2018-04-05 Hearing Transcript - Hu Honua Bioenergy SMA 221 (Partial Remand)

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Hu Honua Bioenergy, LLC is being built to produce firm, renewable baseload energy designed to replace HELCO's oil fire plants in an effort to meet the State's requirement to be a 100 percent renewable by the year 2045. The project is currently undergoing construction with efforts to become operational by the end of this year, 2018. We've already spent over a 120 million dollars to date following the Windward Planning Commission's approval of SMA Permit 221 back in 2011. We are here before you today, as you mentioned, to address the remand from the Intermediate Court of Appeals. After various and numerous proceedings, that are described in my February 27, 2018, letter to the Commission, on January 22, 2018, the Intermediate Court of Appeals issued a memorandum opinion regarding SMA Permit 221 remanding the case to the Windward Planning Commission, as you described Chair Clarkson, that to address the impacts on the public shoreline with regard to the repairing or replacing of Outfall 001. In the opinion, the ICA also affirmed the Third Circuit Court's March 10th, 2014 Final Judgment in favor of the Windward Planning Commission and Hu Honua except with respect to the application of the Public Trust Doctrine to the shoreline. Specifically, the case is remanded to the Planning Commission to address the impacts on the public shoreline with, again, with in regard to repairing or replacing Outfall 001. So, this is a single issue on remand as stated. With respect and wish to comply with the ICA's opinion, we are here to confirm that Hu Honua will not be repairing or replacing Outfall 001. Instead, Hu Honua will be using underground injection control wells in order to discharge water from plant operations and supply well testing. Also, we will be using on-site disposal i.e. drywells for development generated storm water runoff These alternatives are discussed in more detail in our February 27th letter and Attachment A. We believe there will be no impact to the public shoreline. With respect to the permits and other potential impacts regarding the UIC wells and on-site disposal, we believe SMA Permit 221, Condition No. 4 as well as other provisions already addresses this by requiring that the operation of the biomass facility shall comply with all applicable County, State, and Federal requirements related to water quality and discharge. Of course, we will continue to work with other agencies, such as the Department of Health, to ensure that we are complying with all laws relating to water quality and discharge. I would also like to note that Condition 6 already provides that, "All developmental [sic] All development generated runoff shall be disposed of on-site." In addition, the Planning Department in this letter dated December 27, 2017, confirmed that the UIC wells are covered under SMA Permit 221 as an alternative to using Outfall 001. Per the ICA opinion, we respectfully ask the Windward Planning Commission "address the impacts on the public shoreline" by issuing a second supplemental decision and order in the form of Attachment B to our February 27th letter. EXHIBIT C 10