energy (Atlantic Sea Island Group LLC (ASIG) — 13.5 miles south of the city of Long Beach, New York, and 23 miles southeast of the New York Harbor.
      1. Beacon Port (ConocoPhillips) — Gulf of Mexico, 29 miles southeast and 56 miles southwest of Johnson's Bayou, LA; application withdrawn in 2006.
      2. Compass Port (ConocoPhillips) — off the coasts of AL and MS; application withdrawn 2006.
      3. Pearl Crossing (ExxonMobil) — Gulf of Mexico, 41 miles south of LA; application withdrawn and terminated in 2005.
      1. Cabrillo Port (BHP Billiton LNG International) — 14 miles off the coast of Ventura County, CA; denied by Governor Schwatzenegger in 2007.
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    News Clippings

    Evening Times-Globe, Saint John, NB

    • PDF fileN.B. Fishing, Tourism Threat Cited — 1973 Dec 19 (PDF, 409.4 KB)
      Eastport harbor pilot states Eastport is the most difficult port between New Brunswick, Canada and Puerto Rico.
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    Newspaper Ads & Inserts

    Published in The Quoddy Tides

    | Ads | Inserts |

    Ads

    Inserts

    Read Our Newspaper Inserts

    Each insert is tabloid size (11" x 17"), in PDF format,
    and has appeared in an edition of The Quoddy Tides newspaper.

    Files are large, so please be patient during downloading.

    You'll need to open the downloaded Insert file with Adobe Reader (aka "Acrobat Reader").

    Get Adobe ReaderDownload free Adobe Reader software for PDF files.

    1.

    Turning to One Another...
    For the Future of
    Passamaquoddy Bay

    2.

    Safety Is the Real Issue

    3.

    LNG:
    Now Is the Time
    for Courage and Resolve

    4.

    LNG:
    Native Voices
    Speak For Themselves

    Turning to One Another
    3 pagesPDF file3.9 MB
    Filename: insert-1.pdf
    Safety is the Real Issue
    4 pagesPDF file780 KB
    Filename: insert-2.pdf
    Now is the Time for Courage and Resolve
    4 pagesPDF file1.4 MB
    Filename: insert-3.pdf
    Native Voices Speak For Themselves
    4 pagesNative Voices Speak For Themselves PDF3.5 MB
    Filename: insert-4.pdf

    5.

    Rally For the Bay:
    Eastport, January 8, 2005

    6.

    LNG —
    Not Now. Not Ever.

    7.

    LNG:
    Dangers and
    Possible Disasters

    8.

    Perry Will NOT Become
    Lake Charles

    Rally For the Bay
    4 pagesPDF file6 MB
    Filename: insert-5.pdf
    Not Now. Not Ever.
    1 pagePDF file68 KB
    Filename: insert-6.pdf
    Dangers and Possible Disasters
    4 pagesPDF file1.9 MB
    Filename: insert-7.pdf
    Perry Will Not Become Lake Charles
    4 pagesPerry Will Not Become Lake Charles PDF3.6 MB
    Filename: insert-8.pdf

    9.

    The "Facts" Are the Fear...

    10.

    The Future?
    Not if you can help it.

    11.

    Save Passamaquoddy Bay -
    Protect Our Homeland
    Stands Behind
    the Vote in Perry!

    12.

    Latest Actions of Our
    Passamaquoddy Group

    The Facts Are the Fear...
    4 pages*PDF file91.1 KB
    Filename: insert-9.pdf
    * Pages 2 & 3 appear
    as a single spread
    The Future? Not if you can help it.
    3 pages*PDF file1.6 MB
    Filename: insert-10.pdf
    * Pages 2 & 3 appear
    as a single spread
    Save Passamaquoddy Bay - Protect Our Homeland Stands Behind the Vote in Perry!
    4 pagesPDF file8.6 MB
    Filename: insert-11.pdf
    Latest Actions of Our Passamaquoddy Group
    4* pagesRally For the Bay PDF6.9 MB
    Filename: insert-12.pdf
    * Pages 2 & 3 appear
    as a single spread


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    News Releases

    [News Releases are now on their own News Releases page.]

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    Posters

    • No LNG in Passamaquoddy Bay poster
    PDF file No LNG in Passamaquoddy Bay

    A poster by Campobello Island artist Joyce Morrell, depicting an LNG tanker, to approximate scale, entering Head Harbour Passage by the Head Harbour (East Quoddy Head) lightstation.

    A PDF ready to print on your ink jet. 8.5" x 11".

    Go to the St. Croix Estuary Project Download page.

    • No LNG in Head Harbour Passage
    PDF file No LNG in Head Harbour Passage

    A poster by Campobello Island artist Joyce Morrell, depicting an LNG tanker, tugs, and U.S. Coast Guard gunboat passing by Head Harbour (East Quoddy Head) Lightstation.

    A PDF file ready to print. (274.9 KB).

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    Proclamations


    Reference

    Physics

    Methane

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    Radio Programs

    All radio programs have been moved to our Sound Files page.

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    Safety-related & Health-related Documents

    All Safety and Health documents are now on the Safey Reports Page.

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    US Coast Guard

    Waterway Suitability Assessment

    For shoreside LNG terminals, the US Coast Guard (USCG) is charged with determining the suitability of waterways for LNG transit to such terminals. Early in the FERC permitting process, the USCG provides a Waterway Suitability Report (WSR) for inclusion in the Draft Environmental Impact Statement (DEIS). That report typically contains a list of issues that must be resolved by the applicant in order for the USCG to ultimately issue a Letter of Recommendation (LOR) to FERC recommending either in favor of, or opposed to, the use of the waterway for LNG transit.

    Thermal Hazard Zones — Zones of Concern

    Alan Moore (Retired)
    Lt. Dan McLean

    LNG Safety & Security Zones

    "Proceedings" magazine

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