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just like you said, somebody has a whole thing built, and now you're going to have them go back
<br />to "A" and do their traffic study again and do there, you know, it's kind of tough.
<br />CLARKSON: I think when an applicant comes to us and asks for an application for a Use
<br />Permit or Special Permit, and we say to them we're going to recommend this permit be
<br />approved, and by the way, 10-12-15 years from now, you have to show this document to the
<br />Planning Director or your permit will be void, and everything you've done up to then is
<br />REPLOGLE: Lost.
<br />CLARKSON: —lost, it's pretty clear, and they say yeah I agree with that, that's fine with me.
<br />DELA CRUZ: Okay
<br />HALL: Okay, but let's just say there's a lava event or there's multiple hurricanes or, you know
<br />what I mean? There's things that can stop—I guess that you can put in the active, like the force
<br />of nature stuff and whatever, but still there's things that happen that are unforeseen. So, sorry—
<br />DELA CRUZ: Okay, what about like the project with Keahole Power Plant? They came to get
<br />their permit, everything, then they ended up going to a contested case hearing. So, with that
<br />contested case hearing, would you make them go back and redo all of their studies?
<br />DARROW: There's, if I could speak to that. There's a tolling allowance in the Code so if they
<br />are going through a challenge or contested case, a legal challenge, that kind of stops the clock,
<br />and so that time isn't taken away from them. So, after the court case or the contested case
<br />finishes, their time starts again. So, that's happened a number of times with projects, so there is
<br />that allowance in the Code, and it's been utilized a number of times.
<br />REPLOGLE: I don't want to, it's not my intent to make more work or take something away
<br />from the Director, but would it make them feel more inclined to stay in communication with
<br />their annual reports if they knew they had to come back here and plead to the Commission for an
<br />extension versus just asking. I don't know.
<br />DARROW: Yeah, I mean, the annual progress reports in our view are more helping provide us
<br />with updated information regarding the project. And, again, to be honest with you, I would say
<br />over 50 percent of the projects, annual progress [reports] that we've seen say nothing has
<br />happened for the last year, you know, and it's like, well, you know already where this project is
<br />going.
<br />But, if I could speak a little bit more to Joe's suggestion. It might be to be able to resolve this, I
<br />think Malia and your suggestion combined would work, and that is that they do come in. If they
<br />are doing the project, they are almost done, they just need a little bit more time, they submit their
<br />time extension prior to a particular time which is either 90 days prior to the deadline or the
<br />deadline, and you guys look it and you say, yeah, look, they've made significant progress. They
<br />had some issues. They have a little bit more time. We can do it. Now, that's—
<br />EXHIBIT D
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