2012-10-04 Windward Transcript PD yagong & blas

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initial contribution to this fund in the amount of $250,000. All claims and community approved geothermal impact mitigation projects must be reviewed and approved by the Planning Commission. In July of, 11, 1995, the Commission adopted its Rule No. 14 regarding the Geothermal Asset Fund. And the purpose of the Rule is to allow the Planning Commission to authorize payment from the Fund to claimant(s) whom the Commission finds has been adversely impacted by activities authorized or unauthorized by GRP No. 2. Rule No. 14 also authorizes payment for community approved geothermal impact mitigation projects within the Puna District. Claims for compensation from the Geothermal Asset Fund may be filed by any person or organization, and may include temporary relocation, medical expenses, business or economic loss and payment for adverse impacts. In July 18, 1995, theDirector approved a 5 megawatt increase in production of power at the generation, at the PGV power plant for a total 30 megawatts of power. On January 19, 2001, the Commission approved an amendment to GRP No. 2 to allow PGV to develop and operate a 60 megawatt geothermal power plant consisting of multiple power generation facilities and support equipment. Again, similar to, the amendment also contains a total of 49 conditions of approval. In April of 2010, with the establishment of the separate Windward and Leeward Planning Commissions in 2009, the, your Rules of Practice and Procedures was amended in April of 2010. Specific to the rule regarding the Geothermal Asset Fund, the amendments allowed the Windward Planning Commission only to authorize payments from the Fund for eligible claimant(s) and for community mitigation projects within the Puna District. With the adoption of your comprehensive rules the rule was renumbered from Commission Rule No. 14 to Rule No. 12 regarding the Geothermal Asset Fund. And as of this month, the Asset Fund currently maintains a balance of just over $2 million. As the Chairman mentioned, you have two letters before you. One letter from Council Chairman DominicYagong and the other from Councilman Fred Blas. As the Chairman also indicated to you, we delivered to the Commission a letter dated October 3, 2012 that provided a slightly more detailed chronology that I just recently presented, as well as a brief discussion regarding the two letters from the Councilmen. Regarding Councilman Yagong’s letter, it requests guidance on how to utilize the Fund to fund a study that was proposed through the Puna Pono Alliance. We do have some concerns and questions as to whether or not such a specific proposal would warrant compliance with the Hawai‘i Public Procurement Code in order to expend funds of that magnitude without following standard procurement procedures. The letter from Councilmember Blas was based on, he indicated that was based on petitions being circulated in the community by a citizens group from Leilani Estates Subdivision expressing the need for such a, for such a study. It didn’t offer a specific proposal but it indicated a need for such a study. The Councilman Blas letter also included a draft resolution that he intends to introduce at the Council, which if adopted would direct the Planning Commission to identify a, an entity to conduct such a health study in accordance with the State’s Procurement Laws. If adopted, the Resolution would be an 3 EXHIBIT C