To: Dennis Roth who wrote (390 ) 4/14/2005 5:15:40 PM From: Dennis Roth Read Replies (3) | Respond to of 919 Lynch Names KeySpan in Lawsuiteyewitnessnewstv.com PROVIDENCE, R.I. (AP) -- The state attorney general on Thursday sued energy company KeySpan over its plan to build a liquefied natural gas terminal in Providence, arguing the project would trespass on state land, pollute the water and hurt fish populations. KeySpan LNG wants to build a $100 million terminal to accept large LNG deliveries by ship. The work would involve driving piles into a 450 square foot area of the bed of the Providence River to support a berth for ship deliveries, according to the civil suit filed in Providence Superior Court. In the complaint, Attorney General Patrick Lynch argues that because KeySpan plans to build the piles on state land, the company must get approval from the General Assembly to do the work. "This is a state issue. This is our state land, and you just can't run us over in this process," Lynch told The Associated Press. The complaint asks the judge to force KeySpan to gain state approval for the project. The suit also claims the pile driving would release contaminants on the bed of Narragansett Bay, and argues that a potential spill at the site would pollute surface water and groundwater. KeySpan spokeswoman Carmen Fields said the company would not comment on the suit because representatives hadn't seen it. But she added the firm has "never indicated the state has no say in the process." Last month, Lynch sued KeySpan in federal court, claiming Rhode Island should have the right to decide on KeySpan's LNG terminal proposal based on underwater sovereignty issues. KeySpan has filed its own lawsuit asking a federal court to decide how the Coastal Resources Management Council, a state marine oversight body, should treat its application for the Providence terminal. The lawsuits form a backdrop to a battle between state and local leaders and energy companies over whether the Federal Energy Regulatory Commission has exclusive power to determine where LNG terminals are located. FERC is still considering whether to approve plans to expand the Providence facility. Several state and local officials oppose the plan, as well as plans for a new LNG terminal in Fall River, Mass.