HomeMy WebLinkAboutCOM 0825.043 2010-2012 PUNA GEOTHERMAL VENTURE
— COUNTY CLERK
ry: = COI? T'
2012 OCT 17 Al 9: 33
HAWAII
Chairman Dominic Yagong
Hawaii County Council
October 17,2012
Re: Second Reading; Bill 292, Draft 1
Dear Chairman Yagong and Council Members:
PGV looks forward to working with the Council in its attempts to reduce the annoyance
of noise at the PGV facility. At the request of the Council PGV has already undertaken
modifying its monitoring software to provide more detailed information to the public regarding
noise and emissions. PGV also supports requiring noise dampening equipment for all future
activities on-site.
Unfortunately, PGV has three principal concerns about bill 292, Draft 1, which require us
to request additional information or oppose this bill.
First concern: Stopping drilling at night will not eliminate the sound produced from
mandatory equipment that must run for the entirety of drilling. We are concerned that the delay
caused by this bill will infuriate the local community.
Second Concern: This bill has not fully explored drilling operation procedures and
protocols which are required by law and designed to assure the safety of the well, employees,
community and equipment for all drilling operations.
Final Concern: This bill has not thoroughly resolved issues raised by Corporation
Counsel regarding issues existing entitlements and jurisdictional issues. Corporation Counsel's
on record discussions have confirmed our concerns about the Council's attempt to interfere with
PGV's operations.
For example, the County's Planning Commission's decision on GRP2 established clear
and specific standards and approvals for drilling and normal operations for PGV during day and
evening hours. These standards were established as a result of detailed discussions and
information gathering, which included a review of applicable Department of Health(DOH)noise
standards,input from the community and the Planning Department(Christopher Yuen was
Planning Director),public testimony and several mediation sessions. As a result of these efforts,
GRP2 developed a workable set of conditions which considered community concerns, and
balanced them against the operational realities of providing firm renewable power to the public.
Post Office Box 30 • 14-3860 Kapoho-Pahoa Road
Pahoa, Hawai'i 96778 Comm. N•
Tel (808) 965-6233 • Fax(808) 965-7254 Ref.To: IsaltENt
PunaGeothermalVenture.com Ref. Date 241
an ORMAT company
Since then. PGV has remained in compliance with the applicable standards established
in the GRP as well as by DOH. It hired a noise consultant, consulted with the Planning
Department, and will continue to consider methods that will actually reduce noise.
PGV has received its final discretionary permit which provides development
entitlements. It is our belief that Bill 292 may not affect these entitlements. While PGV obtains
drilling permits for specific wells from DLNR, these permits are considered to be administrative
or ministerial permits which do not affect PGV's entitlements or "vested rights".
As a more common hypothetical, for example, if a developer were to obtain an SMA
permit to develop a shopping center and restaurant complex, it is the SMA which constitutes the
final discretionary permit, and subsequent plan approval and building permit approval are
considered to be ministerial permits. Were the Council to prohibit evening operations for such a
complex after it is developed and contractual agreements entered into in reliance on these rights,
such a prohibition would also violate due process, constitute a "taking" and subject the County to
the "damages" alluded to during the first reading of the bill.
When considering the bill as drafted, we ask that the Council take the time and effort to
understand that for any geothermal energy producer, Bill 292 would:
Not reduce noise in the surrounding community
Create operational risks to employees, equipment and well integrity
Possibly constitute a taking by the County resulting in damages to developers
We hope that the Council gives serious consideration to the issues presented by Bill 292.
Thank you for your considered review of the above.
Respectfully,
Michael L. Kaleikini
PGV Plant Manager