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<br /> ^Pebntray x997 ~ Environmmt HawaPi ~ Page n
<br /> and, therefore, erroneously stated that is had
<br /> ISLAND WATCH denied HELCO's eDUA."
<br /> (For additional background on this dis-
<br /> Power Plant Gets Court Approval pnte, readers may wish to review the cover
<br /> T ~ ~ attide in the June t994 issue ofErivironmenc
<br /> TO Bwld on Ke`ahole Conservation Land Hawaiiandtheatticle"LaridEoazd,HELCO
<br /> Are at Odds over Vote on Ke`ahole Expan-
<br /> sion," EnvimnmentHawaiS, June t996.)
<br /> The Hawaii Electric Light Co. (HELCO)> written arguments.
<br /> the elecuic power utility for the Big Island, Opponents of the Ke`ahole expansion $ ~ $
<br /> has won a judge's approval to move forwazd believe this hurt their case, noting chat Judge
<br /> with wnsrruaion ofan addition to its power Ibarra had specifically requested Young Agribuslriess CorpOratton
<br /> plancatKe`ahole,SourhKona.ThirdCircuit appeaz. In his Wiling, Ibarra cakes formal Holds Unnoticed Meetings
<br /> Judge RonaldIbarraissuedanorderonJanu- nouceofYoung'sabsence.
<br /> ary3,t997,dtatovetturrtedaneazliervoteof Hereisabriefsumtnaryoflbarra'sreason- ThesrateAgribusinessDevelopmentCorpo-
<br /> the Boazd of Land and Natural Resources ing: ration inexplicably stopped mailing out no-
<br /> that, according to Chairman Michael Wil- The state law gives the Land Boazd r8o cites of its meetings co interested parties in
<br /> son,effecavelydeniedHELCO'srequescfora daysxodecideonaConservationDistriaUse Julyt99G.FromJulyuntilJanuary,itmetsix
<br /> Conservation District Use Permit for the Application, but with provisions for time rimes. At no time were the parries whose
<br /> expansion. extensions. In this case, the last time exren- names were dropped from the mailing list
<br /> As Environment Hawaii repotted in its lion expired on Aprfl z6, r996. Ac an execu- notified of chic.
<br /> June r99G edition, the Land Boazd voted tivesessionheldsometimeinApril,theland EnvironmenrFFatvaiSisonesuchparry.In
<br /> three-co-nvo against HELCO at the end of a Boazd cook a voce on the applicadon. With the past, we had attempted to cover all meet-
<br /> contesced case hearing that itself resulted boazd member Colbert Macsumoro havittgtr ings of the ADC. In June r996, the ADC's
<br /> from an earlier decision by Judge Ibarra. recused himself, five members were left to execucivedireccorresigned.Whenwedidnoc
<br /> HELCO went to coutt, arguing chat in order decide the matter. receive notice ofineetings for several months,
<br /> for rite boazd's voce ro be binding, it would On a motion of board member Christo- we assumed that the agency was in some
<br /> need to be made by a four-voce majority, pher Yuen ro deny the application, the vote disarray and was not meeting.
<br /> rather than the three-voce majority the boazd was three in favor and two opposed. (Casting In fact, the.agency conducted business as
<br /> managed co pull together. In his January 3 the dissenting votes were Michael Nekoba, usual. An interim executive director was ap-
<br /> decision and order, Ibarra essentially sided Oahu board member, and Herbert Apaka, pointed-PaulaHelfiich,whoalso serves as
<br /> with HELCO. of Kaua`iJ executive d'uettor ofthe Hawaii Island Eco-
<br /> Theonlyremainingmajorpermitrequired The boazd reported its vote in Minute nomic Development Boazd and as the chief
<br /> for the plant expansion now is from the state OrderNo. u, stating chatrhe applirationhad staff person for the Rural Economic Transi-
<br /> Depatrmenc of Health. A heazing on that been denied and further stanng that rite donAssisrance-Havvai`i,theDeparcmenc-of-
<br /> permitwas scheduled for January z9. BLNR "does not intend to deliberate further, Defense funded grant program for Hawaii
<br /> The planned expansion will add 58 mega- orvoce again, on this matter. The BLNRdoes agribusiness.
<br /> watts of capaury co the Ke`ahole facility, at a nor intend co extend the present April z6, Ac the January meetin which Environ-
<br /> cosc ofmore than sroo million. r99G deadline to take further action in this menr Hawai i did atten~ADC Chairman
<br /> matter." LindySutherlandwas informedofthefailure
<br /> A No-show HELCO challenged this, stating that at to comply with the meeting notification re-
<br /> One ofthe more puzzling aspects to the case least four members were needed to make the ,See "island Watch'; page 12
<br /> is the Eaa chat the Land Boazd's lawyer, beard's vote binding. The BLNR issued a
<br /> depuryAtcotneyGeneralRandallYoung,did darifyingstarememonMaytointheformoE
<br /> not appeaz in court to argue the state's case. an amended Minute Order No. tr, this time Su bse~^i be
<br /> Young told EnvironmenrHatvai`ithathefeh stating that rather than denying HELCO's
<br /> the scare had made its case adequately in request for a permit, in the absence of afour-
<br /> vote majority, it mould not issue a permit. Environment Hawaii is supported by rubscrrp-
<br /> Ibazradeterminedthat,"TheBLNR, once trans IfyoubelieveitfzlCsaneed,ifyouwantto
<br /> S"J° J the April z6, t996, deadline passed, had no see it rurvive, please enter your rubscriptron
<br /> `rJ° jurisdiction to as upon HELCO's CDUA" today. Backrssuesareavar/able. Plearewrrrefor
<br /> fromliagero rn rmatran.
<br /> The original Minute Order a thus would fo
<br /> 30,000 cads, in the process used ac Isomedix stand asaconclusion oflaw"freely reviewable Name
<br /> in Chicago) isone million times the dose chat by this court " Address
<br /> a person would rypicallyreceive in achest X- In his review of that anion, Ibarra found, City, State _ Zip
<br /> ray. "The BLNR erred in staring in the original
<br /> For purposes of comparison, the LD So Minure Order No. [t that HELCO's CDUA Subscrrprrons cosc sag (regular rare): s6g
<br /> doseforhumans-that is, thedosesufiicient was denied. Four votes of the BLNR aze (corporate, insnturronal, orsuppomr+g
<br /> rokillhalfofanexposedpopulation-is6oo required co approveordisapprovetheCDUA subsmiprion).
<br /> radi. In other words, the radiation chat just as required by Section r7r-5, [Hawai`i Revised Ser+d check wrrh form rv:
<br /> one papaya must receive is many times that Statutes]. Accordingly, the BLNR failed to Environment Hawai'i..oo IG+rmdchua '
<br /> which can kill a person. cake any action, be a denial or approval Avenue, Sucre to3-3>t. Hilo. HI ab-:o
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