2016-05-05 Hearing Transcript - PD Initiated Puna Pono Alliance et al Presentation by Claims Adjuster

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IKEDA: And I was wondering if there was any way they can get together with you guys and make it more compatible OWENS: —and if the latest letter goes through, if they identify what the claim is—there has to be an existing claim, and the reading of the Edelstein report and of the submittal that came in from Puna Pono Alliance was not stating what a claim was and it actually it was reading that they're gonna look for a claim. And, as the definition shows, too, a claim has to exist already. We can't pay you to go out and look if somebody's hurt and what the injury is. So, if I'm gonna get hit by a car, I have to be hit by a car and have a broken leg. I can't see your car and just say I might get hit by that car and, therefore, give me money. So, they've gotta come in with that, and there has to be a claimant, somebody who receives the money. As the submittal exists now, there is no money to whom the Commission can write a check. There's nobody who is gonna be responsible for that. It's not—and it can't be Puna Pono itself. It has to be a person designated with Puna Pono who is going to be the claimant and is going to have the check written, is going to endorse it, whatever that's done through the Commission to go in, but it has to be a person who is accepting responsibility as the claimant to go through and for the designated claims. There is a request in the Culina submission that the Commission appoint basically a claimant, and there's nothing in the rules which allows the Commission to make up a claimant in order to whom to give the money to go through. So, it's—those are gonna have to be rectified, and then also just the basic submittal of the request. It has to follow the rules for filing. [Rule] 12-7, it's got to in the least be notarized, and it has to be the claimant who is signing for it. So, right now, as I said, there is no claimant. There is nobody who is accepting the responsibility to follow this through. So, those would have to be fixed and then it can always be reviewed, re -reviewed. IKEDA: You know, my thing was I wasn't sure if you gave a copy to the Puna Pono Alliance so they can review this thing also so, you know, they can look at it, maybe resubmit, but OWENS: My understanding is that they've received a copy. IKEDA: Oh, they did receive a copy? OWENS: Yeah, when this was sent in, it was being disseminated to the Commission and to the Puna Pono Alliance. IKEDA: No more questions. HEAUKULANL Thank you, Commissioner Ikeda. Any other questions? Commissioner Henkel? HENKEL: Yes, I'm confused. It, it seems to me like your company is saying that they would disallow a study of the adverse effects of geothermal because there hasn't been a study of the adverse effects of geothermal. 4 EXHIBIT D