From: Smith, Jim
Sent: Wednesday, February 25, 2004 10:46 AM
To: Cole, David A
Cc: Lincoln, Jane; Wyke, Rebecca; Adams, Kurt; Stearns, Alan; Kemmerle, Toni
Subject: Sears Island - Confidential- Attorney client privilege/work product
As you are aware, Toni Kemmerle, Esq., Rob Elder, 3 consultants from Levitan and Associates, Inc. and I traveled to Sears Island on February 24, 2004. Following a view of the island including one from Mack Point, we returned and Toni and I continued our discussions with the consultants until you made your appearance. We agreed to proceed as follows:
1. Seth Parker, Levitan, would forward his list of due diligence questions designed to provide MaineDOT with useful information regarding the developer's ability to permit, construct, and operate an LNG facility, as well as to structure the LNG import and gas sale contracts.
2. The above questions would be sent to the two parties who have shown interest in developing an LNG project on a portion of Sears Island. These issues need to be explored regardless of the form that any negotiations may take.
3. The questions should be forwarded asap in order that either or both parties would be prepared to make a presentation in the near future, arguably soon after the Harpswell vote if same is negative.
4. In the event that Harpswell denies the project, we would recommend that Seth Parker contact other potential parties to ascertain their interest in developing a similar project. Seth believes that there may be 2 or 3 other entities that may be prepared to enter into serious negotiations. If others do express interest, they would. also be sent the above questions and, depending on their responses, also granted an opportunity to make a presentation. All of the above could be completed by mid-April 2004.
At your request, I am forwarding my comments to the above individuals and expect that we can proceed within 24 hours unless I hear otherwise from you.