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Harmon, Curran, Spielberg + Eisenberg LLP 1726 M Street NW, Suite 600 202.328.3500 I office
Washington DC 20036-4523 202.328.6918 I fax
HarmonCurran.com
September 27, 2011
Heather H. Hunt
U.S Department of Justice
National Security Division
FARA Registration Unit
600 E Street NW
Bicentennial Building Room 1301
Washington, DC 20004
Dear Ms. Hunt,
On behalf of Friends of the Earth, I am submitting the following information to demonstrate that,
Paul Elliott, a government relations employee of TransCanada, has acted as agent of a foreign
principal and therefore violated the Foreign Agents Registration Act. We respectfully request
that you immediately open an investigation of this matter.
TransCanada, a Canadian oil and gas company based in Calgary seeks to build a new oil pipeline
that would extend 2,000 miles from Alberta, Canada to Texas. The pipeline, known as the
Keystone XL (KXL), has generated intense public controversy because it will carry one of the
world’s dirtiest fuels: tar sands oil. The risks of spills are significant because they could
devastate ecosystems, pollute water sources, and jeopardize the public health of many
communities. To build the pipeline through the United States, TransCanada must obtain a permit
from the State Department; before issuing it State must both conduct a review under the National
Environmental Policy Act1 and make a determination that the Pipeline is in the “national
interest”.2
Assessing whether or not the Pipeline could significantly affect the environment and whether the
Pipeline is in the national interest require the formulation of domestic and foreign policy on
several complex issues implicated by the dynamic changes in the world around us. Such policy
decisions are classic examples of governmental decisions covered by FARA. The task is not a
matter of simply applying existing policy for two reasons: current policy goals are in conflict and
in light of changes in the world those current policies are being reconsidered. People allege that
there is a conflict between federal policy in favor of protection of the natural environment and
the country’s search for energy security and economic revitalization. But significantly, the US
policy on energy security is not static. Considerations of energy security include not only a
review of present technical and geopolitical problems of fossil fuels production but also the
future of renewable energy. An analysis of economic security must consider the unfolding
A brief history of the State Department environmental review follows. The State Department received Transcanada’s original
pipeline application on September 19, 2008. State conducted scoping activities in 2009 and issued a Draft Environmental Impact
Statement (DEIS) on April 16, 2010. Due to perceived inadequacies of that DEIS, the EPA rated the DEIS as’~ Inadequate-3”
because potentially significant impacts were not evaluated and additional information and analyses were necessary to ensure that
the ElS fully informed decision makers and the public about potential consequences of the Keystone XL Project. State issued a
supplemental DEIS (SDEIS), which in turn received a negative appraisal from the EPA which rated the SDEIS “Environmental
Objections-Insufficient Information (EO-2)” given concerns regarding the potential environmental impacts of the proposed
Project, as well as the level of analysis and information provided concerning those impacts. State issued a Final ElS on August
26, 2011 and is currently receiving public comments and awaiting further comments from EPA and other agencies.
2 Executive Order 13337.
Harmon, Curran, Spielberg + Eisenberg LLP
global financial crisis which may affect both the price of energy and also demand for it. In
analyzing activities such as the production of tar sands oil which produce greenhouse gases, the
security and economic consequences of climate change cannot be ignored. Thus the decision by
the State Department to grant or withhold a permit for the KXL pipeline requires sensitive policy
decisions.
Documents obtained by Friends of the Earth from the State Department under the Freedom of
Information Act demonstrate that as early as September 2009, Paul Elliott, an employee in the
government Relations Department of TransCanada, and a former senior campai~n aide to then
Senator Hillary Clinton, was seeking to lobby officials of the State Department. For example, in
May of 2010, he organized and attended a lobby meeting between TransCanada President and
CEO, Hal Kvisle, and David Goldwyn, Special Envoy and Coordinator for International Energy
Affairs, Office of the Coordinator of International Energy Affairs Bureau of Economic, Energy,
and Business Affairs, and Michael Sullivan, Bureau of Economic, Energy and Business Affairs,
of the State Department (Exhibit 1). The meeting, which may have also included Matthew
McManus, Energy Producer-Country Affairs Division Chief, Office of International Energy and
Commodity Policy at the State Department, addressed proposed comments and stakeholder
lobbying on the Draft Environmental Impact Statement. Elliott followed up this meeting by
transmitting a letter from Brian Schweitzer, Governor of Montana, to Goldwyn, McManus and
other contacts at the State Department, in order to convey further information about support for
the pipeline proposal (Exhibit 2). The letters to State continued with one addressed to President
Obama and copied to Secretaries Clinton and Chu and Director Browner (Exhibit 3).
Meetings at the State Department were only part of TransCanada’s efforts to influence decisions
regarding the KXL pipeline. Mr. Elliott reports that he and the President and CEO of
TransCanada met with Senators Inhofe, Thune, Tester, Nelson and Murkowski and
Representatives Herseth Sandlin and Peter Welsh in May of 2010 (Exhibit 1).
Paul Elliott registered under the Lobby Disclosure Act on December 16, 2010 (Exhibit 4)•4 The
current and anticipated lobbying issues identified omit the KXL Pipeline and curiously include
the Waxman-Markey bill (passed by the House of Representatives on June 26, 2009 which then
died in the Senate July of 2010) and the Kerry Boxer bill (introduced in October of 2009 and no
longer active). Accordingly, during 2009 and 2010, Elliott states he engaged in federal lobbying
on behalf of TransCanada which required FARA registration.
In light of Mr. Elliott’s significant lobbying activities for a foreign principal, we respectfhlly
request an immediate investigation of this violation of the Foreign Agents Registration Act.
Sin,9erely,
~J
It is important to note that thus far the documents concerning Paul Elliott obtained by Friends of the Earth are only from a single
office of the State Department. The State Department is conducting searches of documents from other offices and bureaus and
other releases are expected (Exhibit 5). In addition, we believe that inquiries to other agencies would be likely to produce other
relevant documents particularly from the Energy Department and the office of Director Browner in the white House.
Although the effective date of registration is listed as November 5,2011, it was tiled electronically more than a month later.
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UNCLASSIFIED RELEASED IN FULL
ToN, Nora F
From: Toiv, Nora F
Sent: Wednesday. May 19, 2010 3:05 PM
To: ‘Paul Elliott’
SubJect: RE: Introductions
Thanks for the read out. Cheryl will be in the DR that week.
From: Paul Elliott [maiitq:paul~ellio~@tr~nscanada.com1
Sent: Wednesday, May 19, 2010 12:16 PM
To: Toiv, Nora F
Subject: RE: Introductions
More,
Our meeting with David Soldwyn and Michael Sullivan was very productive.
David provide us with insight on what he’d like to see by way of on the record comment during this public
comment period of this Keystone KXL draft environmental Impact statement.
We are working with our stakeholders, shIppers and vendors to deliver on the insight David shared with us
and to do so by the June 15 deadline.
We also spent the day on the Hill meeting with Senator’s Inhale, Thune, Tester, Nelson and Murkowski.
We met with the staffs of Representatives 1-terseth Sandlin and Peter Welsh.
Mr. Kvisle told me last night, before departing for Calgary, that he’d like to return to Washington during
the time period of June 2,3,4 and he’d welcome the chance to meet briefly with Cheryl, should her
schedule permit. Again, this would be a quick meet and greet. Mr. Kvlsle will return for meetings with
members of Congress whose states and districts are impacted by the Keystone KXL pipeline.
If you’d like me to submit a more formal request to you for a meet and greet between Cheryl and Hal
Kvisie, please let me know.
Thank you.
Paul Elliott
Government Relations
TransCanada Corporation
Telephone: (646) 823-7026
Cell: (917) 828-3g83
lkom: ToN, t4ora F Irnallto:ToivNF~state.QOV1
Sent: Wednesday, May 19, 2010 12:02 PM
To: Paul Elliott
Subject: RE: Introductions
Hi Paul. How was your meeting?
From: Paul Elliott rmailto:paul eljiotti~transcanada.com1
Sent: Sunday, May 16, 2010 3:04 PM
To: Mills, Cheryl I)
Subject: Introductions
Hello Cheryl,
Hal Kvlsle, President and CEO of TransCanada Corporation, is scheduled to meet with David Goldwyn and
Matthew McManUs on Monday, May 17 at the State Department on the topic of TransCaflada’s Keystone
XXI. pipeline. Mr. KvisIe has asked me to see if he mJg~t be bri~fjy iritr~iyged to you. We are scheduled
UNITED STATES DEPARTMENT OF STATE UN CLAS sIFIbU
REVIEW AUTHORITY: JAMES F COOPER
DATE/CASE ID: 09 AUG 2011 201101495.
UNCLASSIFIED
to be at the State Department at 11:00 a.m. on Monday, May 17. Mr. Kvisle could be available for a quick
stop by to see you at 9:30 a.m. or at 12:30 p.m. Mr. Kvisle isn’t looking for anything from you other than
the chance to meet you.
Please let me know your thoughts at your earliest convenience and I appreciate your time and
consideration of this request.
Paul Elliott
Government Relations
TransCanada Corporation
Telephone: (646) 823-7026
Cell: (917) 828-3983
This electronic message and any attached documents are intended only for the named addressee(s). This
communication from TransCanada may contain information that is privileged, confidentialor. otherwise
protected from disclosure and it must not be disclosed, copied, forwarded or distributed without authorization. If
you have received this message in error, please notify the sender immediately and delete the original message.
Thank you. .
This electronic message and any attached documents are intended only for the named addres~ee(s). This
communication from Transcanada may contain information that is privileged, confidential or otherwise
protected from disclosure and it must not be disclosed, copied, forwarded or distributed without authorization. If
you have received this message in error, please notify the sender immediately and delete..the~odginilrneSsa~e..
Thank you,
UNCkASSIFIED
~a$
UNCLASSIFIED RELEASED IN FULL
Toiv,NoraF
From: Paul Elliott (paui_elliott@trariScaflada.COml
Sent; Thursday, May 20. 2010 4:46 PM
To: Goidwyn, David L
Cc; McManus, Matthew.T; iDuggan, J. Brian; Orlando, Elizabeth A; Toiv, Nora F
Subject: Governor Brian Schweitzer Goes on the Record in Support of Keystone KXL
Attachments: Schweitzer to Clinton re Keystone May 201 0.pdf; Governor Schweitzer letter re Keystone XL
May 2010.pdf
David,
It was good to see you this past Tuesday. We appreciate the chance to tatk to you about the prbgresS of
Keystone KXL.
Please find below the text of one of two letters Montana Governor Brian Schweitzer has written to the
State Department In support of Keystone KXL, Please find attached the PDF version of both letter. The
second letter goes into great detail to address the economic benefits, energy security and domestic oil
production benefits generated as a result of Keystone KXL.
May 10, 2010
The Honorable 1-lillary Clinton
Secretary of State
U.S. Department of State
2201 C Street N.W.
Washington, DC 20520
Dear Secretary Clinton;
Recently a number of advocacy groups sent your office a letter asking you to suspend the permitting &
the Keystone XL (KXL) pipeline. I do not believe a suspension is warranted in this case. I wholeheartedly
support and stand behind the rigorous permitting process already in place that is being administered
jointly by the State Department and the Montana Department of Environmental Quality.
KXL has the potential to be an economic boon For Montana’s economy by increasing jobs and tax revenues
and opening up potential new markets for oil from our Bakken and Wllhston formations.
The pipeline could also potentially enhance U.S. energy security by helping displace oil from unfriendly or
unstable nations overseas. However the project will only have my support to proceed If it Is done in an
environmentally safe and responsible way. I trust in the permitting processes already in place and I
believe they are thoroughly sufficient to gauge whether or not the project will meet environmental
standards.
Therefore, I urge you to let the permitting process proceed as designed and reject-the recant-requestt~.
suspend It.
Sincerely,
BRIAN SCHWEITZER
Paul Elliott
Government Relations
TransCanada Corporation
Telephone: (546) 823-7026
CetI: (917) 828-3983
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY JAMES P COOPER
DATE/CASEID:O9AUG2O1I 201101495
UNCLASSIFIED
This electronic message and any attached documents are intended only for the named addressee(s). This
communication from TransCanada may contain infonnation that is privileged, confidential or otherwise
protected from disclosure and it must not be disclosed, copied, forwarded or distributed without authorization. If
you have received this message in error, please noti& the sender immediately and delete the original message.
Thank you.
UNCLASSIFIED
Wa zzznnr’~’~iw~e- z ~
UNCLASSIFIED RELEASED IN FULL
Toiv, Nora F
From: ToW, Nora F
Sent: Monday, June 14,2010 5:45 PM
To: S_SpecialAsslstants
Subject: FW: Organized Labor Supports Keystone I4XL Pipeline
Attachments: UA June11 2010 Letter to WI-I Supporting KXL.pdf
For tasking. Thanks.
From: Paul Elliott [mailto:paul_elliott@transcaflada.COm)
Sent: Monday, June 14, 2010 4:36 PM
To: Paul Elliott
-Subject: Organized Labor Supports Keystone IOU. Pipeline
Attached and below is the text of a letter in support of Keystone KXL transmitted Friday, June 11, from
William Hite the General President of United Association of Journeymen and Apprentices of the Plumb.Ing
and Pipefitting Industry of the United States and Canada1 AFL-CIO to the White House, the State
Department and the Department of Energy,
The union represents the largest number of workers on the Keystone Pipeline and more than 300000
members across North America in the plumbing and pipefitting industry- General President Hite’s
attathed letter includes a detailed briefing for the White House, tha.State Department and the Department
of Energy of the critical issues specific to the Keystone KXL permIt including greenhouse gas emissions,
the pipeline’s economic impact to states and localities and energy security.
June 11, 2010
The Honorable Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Re: Keystone KXL Pipeline Project
Dear President Obama:
On behalf of the 350,000 members of the United Association, I am writing to request your strong support
for the Keystone KXL Pipeline project being developed by Transcanada, Inc. As discussed below, there are
specific regulatory actions pending before your Administration which we r~quest expechtiGu& review and
approval.
Here’s why. Keystone KXL is a major $12 billion economic stirñulus and investment project that wilE
substantially expand U.S. underground pipeline infrastructure and capacity by constructing a safe and
reliable transmission facility for transporting crude oil from Canada through the U.S. Midwest and to our
Cult Coast refineries. This initiative not only fulfills sound U.S. energy pohcy goals, but wILL spur rabust.
employment opportunities for American workers in the construction industry, as well as related industries.
Your vision for a modern U.S. energy policy calls for greater energy independence, both for the sake of
deveroping self-reliant energy production and enhancing our nationar security. WdrIclng’with our Canadian
partners, this project helps promote these critically important goals and allows us to take a giant step
forward in building North American energy independence.
Of equal importance, the Keystone KXL project will serve as a major engine for future jOb growth and help
put Americans back to work. Mr. President, as you know, the alarming fact is that unemployment in the
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: JAMES I? COOPER UNCLASSIFIED
DATEFCASE ID: 09 AUG 2011 201101495
UNCLASSIFIED
U.S. construction industry is now over 20 percent. Our Industry has literally millions of people looking for
work and far too many losing their homes and facing other severe hardships.
Keystone KXL alone will create some 10,000 critically-n eeded fobs for building trades workers, It is also
estimated this project will generate over 340,000 additional U.S. jobs between 2011 and 2015 in other
affected industries, including manufacturing and service industries. Significantly, all of this job-creation
will occur without a single dollar of federal stimulus funds. Moreover, many state and local governments
stand to benefit since they will collect substantial tax revenues generated by this initiative (over $100
million in property tax alone, plus sales, fuel and other taxes). Local communities will benefit as well from
new business and employment opportunities that emerge as this nearly 2,000-mile pipeline unfolds across
the country. Keystone KXL is also a well-planned project. TransCanada currently manages more than
35,000 miles of oil and natural gas pipeline in the U.S. and it has done an exemplary job of planning and
organizing this project. Long-term transportatldn contracts are already In place, as are numerous supply
contracts with U.S. equipment manufacturers. A great deal of the regulatory-work has already beerr
completed as key approvals have been issued from the Canadian governmeht; other approvals have been
secured or are expected shortly from state governments (n South Dakota and Montana. Additional points
regarding the status and positive impact of the Keystone Project are set Forth in the attached briefing
document.
Atthis stage, there are two major regulatory actions needed From the federal government to move
Keystone KXL forward and that are crucial to its success:
(a) A Presidential Permit from the State Department which requires completion of an
Environmental Impact Statement and a finding that the project serves the national interest and;
(b) TransCanada has petitioned the Pipeline Hazardous Materials Safety Administration (PHMSA) ta use art
updated design standard for the Keystone XL pipeline, similar to that currently in use for gas pipelines.
The updated standard reflects significant advances in the manufacturing, metallurgy, tesUng and
assessment of pipelines, resulting in higher quality steel, and pipe and pipeline systems. These advances
have significantly reduced the risk of failure in pipelines.
The sooner these action~ are completed, the more the project’s success will be guaranteed. Conversely,
the more they are delayed, the more the project will be put at risk.
We understand that substantial progress has been made with respect to each of these actions already and
respectfully request the continued support and assistance of your administration to finalize these matters
and, if at all possible, expedite them for the reasons set forth above. In sum, please know that the United
AssociaUon stands firmly behind TransCanada and the Keystone KXL project. We believe this project
exemplifies the commitments we share with your Administration of promoting energy independence,
putting people back to work, and helping our country get on the road to economic recovery.
Thank you again for your strong commitment to the United Association and your continuing efforts on
behalf of all working men and women across America.
Sincerely,
William P. Hite
General President
cc: The Honorable IliHary Rodham Clinton, Secretary of State
The Honorable Carol Browner., Director, White House Energy and Climate Change
The Honorable Dr. Steven Chu, U.S. Secretary of Energy
Rick Terven, Sr., Director, UA Pohtical and Legislative Affairs
UNCLASSIFIED
UNCLASSIFIED
Paul Elliott
Government Relations
TransCanada Corporation
Telephone: (646) 823-7026
Cell: (917) 828-3983
This electronic message and any attached documents are intended only for the named addressee(s). This
communication from TransCanada may contain information that is privileged, confidential or otherwise
protected from disclosure and it must not be disclosed, copied, forwarded or distributed without authorization. If
you have received this message in error, please notilS’ the sender immediately and delete the original message~
Thank you.
UNCLASSIFIED
—--—
Clerk of the House of Representatives Secretary of the Senate
Legislative Resource Center Office of Public Records
B-106 Cannon Building 232 Hart Building
Washington, DC 20515 Washington, DC 20510
liItp://Iobbvincdisclost,re.house.,~ov htlp://~v~v~v.senate.eov/lobbv
LOBBYING REGISTRATION
Lobbying Disclosure Act of 1995 (Section 4)
Check One: New Registrant 1i New Client for Existing Registrant j~ Amendment
1. Effective Date of Registration 11/05/2010
2. House Identification Senate Identification 400684035
REGISTRANT ~ Organization/Lobbying Firm Self Employed Individual
3. Registrant TransCanada Pipelines, Ltd
Address 450 1sf Street SW Address2
City Calgary State AR Zip T2P5H1- Country CAN
4. Principal place of business (if different than line 3)
City State Zip Country
5. Contact name and telephone number International Number
Contact Charles R. Nuckolls Telephone (202) 496-7176 E-mail rnuckolls@mckennalong.com
6. General description of registrant’s business or activities
Energy Company, natural gas transmission and power services
CLIENT A Lobbying Fir??, is required to file a separate registration for each client. Organizations employing in-house lobbyists should check the box
labeled “Self” ant/proceed to line 10. ~ Self
7. Client name TransCanada Pipelines, Ltd
Address
City State Zip - Country
8. Principal place of business (if different than line 7)
City State Zip - Country
9. General description of client’s business or activities
LOBBYISTS
10. Name of each individual who has acted or is expected to act as a lobbyist for the client identified on line 7. If any person listed in
this section has served as a “covered executive branch official” or “covered legislative branch official” within twenty years of first
acting as a lobbyist for the client, stale the executive and/or legislative position(s) in which lhe person served.
Name Covered Official Position (if applicable)
First ILaat Hsufnx
Paul Elliott
v6.O.Od Pagel of 2
Registrant TransCanada Pipelines, Ltd Client Name TransCanada Pipelines, Ltd
LOBBYING ISSUES
11. General lobbying issue areas (Select all applicable codes).
ENG _____ _____ _____ _____
12. Specific lobbying issues (current and anticipated)
Natural Gas issues in the United States and between the U.S and Canada; energy reform legislation impacting natural gas transmssion; climate change
legislation including Waxman-Markey and Boxer-Kerry bills;
AFFILIATED ORGANIZATIONS
13. Is there an entity other than the client that contributes more than $5,000 to the lobbying activities of the registrant in
a quarterly period and either actively participates in and/or in whole or in major part plans, supervises or controls the registrant’s
lobbying activities?
~j No --> Go to line 14 Yes --> Complete the rest of this section for each entity matching the
criteria above, then proceed to line 14.
Internet Address:
Name Address Principal Place of Business
Street
City SlatelProvince Zip Code Countey
City
State Country
City
State Country
City
State Country
FOREIGN ENTITIES
14. Is there any foreign entity
a) holds at least 20% equitable ownership in the client or any organization identified on line 13: or
b) directly or indirectly, in whole or in major part, plans, supervises, controls, directs, finances or subsidizes activities of
the client or any organization identified on line 13; or
c) is an affiliate of the client or any organization identified on line 13 and has a direct interest in the outcome of the
lobbying activity?
~j No --> Sign and date the registration. ~ Yes --> Complete the rest of this section for each entity matching
the criteria above, then sign the registration.
Address
Principal place of business Amount of contribution Ownership
Name Street
(city and state or country) for lobbying activities
City Slate/Province Counity
City
%
State Country
City
State Country
%
Signature Filed Electronically Date 12/1 6/2010
Printed Name and Title Charles R. Nuckolls, Washington counsel
v6.O.Od Page 2 of 2
United States Department of’ State
Washington, D.C. 20520
AUG 252011
Case No. 201101495
Segments: 5001 and 5002
Mr. Alex Moore
Friends of the Earth
1100 15th Street, NW
1 1th Floor
Washington, DC 20005
Dear Mr. Moore:
In response to your request dated December 13, 2010 under the Freedom of
Information Act (Title 5 USC Section 552), we have initiated searches of the
-following Department of State record systems: the Bureau of Western
Hemisphere Affairs, the Bureau of Oceans and International Environmental
Scientific Affairs, the Bureau of Economic, Energy, and Business Affafrs, the
Office of the Legal Adviser, the Office of the Secretary, the Office of the
Deputy Secretary, the Office of the Counselor, the Office of the Executive
Secretariat, the Office of the Under Secretary for Energy and Agricultural
Affairs, the U.S. Embassy in Ottawa, and the U.S. Consulate in Alberta.
The search of the files of the Office of the Secretary has been completed and
has resulted in the retrieval of 34 documents that are responsive to your
request. After reviewing these documents, we have determined that all 34 may
be released in fUll. Please find them enclosed.
The searches of the remaining office files are underway, and we will keep you
informed as youir case progresses.
-2
If you have any questions, you may contact the Trial Attorney Patrick
Nemeroff at 202- 305-8727.
Sincerely,
C/ Alex Galovich
Co-Director, Acting
Office of Information Programs and Services
Enclosures:
As stated.
