LURC Gets Tough
Editorial opinions from across the state
Maine Sunday Telegram, PortlandLURC Gets Tough
Two recent decisions by the Land Use Regulatory Commission suggest an agency long criticized for failing to fulfill its expansive mission may be evolving in time to confront the new challenges facing the North Woods. The rejection of an ill-fitting subdivision on Moosehead Lake and the denial of a utility-line extension that would have jeopardized another pristine lake demonstrate that LURC commissioners are capable of reviewing development with a critical eye.
It's difficult to read the decision of the Burnt Jacket subdivision on Moosehead's Beaver Cove without pondering how the commission's thinking would apply to Plum Creek's colossal rezoning request, the largest subdivision proposal in state history. But it would be risky to draw direct comparisons between the two projects. The "lake concept" rezoning requested by Plum Creek has different standards and requirements than the straight-up subdivision plan submitted by Hampden businessman Hank McPherson. McPherson wanted to rezone 246 acres on a 1,700-acre property and create seventy lots. Plum Creek proposes to rezone roughly 421,000 acres in the Moosehead region so it can develop 975 lots and two resorts. Nevertheless, language in the decision seems clearly intended to articulate the standards by which other subdivision proposals will be judged. Among other things, commissioners faulted the location of house lots as being insensitive to the scenic character of Moosehead Lake's shoreline and views. They found McPherson had not shown a need for more house lots and noted that he provided no marketing study to demonstrate demand. They also found the plan failed to adhere to the Comprehensive Land Use Plan's requirement that growth be located near existing development and be similar in type, scale, and intensity. Perhaps the strongest signal to Plum Creek came in a concluding paragraph. "Rezoning is not an entitlement," the decision reads. "Petitioner purchased this land with a full understanding of . . . restrictions on development." In its other ruling, commissioners took the unusual step of overturning the staff recommendation to approve the utility-line extension. Two decisions are not enough to discern in LURC any permanent evolution in philosophy. But they show that commissioners are diligently considering the impact of new development on their sprawling jurisdiction. They also suggest commissioners are paying attention to the impact of development on the character of remoteness they are charged with protecting.
Mount Desert Islander, Bar Harbor
P.C. Lobsters
Maine's lobster industry was in an uproar recently over reports that Whole Foods Market, a grocery chain of 180 stores around the country, would stop selling live lobsters because of concerns about the humane treatment of Maine's major edible export. Of primary concern was the fact that most lobsters are cooked by dropping them live into a pot of boiling water, which some animal rights activists claim is cruel. Although the lobsters sometimes thrash around, scientists at the Maine Department of Marine Resources note that they have only a rudimentary nervous system and don't feel pain as humans perceive it. "We place as much emphasis on the importance of humane treatment and quality of life for all animals as we do on the expectations for quality and flavor," said Whole Foods CEO John Mackey. "It is an integral component of our standards for every species we sell, and lobster cannot be any different." Four days later, Whole Foods announced it now will sell a product from Canada billed as "fresh raw frozen lobster." Clearwater Seafoods boasts that its process automatically removes the lobster from its shell raw and is "100 percent natural and humane and does not involve any additives or preservatives." According to Cranberry Isles author Trevor Corson, who literally wrote the book (The Secret Life of Lobsters), Clearwater is using a new high-tech method developed by the army in which live lobsters are put in a high-pressure tank that literally causes them to explode out of their shells. The process takes several minutes to reach a pressure many times greater than the bottom of the ocean's deepest trench. The manufacturers of these tanks claim the lobster dies quickly, but Corson reports that some experts believe it may take as long as thirty seconds. And this is more humane? Corson recommends putting a live lobster in a freezer for a few minutes before cooking to lower its metabolism and then split it with a knife, which reportedly kills it instantly. In the end, the entire exercise was more about promotion and publicity -- like the annual circus created by People for the Ethical Treatment of Animals (PETA) at the seafood festival in Rockland -- than about the humane treatment of food animals. A few days after the initial news broke, it was learned that Whole Foods really wasn't making much of a sacrifice by halting the sale of live lobsters, as it had tanks in fewer than a dozen stores. The irony is that while Whole Foods' decision may not actually have saved many lobsters from a steamy demise, the company certainly had no moral qualms about using Maine's signature crustaceans to drum up some attention for itself.
Sun Journal, Lewiston
Power from the People
You've probably seen the desk sign before: "Your failure to plan doesn't constitute our crisis." That's the message Maine needs to send to the Federal Energy Regulatory Commission, which recently ruled that Maine consumers should pay an additional $300 million over the next four years to some of the nation's largest power companies. Then a few days later the New England power grid, to which Maine belongs, announced another $20-million transmission fee hike, effective July 1. "At a time when Maine's economy is struggling to get ahead," said Kurt Adams, chairman of the Maine Public Utilities Commission, "this rate hike is simply astonishing." He's right. Maine ratepayers are basically being told to help pay for a shortage of generating capacity in southwestern Connecticut and northeastern Massachusetts, even though Maine has power to spare. FERC's action will result in rate increases of about 6 percent for Maine's residential consumers and about 10 percent for commercial and industrial consumers. FERC's goal is to head off a looming generating capacity shortage. The FERC ruling sets up a system for power companies to bid on the right to build new plants and supply electricity to companies that distribute the power, like Central Maine Power. However, Maine is already a net exporter of power with twice as much capacity as the state consumes. Electric rates here are already a burden for consumers. But the higher rates are a severe competitive disadvantage for the state's manufacturing industries, especially those like paper mills that use large quantities of power. Maine lawmakers early last year approved legislation directing the Public Utilities Commission to study whether Maine should remain in the New England Power Pool, also known as the ISO, or Independent System Operator, for this region. Governor John Baldacci had previously directed the state's Utilities Commission to study alternatives, including establishing another regional group that could even include Canadian provinces. We hope FERC will address Maine's concerns with the ruling. If not, we need to have a full understanding of the alternatives and be ready to act.
