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MICIIAEL J. MATSUI~AWA Attorney at Law Territorial Center, Ro` d 1 75-5751 Kuakini Highway Kailua-Kona, Hawaii 96749 Telephone 329-1385`-'~ - July 1, 2002 Mr. Christopher Yuen (VIP, FAX: 96I-8742 4 pgs./ORIGINAL BY MAIL) Planning Director County of Hawaii 25 Aupuni Street Hilo, Hawaii Re: General Plan Ordinance (Proposed) Site G-6, HELCO Generator Station Dear Mr. Yuen: At the Kailua-Kona meeting, Mr. Hayashi said that the HELCO station was being designated Urban Expansion because of a ruling that the Planning Director made in 1994. However, even if so, in Civil 97-017K, the circuit court ruled that the area was Extensive Agriculture in 1999. This is the "law of the case" and HELCO did not object. Now we are being told that the county council intends to make this area Urban Expansion to accommodate HELCO's alternate, back-up plan to rezone its land for its proposal to expand the station. The back-up plan became a reality when the BLNF: ordered HELCO to remove its site from the Conservation district on March 25, 2002. Meanwhile, we have not heard from the state supreme court on the question of whether HELCO has a valid entitlement under the Board's 3-2 vote in 1996 to deny HELCO's CDUA. It appears That the forces at work, including the supreme court's long delay, is forcing HELCO to pursue a rezoning action (as Keith Ahue, 13LNR chair had recommended back in 1993. Thus, my clients feel that this issue has not had the public attention as did the Kohanaiki open designation proposal. I fear that this matter, G-6, is going to slip into the general plan without public notice and debate. It sets the stage for HELCO to rezone its land to industrial if it succeeds at the LUC. I do not know if you, with your background on this matter, truly endorse this idea when valid alternatives exist to the expanded proposal. I trust that you