2009 -- H 6447

Enacted 10/28/09



H O U S E  R E S O L U T I O N





     Introduced By: Representatives Gallison, Ruggiero, Martin, A Rice, and Gablinske

     Date Introduced: October 28, 2009



     WHEREAS, Weaver’s Cove Energy, LLC has proposed construction of a liquefied

natural gas (LNG) facility in Fall River, Massachusetts, along with the construction of an offshore

LNG offloading platform in Mt. Hope Bay; and

     WHEREAS, Weaver’s Cove Energy, LLC proposes to bring 900 foot long LNG

supertankers into Narragansett Bay and Mt. Hope Bay more than 70 times per year; and

     WHEREAS, As a part of the process in determining whether this proposed project should

advance, the navigational safety of LNG supertankers falls to the United States Coast Guard. The

Captain of the Port, who also serves as the Federal Maritime Security Coordinator, is responsible

for providing a Letter of Recommendation (LOR) to the Federal Energy Regulatory Commission

(FERC); and

      WHEREAS, Development of the LOR is guided by Navigation Inspection Circular 05-

08 (NVIC 05-08) which ensures the project’s compliance with applicable existing laws and

regulations. In addition, the Captain of the Port has statutory responsibilities (R.I.G.L. 39-1-2.1)

to protect the personal safety of the state’s inhabitants and visitors, as well as to safeguard

property situated within the borders of the state; and

     WHEREAS, The General Laws further state that “it is well known and accepted that the

use, storage, transmission, or transportation of liquefied natural gas involves an opportunity for

the cause of personal injury or property damage, the general assembly hereby declares that the

reasonable exercise of its police power for the safety and welfare of the inhabitants and visitors of

the state and for the protection of property located within the state requires the control and

regulation of the use, storage, transmission, and transportation of liquefied natural gas”; and

     WHEREAS, Part of the Coast Guard’s role in gathering information to aid in the

execution of the responsibility to develop an LOR, as stated in the Committee Report for the

Senate version of the Department of Homeland Security Appropriations Act, is to “...fully

evaluate the impact of recreational and commercial vessel traffic in relation to navigational safety

and security of a proposed LNG facility in Fall River, Massachusetts”; and

     WHEREAS, A panoply of concerns regarding the impact and challenges this project will

present to the safety of the state’s citizenry and waterways has not yet been fully explored or

considered; and

     WHEREAS, Also, the state and various local port stakeholders have not been afforded

sufficient opportunities to participate, collaborate, and provide relevant input into this process;


      WHEREAS, In addition, Weaver’s Cove Energy’s pending appeals from the Coast

Guard’s previously issued veto of a LOR for its initial proposal must first be determined before

the current proposal moves forward; now, therefore be it

     RESOLVED, That this House of the Representatives of the State of Rhode Island and

Providence Plantations hereby respectfully requests the United States Coast Guard to reconsider

its letter of recommendation determining that the construction of a liquefied natural gas platform

in Mt. Hope Bay and the bringing of large liquefied natural gas supertankers into Narragansett

Bay and Mt. Hope Bay meet navigation standards, as stated in the waterway suitability analysis

of the Weaver’s Cove Energy proposal; and be it further

     RESOLVED, That the Secretary of State be and he hereby is authorized and directed to

transmit duly certified copies of this resolution to the President of the United States, Secretary of

the Department of Homeland Security, Commandant of the United State Coast Guard, the Rhode

Island Congressional Delegation, and Captain Raymond Perry, Commander, United States Coast

Guard, Southeastern New England.