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NorthernStar Natural Gas Inc. announced Wednesday, May 5, 2010, that it has suspended its $650 million Bradwood Landing liquefied natural gas project.
Clatsop County’s legal counsel confirmed Wednesday afternoon that several entities that may have connections to the Bradwood Landing project filed bankruptcy in the U.S. Bankruptcy Court for the Southern District of Texas on Tuesday, May 4, 2010.The filings were made by NorthernStar Natural Gas Inc. (Case File No.: 10-33856), NorthernStar Pipeline Company LLC (Case File No.: 10-33863), and Bradwood Landing LLC (Case File No.: 10-33867). Bradwood Landing LLC is one of the applicants in the land use proceedingspreviously filed with Clatsop County. To the county's knowledge, the other county applicant, NorthernStar Energy LLC, has not filed bankruptcy.
All of the above-referenced proceedings were filedas no asset, voluntary bankruptcy proceedings under Chapter 7 of the U.S. Bankruptcy Code. In layman's language, this means the cases were filed directly by the named parties rather than by their creditors. The purpose of the proceeding is to liquidate rather than reorganize the companies, and while the companies may have some assets,it is believedthatno assetswill be available for unsecured creditors. The companies all are represented byattorney Thomas Grace of the Spencer CrainCubbage Healy & McNamara firm located in Houston, Texas.
County Counsel is examining the impact of the filings on the land use applications currently pending before the County Hearings Officer and on the appeal of the Land Use Board of Appeals decision filedin the Oregon Court of Appeals by Bradwood Landing LLC and NorthernStar Energy LLC roughlytwo weeks ago.
Background:
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In March of 2008, the Clatsop County Board of Commissioners voted 4-1 to approve with conditions Bradwood Landing LLC’s consolidated land-use application for a liquefied natural gas terminal and related facilities on the Columbia River east of Astoria. Commissioner Sam Patrick cast the dissenting votes.
Columbia Riverkeeper et al appealed the Board of Commisisoners' decisions to the Oregon Land Use Board of Appeals (LUBA), which released its decisions on Tuesday, January 27, 2009. LUBA affirmed the Board of Commissioners' decision on the approval for a variance for Clifton Road and remanded the consolidated application for the liquefied natural gas terminal on two issues. View the decision on the consolidated application, and view the decision on the Cifton Road variance.
Department of Environmental Quality to Hold Informational Meeting for Proposed Bradwood Landing Liquefied Natural Gas Terminal and Pipeline
The Department of Environmental Quality (DEQ) will provide information and accept comments regarding air and water quality issues related to the proposed Bradwood Landing liquefied natural gas terminal and pipeline at an information meeting on Wednesday, March 3, 2010, at the Knappa High School Gymnasium, 41535 Old Highway 30, approximately 13 miles east of Astoria. The meeting begins at 6:00 p.m.
DEQ Water Quality and Air Quality program staff will share information about DEQ's authority, the status of the permit applications, and potential timelines for drafting permits, holding a formal public hearing, and making permitting decisions. Comments relating to air and water quality issues will be accepted through 5:00 p.m. on Wednesday, March 17, 2010. View the public notice. For more information, visit DEQ’s Bradwood Landing LNG page: http://www.deq.state.or.us/nwr/LNG/BradwoodLanding/bradwood.htm
Recent Events and Documents Relating to Bradwood Landing's Applications
View information about the July 8, 2009, Board of Clatsop County Commissioners' public hearing on the two remanded issues.
View Clatsop County's Procedures Following Remand.
View Clatsop County's letter to the Department of Justice regarding a recent referendum that invalidated Clatsop County's amendment to its OPR zone to allow pipelines in that zone as a conditional use.
On January 12, 2009, Clatsop County receieved a public notice from the Washington State Department of Ecology regarding NorthernStar Energy LLC's application for State of Washington Water Quality Certification to perform work in the Columbia River. Washington State Department of Ecology is seeking public comments through March 9, 2009. View the public notice. Comments on the water quality certification application must be sent to the State of Washington address on the public notice.
On September 18, 2008, the Federal Energy Regulatory Commission (FERC) issued an order and conditions, granting authorizations to site, construct, and operate the Bradwood Landing LLC project. View the order and 109 conditions, as well as the dissenting opinion of one commissioner.
The official Bradwood record, called the Record of Proceedings, is a 32-volume set of approximately 21,000 pages. View the Table of Contents (about 130 pages). The record is not available online at this time; however, a hard copy is available in the Transportation and Development Service's Land Use Planning Office, 800 Exchange Street, Suite 100, Astoria, and may be viewed by appointment. To view the record, please call 503-325-8611, or email comdev@co.clatsop.or.us to make an appointment.
The Federal Energy Regulatory Commission (FERC) issued the Final Environmental Impact Statement June 6, 2008. The document can be viewed on FERC's Website.
View Ordinance #08-05 and Resolution and Order, dated March 20, 2008.
Before voting, the commissioners discussed public safety issues. Bradwood must have agreements with emergency service responders signed before the county will issue a development permit for construction. The Board made a change to one condition, allowing Bradwood to return to the Board if it can’t reach an agreement with a particular agency. If that happens, the Board will hold a public hearing and make a decision based on the recommendations by the county’s public safety consultant, PBS&J.
The Board added a new condition to its approval of the project – a memorandum of agreement with Bradwood Landing LLC and NorthernStar Energy LLC in which the company essentially agrees to honor the conditions, even if waived by the Federal Energy Regulatory Commission.
The Board adopted the findings of fact, spelling out the facts, conclusions and conditions of the approval, and held the second reading and adopted an ordinance amending the county’s comprehensive land use plan to enlarge the area zoned for marine industrial uses, to dredge areas of the river so LNG carriers can dock and unload at the proposed storage and distribution facility. A proposed pipe from Bradwood would carry natural gas to the Williams Northwest interstate pipeline in Washington.
The county’s review is specific to the site of the proposed LNG marine terminal, pipeline and related facilities and compliance with the county’s land-use plan and zoning regulations. The county’s review does not address issues such as LNG carrier traffic on the river that state and federal agencies will handle.
A Summary of County Actions on Bradwood LNG Proposal is available.
Recent Documents:
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April 4, 2008, letter from Federal Energy Regulatory Commission in response to Clatsop County letters regarding the Bradwood Landing Project, proposed by Bradwood Landing LLC and NorthernStar Energy LLC
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March 17, 2008 Staff Response to Bradwood Landing's March 14 Revised Draft Findings of Approval, immediately below
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Staff's response to Bradwood Landing's March 4, 2008, submittal, immediately below
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Bradwood Landing's March 3, 2008 response to Staff Comments and "redline" revised Proposed Findings, received March 4, 2008
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February 27, 2008 Staff Comments on the Proposed Findings of Fact, immediately below
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February 2008 Proposed Findings of Fact, submitted by Bradwood Landing
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Other Documents Submitted to the Board of Commissioners:
Documents submitted by Bradwood Landing to the Board of Commissioners, Nov. 15, 2007:
Documents submitted by Bradwood Landing to the Board of Commissioners, Oct. 19,2007. Many of these documents are large and take several minutes to download.
Supplemental Staff Report and map to the Board of County Commissioners, Oct. 15, 2007. Staff issued a supplemental report that advises the Board of Commissioners to deny Bradwood Landing LLC’s application for zone changes and other land-use permits for an LNG terminal on the Columbia River east of Astoria. The staff report finds that some key elements of the application fail to comply with county ordinance provisions and comprehensive land-use policies to grant a zone change to build a liquefied natural gas marine terminal and related facilities at the former mill site.
Planning Commission documents:
Planning Commission findings dated Sept. 29, 2007, presented to Board of Commissioners recommending approval of core elements of the conoslidated application. The Planning Commission voted 4-3 to find that all elements of the application, except for one, comply with the applicable approval criteria, and recommended approval to the Board of Commissioners. Conditions of approval were attached to nearly all of the applications. The Planning Commission recommended authorizing dredging in the AC-2 zone as a conditional use; rezoning approximately 5.35 acres from Aquatic Natural to Marine Industrial; approving an exception to Statewide Planning Goal 16 (estuary resources) to permit the rezone allowing dredging in the estuary, and finding the proposed facility is a small to moderate scale industrial facility. Voting for approval of the findings of fact were commissioners Christen Bridgens, Cary Johnson, Brian Pogue and Michael Autio. Opposing were Chairman Bruce Francis and commissioners Bill Harris and Dirk Rohne. Harris submitted a dissenting opinion for the record that was supported by Rohne and Francis.
Staff Report on Consolidated Application from Bradwood Landing, LLC,, June 28, 2007, and site-specific Public Safety Assessment dated June 27, 2007.
Supplemental Staff Report to Clatsop County Planning Commission, Aug. 23, 2007. Appendix 1 lists documents already entered into the record and available below on this page under "Links to Other Documents Follow." Appendix 2, County Counsel's Legal Opinion on Clatsop County Road Standards Applicable to Clifton Road.
Staff report to the Planning Commission regarding the findings of fact.
Planning Commission minutes from Aug. 29, 2007.
Draft Environmental Impact Statement (DEIS) by the Federal Energy Regulatory Commission, Aug. 2007. This 600-page document takes time to open. The document is also available at www.ferc.gov under “What’s New.” Send comments by Dec. 24, 2007, to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First St. NE, Room 1A, Washington, D.C. 20426
Safety Assessment Report of the proposed project by PBS&J, an engineering consulting firm hired by the county.This assessment addresses planning for, responding to and recovering from a public safety disaster related to the LNG operation. Separate from the land-use permitting review, the safety assessment report looks at a broader geographic area, from the mouth of the Columbia River to the plant site at the former mill site east of Astoria and the pipeline. The land-use review is restricted to whether Bradwood Landing’s application complies with the county’s comprehensive land-use plan and ordinances and is specific to the site of the proposed LNG Marine terminal, pipeline and related facilities.
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The staff report refers to several attachments. Use this PDF link to view Bradwood Staff Report Attachments.
The Final Public Safety Assessment submitted July 27, 2007, by PBS&J covers a broad range of subjects, many of which are outside the scope of the county's review of Bradwood Landing's application for land-use permits and approvals. PBS&J's assessment is included in the record for that application, however, because it contains some information and recommendations relevant to that application. Bradwood landing must obtain permits and approvals from various state agencies and from the Federal Energy Regulatory Commission in addition to the county. The consolidated application submitted to Clatsop County deals only with county policies and ordinance requirements. The county’s review does not address state and federal regulations or requirements, except to the extent they involved the county’s comprehensive plan and land-use regulations. |
Links to other documents:
Document filed subsequent to July 31, 2007:
Additional documents submitted by Bradwood Landing LLC at the July 17, 2007, public hearing:
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Appendix A, Lower Columbia River Acoustic Doppler Current Profile Survey Results, submitted at 7-17-07 public hearing
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Bradwood Landing LCC Submittals Aug. 14, 2007
Bradwood Landing LLC Submittals Aug. 7, 2007.
Bradwood Landing LLC Submittals July 31, 2007 in response to questions and comments from the July 10 and 17, 2007, public hearing.
Bradwood Landing LLC Related documents from other sources:
45-Day Notice submitted by Clatsop County to the Oregon Department of Land Conservation and Development, notifying the state of the application and subsequent procedures, as required by law.
Bradwood LNG Background/Historical Information.
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