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

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OWENS: Yeah, it has to be for the alleviation or attenuation, I think that was the terms, for a claim for geothermal. Yeah, there, the submittals that were handled earlier, the request for claims, had specific problems that came in, and this is what we're gonna work on. This is how we're going to mitigate it or fix it or monitor it, and that's not provided in the Edelstein report on Puna Pono— HENKEL: —and these problems are bureaucratic in nature? The T's aren't crossed or the I's aren't dotted? OWENS: It doesn't say what they are. It says there may be or there is a probable, but it doesn't say what. It doesn't say what the injury is. So, they're going out to interview people and ask them do you have any problems. So there has to be something. There are people that are saying, yeah, I have a problem but it's not being stated what it is in the report. MOSES: So, Mr. Owens, as long as it's stated in the report exactly what the claims are of people who are being affected, impacted, right? That would suffice? Is that what you're saying? OWENS: Yeah, if somebody is saying that the geothermal, like we've had people that were having trouble with the breathing, MOSES: Breathing OWENS: smelling it. MOSES: As long as they, as long as they state that. OWENS: Yeah, if there's something in there where they say oh, I have this psychological problem, and I need to see a psychologist or a psychiatrist or whatever it is and then where they have the Pele practitioners, if they state, what is the problem physical problem for a Pele practitioner that results from this. It comes down to where because it's being called claims and claimant where we have to have an existing injury or property damage. So, it can't be you hurt my feelings. If you call me an idiot, okay, but that's not a claim. I can't claim anything against you because you called me an idiot or you called me ugly. That's not a claimable issue. If you punch me in the face because you say you're too ugly, then I have a claim `cause you damaged my face, broke the bones or split my lip or something. So, it can be thatso, that's what we would need to be able to see for a claim. MOSES: I feel at this point we want—somebody wants to punch us in the face because this hasn't been done yet. OWENS: Yeah, it may, but if they just go where the no basis for recommendation of a claim under Rule 12, and just match what the rules require—if you want to drive a car, you have to have a driver's license. To get a driver's license, you have to take a driver's test. To be able to take the driver's test, you have to take an eye test and a written test, and you have to show you know how for drive one car. 5 EXHIBIT D