Laserfiche WebLink
<br />This Commission has a duty to protect the health and safety of its citizens, and not just rely on the <br />Department of Health. And this Court, I’m sorry, this Commission should ask the Director, the <br />Planning Director of the Planning Department, to supplement its background report so it tells you <br />what’s going on with the EPA challenges to the Department of Health’s permit. And it should <br />also tell you how that Department of Health’s permit is going to be evaluated in light of new <br />regulations that are coming from the DPA, or enforcement of regulations that are coming from <br />the EPA. <br /> <br />This power plant had, in order to be a minor source permit it had to produce less than 250 tons of <br />carbon dioxide a year; and it produces more than that. And the Department of Health, they tweak <br />the numbers, allowed the Applicant to tweak the numbers. But the evidence is to the contrary. <br /> <br />Let me just conclude that although the, and let me put some words in Mr. Grimmer’s mouth, <br />although Mr. Grimmer and the Applicant may argue that you have a very narrow issue here, there <br />are other mechanisms to re-examine the project as a whole and the amendment that was granted, <br />including revocation, including the reconsideration. Thank you. <br /> <br />GONZALES: Any questions from Commissioners? Thank you, Mr. Strauss. <br /> <br />HEAUKULANI: Steven, can I ask a question, please? <br /> <br />STRAUSS: Sure. <br /> <br />HEAUKULANI: I don’t necessarily disagree with some of your positions. But isn’t what you’re <br />asking us to do already in somebody else’s court? If there’s a problem, this is going to be a <br />decision that Judge Nakamura is going to make. And if there’s a problem then someone else is <br />going to make the call on that. But what came back to us was fairly simple, that there are two <br />conditions that Judge Nakamura wanted clarified. So, again, I don’t necessarily disagree with <br />you. I’m just thinking that procedurally, given the procedural posture of where this case is right <br />now, I, you’re asking us to do some things that may be beyond the scope of our jurisdiction given <br />its procedural status. <br /> <br />STRAUSS: May I respond? <br /> <br />HEAUKULANI: Please. I’m looking to be educated. I want to know how, how that can <br />happen. <br /> <br />STRAUSS: I anticipated -. <br /> <br />NOMURA: Microphone. <br /> <br /> 7 EXHIBIT B <br /> <br /> <br /> <br />