01-28-2015, 01:39 AM
http://hawaiitribune-herald.com/news/loc...-expansion
Excerpt - more at link
Does Hawaii County’s nighttime drilling ban apply to Puna Geothermal Venture?
That’s a question the County Council will grapple with again next week as the geothermal power plant in Pohoiki starts another around-the-clock drilling project to build a new well.
Puna Councilman Greggor Ilagan introduced two resolutions on the issue he said will be considered Feb. 4.
One requests the 38-megawatt plant to comply with the ban, adopted in 2012 following its last drilling project, and drill only between the hours of 7 a.m. and 7 p.m.
The other asks the county’s attorneys to take the issue to court so a judge can decide if, in fact, the law applies to the county’s only geothermal power plant.
That’s a question the council might have thought it settled when it adopted the ban, though not in writing.
Several council members at the time said PGV’s existing geothermal resource permit provides it “vested rights,” and its drilling can’t be restricted by a new county ordinance.
The council passed the bill anyway 5-2, and an amendment introduced to clarify that the ban doesn’t apply to PGV as long as it remains within its approved buildout of 60 mgw was even dismissed as unnecessary.
But without that amendment, the law on the books says that “geothermal production drilling operations being conducted one mile or less from a residence” shall comply with the time restriction. There are multiple homes that distance from PGV.
In response to an outcry from the community regarding the new drilling plans, Ilagan said current council members need to try to bring clarity to the issue.
“If they don’t voluntarily comply, we are going to request corporation counsel to go to court and have a judge make a decision,” he said.
If it goes to court, an injunction would be sought to stop PGV from drilling at night, Ilagan said. The drilling project is scheduled to begin Thursday.
...
Excerpt - more at link
Does Hawaii County’s nighttime drilling ban apply to Puna Geothermal Venture?
That’s a question the County Council will grapple with again next week as the geothermal power plant in Pohoiki starts another around-the-clock drilling project to build a new well.
Puna Councilman Greggor Ilagan introduced two resolutions on the issue he said will be considered Feb. 4.
One requests the 38-megawatt plant to comply with the ban, adopted in 2012 following its last drilling project, and drill only between the hours of 7 a.m. and 7 p.m.
The other asks the county’s attorneys to take the issue to court so a judge can decide if, in fact, the law applies to the county’s only geothermal power plant.
That’s a question the council might have thought it settled when it adopted the ban, though not in writing.
Several council members at the time said PGV’s existing geothermal resource permit provides it “vested rights,” and its drilling can’t be restricted by a new county ordinance.
The council passed the bill anyway 5-2, and an amendment introduced to clarify that the ban doesn’t apply to PGV as long as it remains within its approved buildout of 60 mgw was even dismissed as unnecessary.
But without that amendment, the law on the books says that “geothermal production drilling operations being conducted one mile or less from a residence” shall comply with the time restriction. There are multiple homes that distance from PGV.
In response to an outcry from the community regarding the new drilling plans, Ilagan said current council members need to try to bring clarity to the issue.
“If they don’t voluntarily comply, we are going to request corporation counsel to go to court and have a judge make a decision,” he said.
If it goes to court, an injunction would be sought to stop PGV from drilling at night, Ilagan said. The drilling project is scheduled to begin Thursday.
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