The Hawaii Supreme Court has rejected an “outlandish” effort to delay a state agency from considering approval of a long-stalled and controversial renewable-energy project on Hawaii island.
Hu Honua Bioenergy LLC, developer of the power plant designed to burn fast-growing trees as a locally grown renewable energy source, lost its bid to indefinitely postpone a hearing by the Public Utilities Commission to consider approval of the biofuel project, which is 99% built, after an earlier PUC approval from 2017 was overturned by the state’s highest court.
The PUC hearing to reconsider the project approval had been scheduled to begin Jan. 31. However, on Jan. 3, Hu Honua asked the PUC to postpone the hearing until the agency could hold it in person instead of by videoconference. Hu Honua claimed the videoconference format would hinder its procedural due process rights.
The company also claimed it needed more time to prepare its expert witnesses for testifying and wanted the hearing postponed until its witnesses could “safely travel to and stay in Honolulu to prepare in advance of the hearing.”
The PUC rejected the company’s request Jan. 6. Hu Honua responded by filing an emergency motion with the Hawaii Supreme Court on Jan. 26 to appeal the commission’s decision.
Because of the appeal motion filed in court, the PUC agreed not to proceed with the hearing as scheduled. But on Feb. 4 the court rejected the appeal motion on grounds the PUC’s rejection of Hu Honua’s postponement request isn’t something that can be appealed.
“An appeal taken from the denial of a motion to continue (the hearing to an undetermined future date) would be remarkable in any circumstance,” the court’s five justices said in their written opinion. “But this appeal is particularly outlandish because for months Hu Honua assented to and complied with the PUC’s procedural schedule.”
The PUC has now rescheduled the anticipated four-day hearing to start March 1.
A primary issue to be decided at the hearing is whether the project, also known as Honua Ola Bioenergy, would further a state goal of reducing greenhouse emissions. At the PUC, Life of the Land aims to show that Hu Honua’s 21.5-megawatt plant, which could supply Hawaii island with 14% of its electricity needs, will increase greenhouse gas emissions.
Hu Honua aims to show that its project, which will replace some fossil fuel power generation while growing new trees in place of ones consumed as fuel, will reduce greenhouse gas emissions.
“We have a strong, compelling case to present based on Honua Ola’s commitment that we will be the state’s first renewable energy project to be carbon negative; that we will reduce the amount of fossil fuels used on the Big Island; and that we will be a vital source for the production of green hydrogen to support the county’s goals,” Warren Lee, the company’s president, said in a statement.
“Hawaii needs all available renewable energy resources, including Honua Ola, for the state to reduce its use of fossil fuels and level of GHG emissions, and to reach its clean energy goals as quickly as possible,” Lee said.
The company said it has invested over $500 million in the project, which was first approved by the PUC in 2013.
That initial approval was lost after Hawaiian Electric, which agreed to buy electricity from the plant being built by converting a former sugar mill on the Hamakua Coast, canceled its contract with Hu Honua in 2016 when the developer suffered financing and construction setbacks and failed to have the power plant ready to begin service that year.
