Mr Inspector, ladies and gentlemen,

My name is Johnny McElligott and I am speaking on behalf of myself, the ‘Kilcolgan Residents Association’ (KRA) and the ‘Safety Before LNG’ group (SBLNG).

After the previous An Bord Plean�la oral hearing into the LNG terminal (reference PA0002) and prior to the High Court challenge to that decision by KRA member Raymond O’Mahony and ‘Friends of the Irish Environment’ (FIE), I was elected PRO of the Kilcolgan Residents Association at the most recent meeting of the Association in October 2008. A vote of confidence in our strategy of complete opposition to this LNG project in its entirety was carried at this meeting with only one vote opposing this strategy. I therefore have a mandate to speak for the KRA.

The ‘Safety Before LNG’ group represents people from both Kilcolgan and the wider community and is advocating responsible strategic siting of LNG terminals in areas which do not put people’s health and safety in danger. Ms. Kathy Sinnott M.E.P and Mr. Tony Lowes for “Friends of the Irish Environment” have already signed our written submissions on the pipeline and all submissions by ‘Safety Before LNG’ therefore represents their views too and are to be construed as such in any legal proceedings that may ensue following these proceedings.

SBLNG and the KRA are hereby once more formally objecting to the proposed Shannon LNG Natural Gas pipeline and compulsory acquisition order, referenced GA0003 and DA0003, in their entirety, on health, safety, environmental and strategic planning grounds.

We submitted a detailed written opposition to this current application and I do not propose to read that submission out in its entirety as it is already part of the officially submitted documentation.

There are five main problems with this planning application which can no longer be ignored by An Bord Plean�la if it is to comply with its statutory duties in assessing this planning application and which we are now claiming is illegal for them not to do so:

1. There has still been no LNG Marine Risk Assessment because the HSA’s remit stops at the water’s edge;

2. No strategic environmental assessment (SEA) has been undertaken;

3. No consideration has been given to the consequences of an LNG accident or the consideration of an emergency plan;

4. The All-Island Strategy document for Gas Storage - “Study on Common Approach to Natural Gas Storage and Liquefied Natural Gas on an All Island Basis – November 2007”¹, representing an official government policy document policy document has been ignored by An Bord Plean�la in addressing the question of alternatives sites; and

5. It is our contention that the interactions between the decision-making bodies (such as An Bord Plean�la, the EPA, the CER and the HSA) are illegally totally inadequate and currently almost non-existent, cannot be assessed and that the procedural requirements of the EIA Directive are not being respected. This is compounded by the level of project-splitting of this development.

An Bord Pleanala still managed to make a decision on the LNG terminal without any of these main issues being considered. We therefore object that An Bord Plean�la is cutting corners in this planning application because it based its decision on the limited remit of the HSA that does not consider all risks of the LNG project such as an LNG spill on water beyond the shoreline, nor deliberate damage being caused such as from a terrorist action. In our opinion, An Bord Plean�la is motivated primarily by its objective of giving a speedy planning decision under the new powers it obtained under the fast-track planning process of the Strategic Infrastructure Act 2006. We believe that for An Bord Plean�la to ignore these main issues in its decision-making process and to make such decisions without independent relevant expert advice is cavalier, negligent, inadequate, inappropriate, illegal and criminal.

The largest LNG tankers in the world will be coming to store LNG in the most sizeable hazard in Ireland in the world’s largest LNG storage tanks. This is effectively a third-world project in a first-world country.

New Issues now being raised by the KRA and SBLNG since its written submission on the pipeline:

1. We have no legal support as we cannot afford it. We requested legal aid from An Bord Plean�la for this oral hearing on November 18^th 2008 but this was refused by the Board on November 20^th. We therefore now expect An Bord Plean�la to ensure that our legal interests are represented to the maximum as we are already taking part in this process at a disadvantage and therefore under protest in this regard.

2. We have engaged the services of Dr. Peter North to examine the technical and safety issues surrounding this application and he will speak separately on his findings. We expect that An Bord Plean�la will cover his costs as his intervention is of great importance in understanding the technical and safety issues at stake.

3. On November 19th 2007, a formal complaint was lodged with the Office of the Ombudsman concerning the refusal of Kerry County Council to carry out a Strategic Environmental Assessment on variation No 7 of 2007 and unethical motivation of councillors in voting for rezoning which paved the way for a fast track Submission to An Bord Plean�la by Shannon LNG regarding the Proposed Liquefied Natural Gas (LNG) regasification terminal located on the Southern shore of the Shannon Estuary in the townlands of Ralappane and Kilcolgan Lower, County Kerry (reference PL08 .PA0002 and PC 08.PC0002). A decision is still awaited on this complaint . We now state that we are of the opinion that An Bord Plean�la is legally obliged to await the outcome of this issue before making any decision.

4. On January 6^th 2008 the Kilcolgan Residents Association exercised its right of petition to the European Parliament under Articles 21 and 194 of the EC Treaty and under Article 44 of the Charter of Fundamental Rights of the European Union. It is petitioning for condemnation of breaches of EU Directives by An Bord Plean�la and the Irish “Planning and Development (Strategic Infrastructure) Act 2006” in the planning application for the first proposed LNG re-gasification terminal in Ireland and a top-tier Seveso II development. It is also petitioning for condemnation of breaches of the SEA Directive by Kerry County Council for refusing to conduct a Strategic Environmental Assessment (SEA) when rezoning lands from rural to industrial (Variation No. 7 County Development Plan 2003-2009) in preparation for the Shannon LNG application for planning permission. A result is still awaited on this petition. We now state that we are of the opinion that An Bord Plean�la is legally obliged to await the outcome of this issue before making any decision.

5. On January 23^rd 2008 the KRA highlighted that the proposed LNG terminal is a significant top-tier Seveso II establishment, which by its very designation, is accepted in law as a hazardous installation, with the consequence area of a worst-case scenario accident of 12.4 kilometres. In addition, world renowned LNG expert, Dr. Jerry Havens stated on record at the An Bord Plean�la oral hearing in Tralee in January 2008²:

“If an LNG C[ontainer] were to be attacked in the proximity of the shoreline, either while docked at the terminal or in passage in or out of the estuary, and cascading failures of the ship’s containments were to occur, it could result in a pool fire on water with magnitude beyond anything that has been experienced to my knowledge, and in my opinion could have the potential to put people in harm’s way to a distance of approximately three miles from the ship. I have testified repeatedly that I believe that the parties that live in areas where this threat could affect them deserve to have a rational, science-based determination made of the potential for such occurrences, no matter how unlikely they may be considered.”

We now state that we are of the opinion that An Bord Plean�la is legally obliged to await the issues of the consequences of an LNG accident before making any decision.

6. In April 2008, the All-Island Strategy document for Gas Storage - “Study on Common Approach to Natural Gas Storage and Liquefied Natural Gas on an All Island Basis – November 2007”³ jointly commissioned by the Department of Communications, Energy and Natural Resources and the Department of Enterprise, Trade and Investment, Northern Ireland, which was published in November 2007 was finally only released in Executive Summary format to the general public. This was AFTER planning permission was given for the LNG terminal and this delay was, we believe, also politically motivated because the report contained valuable information on high potential alternative storage sites and strategies which could be ignored in the planning decision but which could not be reasonably ignored in any Strategic Environmental Assessment.

7. On September 20^th 2008, ‘Radio Kerry’ quoted the Minister for the Environment, Dr. John Gormley T.D, as stating that the best route for the pipeline has already been chosen as follows:⁴

“Best route chosen for Shannon LNG says Minister

The Environment Minister is confident that planning authorities have chosen the best route for the Shannon LNG gas pipeline. John Gormley was speaking on the final day of the Green Party think-in in Tralee. In July, plans for the 26 kilometre pipeline on the Tarbert Ballylongford land bank passed the first pre-application stage. The facility will bring 50 jobs to the area. During an oral hearing on the pipeline in January the company said the biggest obstacle to the 500 million euro facility was public concerns over safety. But Minister Gormley says the route has been carefully planned.”

On September 22^nd 2008 the Kilcolgan Residents Association wrote to the Minister to ask him if there is any point in the Kilcolgan Residents Association lodging a submission on the pipeline if, as he has been quoted as stating by Radio Kerry, “the route has been carefully planned” and “the planning authorities have chosen the best route for the Shannon LNG gas pipeline”? A reply to this question is still awaited. We now state that we are of the opinion that An Bord Plean�la is legally obliged to await the outcome of this issue before making any decision.

8. On September 30^th 2008 a formal complaint was lodged with the Standards in Public Office Commission (SIPO) on a possible breach of ethics and conflict of interest by two Kerry County Councillors – that they both effectively prejudiced a Strategic Environmental Assessment Screening Report on the proposed Shannon LNG terminal. A decision is still awaited on this complaint . We now state that we are of the opinion that An Bord Plean�la is legally obliged to await the outcome of this issue before making any decision.

9. On October 8^th, 2008: Doctor Mary Kelly, director of the Environmental Protection Agency (EPA), speaking at the launch of the agency’s fourth report – “2008 Ireland’s Environment” - in Dublin, on October 8^th, 2008, stated:

“In addition, Strategic Environmental Assessments (SEAs) would have to be imposed on all major projects, while the State must comply with EU environmental legislation”.⁵

On October 28^th 2008, the Kilcolgan Residents Association wrote to Dr. Kelly asking her if, following her statement to the media on October 8^th, the EPA will be requiring that an SEA first be undertaken for this major project, which, in our opinion, is now clearly part of a larger strategy of the development of an oil and gas storage hub on the southern shores of the Shannon Estuary.

A reply is still awaited from the Director of the EPA. We now state that we are of the opinion that An Bord Plean�la is legally obliged to await the outcome of this issue before making any decision.

10. On October 15^th, 2008 the Kilcolgan Resident Association’s lodged a complaint to the Office of the Director of Corporate Enforcement on a possible failure by the Auditor of Shannon LNG’s accounts to comply with statutory obligations⁶. The auditor did not sign or date the accounts and our complaint is that, in our opinion, the accounts of Shannon LNG Limited do not give a true and fair view of the state of affairs of the company. A decision on this complaint is still awaited. We now state that we are of the opinion that An Bord Plean�la is legally obliged to await the outcome of this issue before making any decision.

11. On October 17^th 2008 the Kilcolgan Residents Association and the ‘Safety Before LNG’ group lodged a detailed submission against the application by Shannon LNG for consent from the Commission for Energy Regulation (CER) to construct a natural gas pipeline under Section 39A of the Gas Act, 1976, as amended, from Kilcolgan, County Kerry to Foynes, County Limerick⁷. A decision is still awaited on this application by the CER. We now state that we are of the opinion that An Bord Plean�la is legally obliged to await the outcome of this issue before making any decision.

12. On November 2^nd 2008, at the Green Party Convention held in Clonmel, County Tipperary, Mr John Gormley T.D. Minister for the Environment, Heritage and Local Government, informs Thomas O’Donovan of the Green Party in North Kerry, that the Shannon LNG project would require a Strategic Environmental Assessment. On November 12^th 2008, Safety Before LNG writes to the Minister and asking him if he can confirm if this is the case. The letter included the following statement:

“Could you please confirm that it is indeed your position that an SEA is required of the energy development projects on the Shannon Estuary? We note that one Green Party principle is that it is “against pollution of air, sea and land” and that planning, environment and education were the three core principles of the Green Party’s progamme for government. We now believe that the impact of the proposed LNG terminal, pipeline, SemEuro oil storage facility adjacent to the LNG terminal at Tarbert and another huge oil storage facility in Foynes supplying 15% of the country’s oil leading to 610 extra oil and LNG tanker movements per year in these 2 areas alone warrant an SEA at the very least. This is such a serious issue going to the core of what the Green Party stands for (and is highly respected for) that you, as a Green Party Minister for the Environment, should be able to take a principled stand on it as the consequences of inaction are irreversible. We respectfully beg of you to address this issue as soon as possible.”

We still await a reply to this request from the Minister. We now state that we are of the opinion that An Bord Plean�la is legally obliged to await the outcome of this issue before making any decision.

13. On October 2008, Finance minister Brian Lenihan announced details of a tax incentive to promote the relocation of Seveso-listed industrial facilities which hinder the residential and commercial regeneration of Cork docklands.⁸ Goulding Fertilizers has an exclusion zone of 400 meters in a radius surrounding the plant there. Why therefore can it be argued that the establishment of a Seveso II LNG site will encourage development when this is the opposite in Cork Docklands.

14. Rallappane House is only 300 metres from the Above-ground installation on the site. This proximity has not been considered in any risk contours as defined by the HSA. All the risk contours in the original planning application emanate from the LNG storage tanks.

15. An infringement notice has been issued by the EU Commission against Ireland for the lack of interaction between the EPA and An Bord Plean�la. . Threre is no integrated assessment of this project in our opinion. Our contention is that the interactions between the decision-making bodies is totally inadequate and currently almost non-existent and cannot be assessed and that the procedural requirements of the EIA Directive are not being respected. This is now the subject of a separate section 5 referral to Kerry County Council⁹ which we also request the Bord now takes into consideration.

16. Following the recent hijacking of oil tankers by pirates off the coast of Somalia, there has been no assessment of the risk of hijacking of an LNG tanker – as this has now moved into the realm of credible risk. This must now be assessed.

17. The need for an SEA is now more obvious than ever before given the following new information;

    1. Kerry Deputy Jimmy Deenihan T.D, in the ‘Kerryman’ newspaper on November 19^th 2008, has called for the establishment of an Energy Park status for the landbank¹⁰ as follows:

‘North Kerry TD, Jimmy Deenihan also welcomed the news calling for Shannon Development and the IDA to establish 'energy park' status for the landbank. "Synergy between the ESB and the LNG development should lead to an emphasis now on the landbank tapping into the vast opportunities that are being presented by green energy at present”’

2. The Department of Agriculture has confirmed that Shannon Development has made enquiries about a tree-felling licence in order to destroy the 200 acres of trees on the landbank. The previous oral hearing heard how residents could hide behind trees if there was an accident, so the removal of these trees must now be assessed for their impact on the current project

3. ESB employee John Fox announced in the ‘Kerryman’ newspaper on November 19^th 2008 that Endessa plans to build a separate gas-powered power station adjacent to the current power station – not a replacement as follows:

"The Spanish company's undertaking to build a gas-fired power plant alongside the existing plant within the next four years could mean even more jobs.”

This will still be 2 miles from the proposed pipeline route

4. The SemEuro proposal for a Whiddy Island-like oil tank farm adjacent to the LNG site is still active

5. A large oil storage facility catering for up to 15% of the country’s oil is being built in Foynes and the impact and risks of this, and corresponding tanker movements, was not assessed in the planning application for the terminal

6. In issue 5 of the November 2008 newsletter, Shannon LNG announced that a new company has been formed for the proposed Gas-powered power station that it plans to build on the landbank on the LNG site. This has not been considered in this application.

7. The high-powered electricity cables from the LNG plant and power station to Tarbert and their effect on the residents of the area and future development possibilities has not yet been assessed.

18. The latest studies by Carnegie Mellon University researchers show that imported LNG could have 35% higher life cycle greenhouse gas emissions than coal used in advanced carbon capture storage (CCS) power plants.¹¹ However, this will only be assessed by the EPA which will be too late for the consent process of An Bord Plean�la.

19. We have also questioned the solvency of Shannon LNG in our submission to the Commission for Energy Regulation (CER)¹². The CER does not plan to have an oral hearing in this matter. We still do not know how much the site is costing the developer and if they have the money to pay for it given the current world financial situation. This information has now therefore to be made available and we now formally request that An Bord Pleanala oblige the developer and CER to respond to these issues at this oral hearing.

20. No account has been taken of how and if an emergency plan can be implemented for the given site and project. Would it not be very stupid and illegal to allow a terminal to be built to find out then that an adequate emergency plan could not be implemented as required per the Seveso II directive?

21. The Tarbert Chamber of Commerce that supported the original planning application for the LNG terminal now no longer exists.

22. We object to the selective application by An Bord Plean�la of the EU Habitats Directive. Dredging for mussel seeds in Castlemaine Harbour was forbidden earlier this year due to the designated status of the area, putting the livelihoods of 70 families in Cromane alone at risk. How could this LNG project not be affected by the Habitats Directive given that it is on a much greater scale than mussel seed dredging?

Finally, it has to be noted that MEP Ms. Kathy Sinnott is the only public representative to have publically defended the people of North Kerry from the threats faced by this LNG project. She is the only local politician to have respected and fought for our constitutional rights.

The Irish Constitution – Bunreacht na hEireann – states in Article 40 (1) that “All citizens shall, as human persons, be held equal before the law”. It states in Article 40 (3)(1) that “The State guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen”. And in Article 40(3)(2) it states that “The State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property rights of every citizen.”

We expect that An Bord Plean�la and the HSA, as an organ of the state should uphold these aforementioned constitutional rights. Residents of a sparsely-populated area must be afforded the same degree of protection from danger as residents of a more densely populated area, such as Dublin would be as obliged by Article 40(1).

Thank you.

Pipeline Oral Hearing Appendix 1: Submission to CER on Shannon LNG pipeline

Pipeline Oral Hearing Appendix 2: Section 5 Submission to Kerry County Council

Pipeline Oral Hearing Appendix 3: Green Light for Endessa move on ESB plants’

(Kerryman – Wednesday November 19^th2008)

http://www.kerryman.ie/news/green-light-for-endesa-move-on-esb-plants-1545486.html