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WPC PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER
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2021-11-04 Windward
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Item #3 Connections/CBESS (SPP-12-000138)
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WPC PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER
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as Connections legal representation. The Commission granted Connections' request for a <br /> continuance. <br /> 6. On January 10, 2013, the Commission moved to deny SPP 12-00138. <br /> However,no vote was held because members of the Commission were absent. The Commission <br /> also instructed the Hawaii County Planning Department("Planning Department") and Deputy <br /> Corporation Counsel of the Commission to draft consideration of findings of fact, conclusions of <br /> law for denial of SPP 12-000138 for consideration at the Commission's March 7, 2013, meeting. <br /> 7. On February 15, 2013,the Planning Department mailed out a notice of <br /> public hearing to the surrounding property owners,which included notice of the right to file for <br /> intervention in contested case and a petition for standing to intervene in a contested case. Thus, <br /> the Planning Department suspended drafting proposed findings of fact, and conclusions of law. <br /> 8. On March 7, 2013, due to concerns raised about contested case procedures <br /> the Commission withdrew its motion to deny SPP 12-000138 and granted a request by <br /> Connections for a contested case hearing. The Commission also granted standing to Intervenor <br /> Jeffrey Gomes and voted to retain a hearing officer to conduct the contested case hearing. <br /> 9. Retired Judge Sandra Petcher Song was retained as the contested case <br /> hearing officer("Hearing Officer"). The contested case hearing was held over five days on <br /> October 21, 2013, October 22, 2013, November 12, 2013, January 8, 2014, and January 22, <br /> 2014. <br /> 10. On April 7, 2014, the Hearing Officer submitted a hearings officer report <br /> to the Commission and the Parties. The report concluded that SPP 12-000138 should denied. <br /> The Applicants submitted joint exceptions to the Hearing Officer's report, Finding of Fact, <br /> 2 <br />
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