2016-07-21 Leeward Exh B (Amend SMA 05-007)

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UNGER: Yes. BRILHANTE: Just a point of order. Are we still on the primary topic item regarding her petition for standing? UNGER: Yes, we are. Right. So if you can be specific to, what the Commission has to decide today is your petition for standing, and so what we are looking at is specifically, you know, are your interest distinguishable from the general public, and will these proposed actions cause you actual or threatened injury? So if you could be specific to that, because that’s what we are, that’s what we are considering in this petition. MCMICHAEL: Okay, so, I am different from – who, the petitioner here or the? UNGER: How are your interests different than the public interest? I mean this process is set up for the public interest, this is the public’s opportunity to testify. What you are saying is your interests are distinguishable from the general public for specific reasons because bodily harm or very — MCMICHAEL: Yes, I’ll be bodily harmed from the — UNGER: — or very specifically why your interests are different than the general public. MCMICHAEL: Well, I will be harmed there. PATEL: Sorry, Mr. Chair, if I can, just to clarify. So we are focused right now on why the petition for standing should or should not be granted. So as I read your petition – should or should not, yeah – so as I read your petition, you are basing your petition on that you had an interest clearly distinguishable from that of the general public. But what Chair was alluding to is that even if you do not have an interest clearly distinguishable from that of the general public, can you show that the proposed action that is the extension of time, will cause you actual or threatened injury in fact? And that’s under Commission Rule 4-6(b). So if you can limit your testimony here to those issues. MCMICHAEL: Well, I have West Hawai‘i Surfing Association that is different from the general public, and it’s for surfing and to save the surf spot. This is a surf spot. And I’m registered with the State of Hawai‘i. So I’m different from the rest; I’ve been saving surf spots for, since the 1980’s. This is a major surf spot. So is Kahalu‘u. And I’ve paid the State to be in that position and no one else has. And I’m here for the future generation, to save the surf spots for the future generation of the keikies. That’s all I’ve been doing, from Kohanaiki, Banyan’s and now Kahalu‘u, and now Lyman’s. So I’m different from the public; I’m registered, no one else is. UNGER: Okay, thank you. So, Commissioners, any questions of applicant, petitioner, County? 8 EXHIBIT B