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dBA at all times; upon cross-examination regarding sound mitigation, then -president of Hu <br />Honua, Richard McQuain, testified that Hu Honua would come up with mitigation measures that <br />are necessary so that Hu Honua can operate at no more than 55 dBA at the property boundary. <br />Additionally, four of the five contested case hearing excerpts listed in the Planning Department's <br />background report, support our proposition that the 55 dBA limit relates to plant operations. The <br />last excerpt is neutral on the issue. <br />As a practical matter, it'll be very nearly impossible for Hu Honua, or anyone else, to construct <br />an industrial power plant of this size and magnitude on an Industrial zoned property, requiring <br />the use of heavy construction equipment without going above the 55 dBA. <br />Hu Honua agreed to implement mitigation measures so that it could operate the plant at no more <br />than 55 dBA, such as acoustic paneling in the buildings, landscaping noise buffers, and other <br />sound reduction methods. It did not voluntarily agree to mitigate noise levels down to 55 dBA <br />during construction, as this would have been a very near impossibility. <br />Sound levels and noise related to construction activity are already regulated by the Department <br />of Health, and Hu Honua is committed to complying with DOH regulations during construction. <br />Therefore, Hu Honua respectfully requests that the Windward Planning Commission clarify the <br />applicability of Condition No. 5 and confirm that such condition does not apply during pre- <br />operation construction activity. <br />On our second request on the petition, the 55 dBA limitation for normal plant operations only, <br />when Hu Honua voluntarily agreed to a permit condition that limits noise at the site property <br />boundary to 55 dBA at all times during plant operations, it intended this to mean during normal <br />operations. The plant is designed to operate 24 hours a day, seven days a week, but as with most <br />energy plants, there are certain emergency or non -normal situations that may require limited <br />durations of above normal noise. Such non -normal noise situations will account for less, <br />significantly less than one percent of the total duration of plant operations. <br />For example, and I'll just list a few based on, you know, my experience, should the Hawaii <br />Electric Light Company experience a grid problem, they may necessit may necessitate Hu <br />Honua cutting off electricity load rapidly or shutting down the plant. Now, this is a plant that <br />operates at high pressure, the boiler, it creates steam to turn a turbine. So, anytime you have an <br />emergency situation, the steam turbine or the boiler has to protect itself, and there are safety <br />measures. So, this possibly could lead, this will lead to an exceedance of the 55 dBA. HELLO, <br />Hawaii Electric Light Company, who controls the grid, needing to open Hu Honua's breaker, <br />electrical breaker, power breaker, which will trip the turbine and require a restart. Unexpected <br />turbine trips could also happen above, which would result in perhaps above -normal noise <br />resulting from lifting of safety valves on the boiler to protect the boiler. <br />Maintenance causing startup of the turbine and hogging jet. This unit, although it's designated to <br />run 24/7, 24 hours a day, seven days a week, needs maintenance. So at some time, there is a <br />normal maintenance period once a year, usually for one week or two weeks depending on the <br />cycle, that unit needs to be shut down, and then the unit needs to be restarted from cold after a <br />EXHIBIT D <br />5 <br />