Case Details

- Case Details:

Case Number:

2018-00043

Case Status:

Closed

Utility/Industry Type :

Water

Utility/Industry Subtype :

Water

Case Type :

REQUEST FOR APPROVAL

Case Subtype :

SALE OR TRANSFER OF WATER RESOURCE LAND

Pertaining to Utility/Company :

BELFAST WATER DISTRICT

Case Title :

REQUEST FOR APPROVAL OF SALE OR TRANSFER OF WATER RESOURCE LAND PERTAINING TO BELFAST WATER DISTRICT.

Initiating Filer :

BELFAST WATER DISTRICT

Case Start Date :

2/14/2018

Assigned Staff :

David.Braley,
Jordan.D.McColman,
Leslie.Raber,
Lucretia.Smith,
Stephani.Morancie,
amy.mills,
Jason.Marco

View Case References

Filings (70) Data Requests (3)Public Comments (7) Active Party and Notification List (16) Assigned Staff (7)

Item No.	Date Filed	Description Of Filing	Filing Party	Filed By	No of Attachments	Deleted Filings
70	12/31/2024	Order Declining to Investigate	COMMISSION STAFF, CMS	COMMISSION STAFF, CMS	1
69	8/26/2024	Objection to August 21, 2024 Filing	BELFAST WATER DISTRICT	Rankin, Jennifer	1
68	5/24/2024	Objection	BELFAST WATER DISTRICT	Rankin, Jennifer	1
67	5/23/2024	NOF Recorded Belfast City Council Order vacating/repealing 8-12-2021 Condemnation Order in support of pending Petition to Reconsider 6-8-2018 MPUC Order	Tucker Esq., Kimberly J. Ervin	Tucker Esq., Kimberly J. Ervin	1
66	5/3/2024	City of Belfast comments re: March 21 2024 Petitioners' Filings	CITY 0F BELFAST	Collins, Kristin	1
65	5/3/2024	Belfast Water District Comments on March 21, 2024 Petitioners' Filings	BELFAST WATER DISTRICT	Rankin, Jennifer	1
64	5/3/2024	Nordic Comments	NORDIC AQUAFARMS, INC.	Tourangeau, Joanna	1
63	5/3/2024	OPA Comments	OFFICE OF THE PUBLIC ADVOCATE	PUBLIC ADVOCATE, OFFICE OF THE	1
62	5/3/2024	OPA Comments	OFFICE OF THE PUBLIC ADVOCATE	PUBLIC ADVOCATE, OFFICE OF THE	1	Incorrect Filing per OPA 5/3/24
61	5/1/2024	Denial of Request to Extend Comment Deadline	COMMISSION STAFF, CMS	COMMISSION STAFF, CMS	1

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View By Set	View By Question

View By Set

View By Question

DR Set ID	Set Description	Issue Date	No. of DR Questions	Propounded Upon	View Questions in Set
EXM-001	EXM-001	2/27/2018	19	BELFAST WATER DISTRICT	View Questions
EXM-002	EXM-002	3/9/2018	24	BELFAST WATER DISTRICT	View Questions
ODR-001	ODR 01	3/30/2018	2	BELFAST WATER DISTRICT	View Questions

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Posted By	Posted Date	Comments	Attachment(s)
Paul Bernacki Intertidal Consultant None Email ID: waybackhomestead@yahoo.com	8/21/2024	Pam Kowalchuk Clerk - Administration -MPUC Aug 21 2024 Dear Clerk Kowalchuk , thank you for your consideration and help in appropriately forwarding the attached documents { surveys} and my addendum to my initial comments to staff and administration . The attached documents consist of two surveys , Transfer deeds incorporating those surveys and my "comment " regarding those surveys and "comment" / Fooa request interaction regardingan "agreement " signed by The Water Districts attorney on behalf of the Belfast Water District Board . As a researcher and document/ survey/ deed , reviewer for Various parties opposing the project and questioning propriety and legality of these public Water District properties transactions , in the plethora of lawsuits resulting from the Nordic Aquafarm Inc , Belfast and the Water District , it is my hope that an update in the documents I have obtained from the District and Nordic , and my first level review of those documents will help the Commission and its staff to unwind this multi-year regulatory and public water district property transfers snuggle . Please feel free to call or write with questions. 207 323 3110 Paul Bernacki Intertidal Consultant .	Maine PUC ? 2018 ? 00043.docx Staples incorp survey.pdf #21760628v1PORT - Joint Defense Agreement.PDF BWD-to-City_Belfast Bk 4776 Pg 270.pdf BWD-Nordic Deed 3-2022 WCRDBook 4776, Page 210.pdf
Eleanor Daniels n/a 95 Sirota Drive Searsmont, ME 04915 Email ID: ellie@greenstore.com Phone No.: (207)322-6464	5/3/2024	See letter attached	04_25_2024 Ellie Daniels Letter to MPUC .pdf
Martha & Sidney Bock 1485 Atlantic Highway Northport, ME 04849 Email ID: sidneyblock@gmail.com Phone No.: 207-338-0085	5/3/2024	See attached. Received in the mail on 5/3/24	Pub Comment.pdf
Paul Bernacki, Intertidal and Submerged Lands Consultant None Email ID: waybackhomestead@yahoo.com	4/29/2024	See Attached	2018-00043 Public Comment of Paul Bernacki.pdf
David P. Silk, Esq. on behalf of Upstream Watch Curtis Thaxter LLC PO Box 7320 Portland, ME 04112-7320 Email ID: dsilk@curtisthaxter.com Phone No.: 207-774-9000	4/24/2024	Please see attached petition to interview of Upstream Watch (filed in this docket on March 26, 2024), incorporated herein by this reference, which should also be viewed as a comment to the extent the petition to intervene is not granted.	2024 03 26(c) UW Ex A (2-27-24 Email).pdf 2024 03 26(b) UW Petition Intervene.pdf
David B. Lossee DAVID B LOSEE, LLC 7 Highland Avenue Camden ME 04843 Email ID: david@loseelaw.com	11/1/2021	Comments Attached	2018-00043 PU COM.pdf
Barbara Ashey 16 Beech Hill Road Northport, 04849 Email ID:administrator@northportmaine.org Phone No. :207-338-3819 Extn: 6	4/13/2018	I would like to clarify a response to EXM-001-013 by the Belfast Water District. The Waiver of the Right of First Refusal was not provided to the Northport Select Board by its Town Attorney Bill Kelly. Mr. Kelly attended the March 12, 2018 Board meeting representing the City of Belfast in the purchase of land from the Belfast Water District as part of the Nordic AquaFarm purchase. He was upfront saying he was attending on behalf of Belfast and not representing Northport. To say he was at that Board meeting as the attorney for Northport is inaccurate. Mr. Kelly stated he would be representing the City of Belfast and asked me if Northport would want the land, I said I did not know. He asked if Northport purchased the land what would we do with it. Again I said I did not know, it was not a buildable lot, it could be conservation land or have a walking trail but I did not know; that was a decision of the Board. To state I said as Town Administrator: "anticipates no desire at all for the Town of Northport to buy any land involved in the underlying transaction" is false. Since March 12, 2018 was the first time the Northport Board would discuss a right of first refusal, and a waiver of it, makes no sense I would say such waiver would be signed off that night by the Board. The Board wonders if the 90 day time frame is inaccurate since we did not receive a copy of the Notice of First Refusal until March 12, 2018. If you use that date, 90 days would be on or about June 10, 2018. However, the Northport Select Board has been trying to work with the Belfast Water District and the City of Belfast regarding Northport's Right of First Refusal. A special town meeting is planned for 4-25-2018 where the voters of Northport will be asked whether or not they want to exercise that Right of First Refusal and purchase Northport Lot U1, Map6, or not. That right to buy or sell property lies with the voters of Northport, not the Selectmen. Thank You, Barbara Ashey Town Administrator

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Notification List Active Party List

Name of Person/Company	Representing Company	Mailing Address	Email/Phone/Fax
Ashey, Barbara		16 Beech Hill Road Northport 04849	Email ID: administrator@northportmaine.org Phone Ph: 207-338-3819 Extn: 6 Fax: Fax: 207-338-3596
Collins, Kristin		45 Memorial Circle 4th Floor Augusta ME 04330	Email ID: kcollins@preti.com Phone Ph: 207-791-3292 Fax:
Dow, Kimberly A	BELFAST WATER DISTRICT	80 Exchange St. P.O. Box 1210 Bangor ME 04402 1210	Email ID: kdow@eatonpeabody.com Phone Ph: 207-947-0111 Fax: Fax: 207-942-3040
HAMILTON, P. ANDREW	BELFAST WATER DISTRICT	80 Exchange St. Bangor ME 04401	Email ID: ahamilton@eatonpeabody.com Phone Ph: 207-947-0111 Fax: Fax: 207-942-3040
HENRY, NICK		PO BOX 543 70 KINGSLAND CROSSING ELLSWORTH ME 04605	Email ID: nick@hmvcpas.com Phone Ph: 207-667-5529 Fax:
Hevey, Richard	OFFICE OF THE PUBLIC ADVOCATE	112 State House Station Augusta ME 04333 0112	Email ID: richard.p.hevey@maine.gov Phone Ph: 207-557-0290 Fax:
Kelly, William	CITY 0F BELFAST	96 HIgh Street Belfast ME 04915	Email ID: kellylaw@bluestreakme.com Phone Fax:
Landry, Andrew		Deputy Public Advocate	Email ID: andrew.landry@maine.gov Phone Ph: 207-624-3678 Fax: Fax: 207-287-4300
Lyons, Patrick W	BELFAST WATER DISTRICT	P.O. Box 1210 Bangor ME 04412 1210	Email ID: plyons@eatonpeabody.com Phone Ph: 207-947-0111 Extn: 8755 Fax: Fax: 207-942-3040
Meader, Amanda A		227 Water Street Suite 222 Augusta ME 04330	Email ID: amanda@ellismeader.com Phone Ph: 207-530-9026 Fax:

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Staff Name	Role
Braley, David	Reviewer
Marco, Jason	Staff Analyst
McColman, Jordan	Presiding Officer
Mills, Amy	Presiding Officer
Morancie, Stephani	Staff Analyst
Raber, Leslie	Hearing Examiner
Smith, Lucretia	Staff Analyst

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