I am speaking here as an individual and not as the Mayor of Kalama.
The Department of Ecology needs to know when NWIW is dissolved; all bets will be off.
NW Innovation Works is the company responsible for:
• The $2 billion loan to pay for the entire fac...↓
• Offsetting GHG emissions
• Using ULE and ZLD technologies for environmental permitting.
• Not using it as fuel.
• Donating $1 million for the schools.
• Donating $1 million for the fire dept.
• Providing the training money to employ 20% of its workforce.
Take NW Innovations out of the equation, and it's all a lot of hot air.
With NWIW out of the picture, Pan Pacific, the parent company of NW Innovation Works, will take over, and all prior commitments will be void. It will be a seamless transition since most of the same people work at both companies.
Pan Pacific is also a Delaware LLC company, and will not be responsible for any of its prior liabilities or promises.
According to an online article on INC Now-
A Delaware LLC exists as a separate legal entity from its members, creating a shield that insulates the owners from individual liability beyond their investment for the LLC's financial obligations. Unlike a corporation, the protection in an LLC also runs in reverse. This shield also protects the Delaware LLC from future judgments against individual members due to the state's exclusive "charging order" remedy. This means that a creditor who obtains a judgment against a member of the Delaware LLC can only receive that member's distributions from the LLC and not a voting interest, nor can the creditor of a member order the liquidation of the LLC.
They can promise anything within reason. The best thing is that the refinery promoters can say anything without worrying about the repercussions of their actions.
NW Innovation Works or PPE might try to explain to the county that the infrastructure will be put in at the end or are just waiting for the federal agencies to approve the permits since ULE technology hasn't been approved in the U.S. yet.
By the time that the county figures out there's that there is no way that NW Innovation Works or PPE isn't going to use ULE or ZLD due to the feasibility issues, it will be too late. The county isn't going to care, since they never did care about the environmental reviews in the first place.
If they were going to use ULE, the language about CR would have been totally removed from the review documents. Instead, the documentation says: if feasible or, if possible.
I talked to an industrial engineer about the project to get his take on it. He asked me to see the engineering or the finished blueprints for the entire facility. I told him that the company has concept drawings and not layout as the whole and how all of these processes work together, including the ZLD and ULE technologies. He was very concerned and said that it sounded like a sham. He asked who is the person or company that could put all of these parts together and be able to run it.
When the permitting for the ULE or ZLD gets denied, or the financial equation doesn't add up, it will be too late, the pipeline will already be under construction. The company will begin the refinery and say that it's too late to stop it now. PPE will say that the previous company made those promises. The backers of this refinery will get what they have always wanted, a Canadian monetizing facility.
The person that signed all of the contracts, the president of NW Innovation Works, will be long gone. No one will be held accountable for all of the carnage that would be left behind.
How is the Department of Ecology going to be sure that this start-up company with no assets or income will be there two years down the road, much less thirty?
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