2014-01-09 Windward Exh B - Items 5 & 6

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the community at all. And there was Commissioner Crook, who asked what happened to the community’s rules, and Fred Giannini – I’m paraphrasing it, of course – Fred, because he’s been there for 20 years or a long time, Fred Giannini says he would have to check into it, but, yeah, he was advising the County at the time as Corporate Counsel on that; so that seemed a little disingenuous answer that he had. After, anyway, the hearing was closed after the rules were adopted. And I never reviewed the rules. I never saw the rules before they were adopted, couldn’t comment on it. None of the community commented on it. The County did not have any experience with geothermal development before they did this, and so they relied on the developer to come up with a lot of the rules. A lot of the rules reflect what the developer wanted and not what the community wanted. Norman Hayashi was the director, Rodney Nakano was a wealth of knowledge, and they knew what was going on. The record of the Commission meeting will reflect a lot of what I’m saying. The County probably does not have their documentation anymore; I think they got rid of it. But we’ve retained our records. We can, you know, we can show what’s, how this thing got developed and how the community really got run over. Virginia Goldstein was involved at one time. I’m not sure the developer’s money should be funding these studies. There was never intended the Geothermal Asset Fund to be doing the job of what the government should be doing, okay? This is because the County and the State decided to put an industrial activity that has poisonous gases and heavy metals sited right next to a preexisting community with a 40-foot setback. That’s why it’s important to have the Geothermal Asset Fund, because the plant, when you have mediation and not a contested case, that means we are going to do it, and we are going to try to mediate the impacts, mitigate the impacts, we are not going to stop it. So that’s why the Geothermal Asset Fund was so important to move the people out when you put an industrial activity with a 40-foot setback. It’s never worked because it was never permitted properly. We never had, we never, the things we wanted was BACT, Best Agreeable Control Technology; we never got it. Goddard report, Goddard & Goddard report was not put into it that stated that we didn’t have to do open venting. And lastly, I just want to close with, my son was six weeks old at the time when the blowout happened. He was gassed in his crib a mile and a half away from the plant, and that was completely legal. And the only way we are going to get to the bottom of this, to do it right, is to get a contested case hearing where I bring my people under oath, threat of perjury, and you bring your people, and we do it that way like any other development in the state. We shouldn’t be put in the position of second-class citizens, second-class property owners. GONZALES: Okay. Thank you, sir. Can I get your name, too, for the record? PHILIPS: Steve Philips. I was the chairman of the Geothermal Asset Fund Rules Committee. Also I was at every mediation that we ever had. GONZALES: Thank you, Mr. Philips. Thank you. Sir? TRAVIS: I am Tom Travis. I live on Papaya Farms Road in Lower Puna. I was both a member of, although I was a member of the Adler’s group, I am not speaking for the group; I’m rather speaking just for myself. I’m speaking in support of hiring a claims adjuster to provide the funds that the Mayor is requesting. But this support is contingent upon the County taking swift action to initiate a comprehensive health study. A major thrust of the Geothermal Public Health Assessment report was that a comprehensive health study should be performed. And although several recommendations of this report are now being active in the Mayor’s proposal, the priority effort has not yet been acted upon. The John A. Burns School of Medicine proposal to do a meta-study before doing a comprehensive health study muddies the waters and, to the degree that the County allows it 10 EXHIBIT B