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    "Sound Energy Solutions" Lawyers Say Their Client Will Incur "Nearly $40 Million" In Damages If Council Approves Aug. 23 Agendized Item Opposing Putting LNG Facility In Port of LB

    (August 23, 2005) -- Lawyers representing "Sound Energy Solutions," which seeks to build and operate an 80+ million gallon Liquefied Natural Gas (LNG) facility in the Port of LB, have sent a six page letter to LB City Attorney Bob Shannon contending their client will incur nearly $40 million in damages if the City Council votes to approve an item agendized for the Aug. 23 Council meeting by Councilmembers Lowenthal, Baker, Colonna and Gabelich to communicate to all pertinent parties, including the State of CA via the CA Energy Commission, the Council's opposition to siting the facility in the Port of LB.

    Under LB's City Charter, the ultimate decision on whether to lease the Port site to SES for the LNG facility is not within the power of the elected City Council but rests with a non-elected, non-recallable (Mayor-appointed, Council-approved) Board of Harbor Commissioners. The LB City Council has limited appeal authority to review the sufficiency of a Port-certified Environmental Impact Report on the project...but not to make a determination on the project itself.

    The letter urges LB City Attorney Bob Shannon to remove the Councilmembers' item from the agenda...and to advise the Council "that it cannot assert any position on the Project in light of its role as the quasi-judicial decisionmaker on any appeal of the Harbor Commission's consideration of the Project's EIR."

    To view the letter in its entirety, click here.

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