June 13, 2013

Oil pipeline opponents rally in S. Portland

BY MATT BYRNE Staff Writer

SOUTH PORTLAND -- A citizen group opposed to the prospect of Canadian tar sands oil being pumped to South Portland for shipment overseas said Thursday it will try to change a city zoning law to prevent any such project from coming to fruition.

At a rally of a couple dozen supporters outside South Portland City Hall, leaders of the Concerned Citizens of South Portland unveiled the revised zoning ordinance and began gathering signatures to place a question for its approval by voters on the November ballot.

While there is no current plan to reverse the flow along 236 miles of the buried pipeline and use it for oil exports, critics say the company is positioning itself to do so in the future, making the ballot initiative the best hope to preclude such a plan before work ever would get underway.

"South Portland is the only city or town where we have any leverage," said Roberta Zuckerman, a member of the citizen group. "There is a lot resting on what South Portland does at this time." In a statement, Portland Pipe Line Corp. spokesman Ted O'Meara said the company will in the near future respond to the "misinformation, exaggerations and mistruths (sic)" propagated in the ballot petition.

O'Meara said the company has been a consistent provider of local jobs and a contributor of about $25 million in property taxes over the last three decades. It also has granted the public access to 5 acres of what is now Bug Light Park and the green-belt walkway, evidence of its community involvement.

O'Meara said that if the company decides later to pursue expansion or development of its waterfront property, it would engage with authorities and comply with regulations.

"Should we decide to develop our facilities further we have every confidence that the City of South Portland and other agencies would treat us fairly and consistently as they have in the past," O'Meara wrote. "In the meantime, we ask that the community not discriminate against one of the top taxpayers and job creators in the city."

If passed by voters, the zoning provision could spark a legal challenge, placing South Portland at the center of an international struggle about Canada's ability to export and capitalize on the valuable tar sands resources buried under Alberta. To get the issue on the ballot, volunteers said, they must collect 950 validated signatures of registered South Portland voters. The citizen group hopes to turn them in to the city clerk by June 17. The deadline is not strict, but would leave the City Council and the Planning Board ample time to evaluate the proposal, said Emily Figdor, director of Environment Maine, which collaborated with the citizens' group on the ballot initiative.

"We worked really hard (so) that all of our ducks were in a row, and something like that takes time," Figdor said. "We wanted to do it right."

Because the matter is framed as a zoning issue, Concerned Citizens co-chairman Robert Sellin said, the city would be on firm legal footing if petroleum or pipeline companies sue the city.

He said the group's proposal aligns with a comprehensive plan passed in 2012 that calls for the city to phase out heavy industrial uses in the waterfront area.

The zoning provision, or "Waterfront Protection Ordinance," as dubbed by Sellin's group, would define and specifically allow the pipeline's current use (moving imported oil from a shipping terminal in South Portland 236 miles north to refineries in Montreal). A separate section would bar the expansion, construction or installation of new equipment that would be used for the loading of oil onto tankers for export from South Portland to overseas refineries.

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