Prince Frederick, MD – A circuit court judge has ruled that Calvert County Government officials did not act in bad faith in responding to a request for information regarding correspondence between the county and Dominion Cove Point.
The order and opinion issued Sept. 5 by Judge James P. Salmon also granted a motion by the plaintiff—the nonprofit group Accokeek, Mattawoman, Piscataway (AMP) Creeks Communities Council Inc.—to require the county to produce requested documents within 30 days.
The complaint filed by the council alleged County Attorney John Norris and other county officials had violated provisions of the Public Information Act (PIA). The plaintiffs had submitted a PIA request last November seeking copies of correspondence between the county government and Dominion regarding a non-disclosure agreement the two entities had forged in August 2013. The pact is related to Dominion’s plan to construct a $3.8 billion liquefaction unit at the Cove Point Liquefied Natural Gas (LNG) Plant in Lusby. The unit will give the facility the capability of exporting natural gas to foreign countries.
The project has been met with opposition from several environmental groups and residents living in proximity to the plant. Dominion’s plan has also garnered support from area businesses, elected officials—including all five incumbent county commissioners—and labor unions who view the three-year construction project as beneficial.
Norris obtained cost estimates for the review of their files, a determination what documents would be responsive to the request and copies of those documents. The estimated cost was $60,000, a sum the council’s attorney, Sean Canavan, was unwilling to pay. Canavan asked if he could submit a request to have the fees waived.
In an affidavit Norris filed in March, the attorney stated Canavan requested a waiver of fees “because he intended to provide the information to a news source.”
In the PIA request sent to Associate County Attorney Pamela Lucas, Canavan stated “AMP Creeks Council has no commercial interest in the requested disclosures and the disclosure will significantly contribute to the public understanding of the operations of the Calvert County Government as regards the largest construction project in Calvert County this century. Applicant intends to widely distribute the produced materials to journalists and interested parties so that the electorate can make informed choices about this project. Disclosure is in the public interest and any associated fees should be waived.”
In late December, Canavan e-mailed Norris, stating the council was not seeking documents covered by the nondisclosure agreement but “only the agreement and the communications leading to the signing of it, and subsequent communications interpreting it.”
Judge Salmon indicated that Norris never denied Canavan’s request for a waiver fee. In his opinion, Salmon stated, “Mr. Norris merely pointed out what the usual policy of the Calvert County Government was in regard to fee waiver requests. The conversation then segued into a discussion of a possibility of the plaintiff making a more narrow public information request. Shortly thereafter, Mr. Canavan did make a more narrow request.”
The Dominion Cove Point LNG Exportation project has yet to receive final approval from the Federal Energy Regulatory Commission (FERC). The FERC ruling is expected soon. Norris said Friday, Sept. 5 that the pending hearing on whether the county government has conducted an adequate search for documents related to AMP Creeks Communities Council’s revised request is not expected to delay the project should it be approved by FERC.
“It really was an attempt to give the county a black eye,” said Norris of the council’s claim the PIA had been violated.
A message to Canavan seeking comment about Judge Salmon’s ruling had not received a response as this story was being filed.
Contact Marty Madden at marty.madden@thebaynet.com