A92-683 Halekua Development Corp. – Successor Petitioner’s Motion to Amend & Motion for Order Bifurcating the Amended FOF, COL, D&O

BACKGROUND

 

The Commission reclassified approximately 503.886 acres at Waikele and Hoʻaeʻae, ʻEwa in October 1996 for the development of the Royal Kunia Phase II Project.  In October 2013, the Commission amended the Findings of Fact, Conclusions of Law, and Decision and Order subject to 25 conditions.

Link to Original Docket files

The current Motion to Amend the 2013 Decision and Order is being brought by the Successor Petitioner (Ho`ohana Solar 1, LLC) for a portion of the original Petitioner Area to allow an interim use of approximately 161 acres for a solar electric farm development.

On October 22, 2014, Successor Petitioner (To Parcel 52)  Ho`Ohana Solar 1 LLC filed a Motion for Order Bifurcating the Amended Findings of Fact, Conclusions of Law, and Decision and Order filed on October 1, 1996.  Since these motions are closely related, both are included on this page for ease of reference.  Filings related to the bifurcation are noted in their respective sections in each Party’s catefory.

 

Final Environmental Impact Statement (FEIS) dated September 23, 1989

 

STATUS

Hearing scheduled for November 12-13, 2014 at Honolulu Airport 7th Conference Room (on rooftop of interisland parking lot).

 

PETITIONER FILINGS

Stipulation to Proposed Findings of Fact, Conclusions of Law and Decision and Order, Exhibits A-B, COS filed 12/23/2014

Compliance with Conditions of Amended Decision and Order (Docket No. A92-683, October 1, 1996) – Status Reports through December 2014

Successor Petitioner’s (to Parcel 52) Second Stipulation of the Parties Setting Forth Filing Schedule and COS

Successor Petitioner’s (to Parcel 52) Exhibit 4 (Errata), Second List of Witnesses; First List of Rebuttal Witnesses; Exhibits 13D, 23-33, COS

Successor Petitioner Motion to Amend

Memorandum in Support of Motion

Exhibits (1-16)

Verification of Jon Wallenstrom

Affidavit of Steven S.C. Lim

Certificate of Service

Amended COS

First Stipulation of the Parties Setting Forth Filing Schedule; COS

First List of Exhibits, Exhibits 17-22, First List of Witnesses, COS

Second Stipulation of the Parties Setting Forth Filing Schedule, COS

Successor Petitioner’s Stipulation to Qualification of Expert Witnesses; COS filed 11/18/14

Successor Petitioner’s Stipulation to Admissibility of Exhibits Filed by the Parties; Exhibits A & B; COS filed 11/18/14

Petitioner (to Parcel 52), Ho`ohana Solar 1, LLC’s Third List of Exhibits; Third List of Witnesses; Successor Petitioner’s Exhibits 34A-34I; COS filed 11/18/14

Successor Petitioner(To Parcel 52)’s Amended Certificate of Service filed 11/24/14

 Proposed Order Granting Successor Petitioner (To Parcel 52) Hoohana Solar 1 LLC’s MOTION FOR ORDER AMENDING THE AMENDED FOF COL D&O FILED ON OCTOBER 1, 1996

SUCCESSOR PETITIONER FILINGS FOR MOTION FOR ORDER BIFURCATING

Successor Petitioner’s (to Parcel 52) Motion for Order Bifurcating the Amended FOF, COL, D&O filed 10/1/1996; Verification of Steven S.C. Lim; COS

Successor Petitioner’(To Parcel 52) Ho`ohana Solat 1, LLC’s Request to Withdraw Ho`ohana’s Motion for Order Bifurcating the Amended Findings of Fact, Conclusions of Law and Decision and Order dated October 1, 1996; COS filed 11/24/14

 

SUCCESSOR PETITIONER LETTER OF EXPLANATION RE: POSITION OF THE PARTIES AND LANDOWNERS WITHIN PETITION AREA

 Notice of Imposition of Conditions by LUC filed 2/4/15

 Certified Recordation of Declaration of Conditions Imposed by LUC filed 3/30/15

STATE OFFICE OF PLANNING FILINGS

OP’s 2nd amended list of Exhibits; Exhibits 12 & 13, COS

OP Response to Motion Exhibits 1-8, COS

OP Exhibit 14– Stipulation to Proposed Conditions of Approval for Ho`ohana Solar 1, LLC’s Motion for Order Amending the Findings of Fact, Conclusions of Law, Decision and Order Dated October 1, 1996l COS

 

OP FILINGS FOR MOTION FOR ORDER BIFURCATING

 

CITY AND COUNTY OF HONOLULU FILINGS

 DPP Response to Motion

DPP FILINGS FOR MOTION FOR ORDER BIFURCATING

 DPP’s Response to New Motion by Ho`Ohana Solar 1, LLC to Bifurcate the Decision and Order Regarding Docket No. 92-683 Halekua Development Corporation

 

FILINGS BY INTERESTED PARTIES

ROBINSON TRUST (RKL)

RKL Position Statement on Ho`ohana Motion to Amend and Motion to Bifurcate filed January 22, 2015</>

CANPARTNERS IV ROYAL KUNIA PROPERTY LLC

A92-683 CANPARTNERS IV ROYAL KUNIA PROPERTY LLC’S MEMORANDUM IN RESPONSE TO SUCCESSOR PETITIONER (TO PARCEL 52) HO`OHANA SOLAR 1 LLC’S

1. MOTION FOR ORDER BIFURCATING THE AMENDED FOF COL D&O FILED ON OCTOBER 1, 1996 IN DOCKET NO. A92-683 FILED ON OCTOBER 22, 2014 AND

2. MOTION FOR ORDER AMENDING THE AMENDED FOF COL D&O FILED ON OCTOBER 1, 1996 FILED ON AUGUST 11, 2014; COS

 HRT REALTY, LLC, 300 CORPORATION, AND HONOLULU LTD

Statement of Position in Response to Successor Petitioner (To Parcel 52) Ho`ohana Solar 1 LLC’s Motion for Order Amending the Amended FOF, COL D&O filed on October 1, 1996, Filed August 11, 2014; Exhibit A, COS

November 21, 2014 Filings

  • HRT, Ltd., 300 Corporation, and Honolulu Limited’s- Stipulation Exhibits A to D ,
  • copy of ORDER GRANTING THE OFFICE OF PLANNING’S AMENDED MOTION TO EXEMPT HRT, LTD’S PROPERTY FROM THE ORDER TO SHOW CAUSE GRANTED ON FEBRUARY 26, 2003, PURSUANT TO THE STIPULATION FILED ON DECEMBER 30, 2003

PUBLIC CORRESPONDENCE

Letter of Support 10/15/14 Sen. Kidani

LUC NOTICES & ORDERS

ORDER APPROVING SUCCESSOR PETITIONER (TO PARCEL 52) HO`OHANA SOLAR 1, LLC’S REQUEST TO CONTINUE PROCEEDINGS UNTIL NOVEMBER 21, 2014 AND SET DATE FOR FILING OF ANY FURTHER DOCUMENTS BY ALL PARTIES PRIOR TO THE NOVEMBER 21, 2014 HEARING DATE

 

A92-683 ORDER GRANTING HO’OHANA MOTION FOR ORDER AMENDING AMENDED FOF COL D&O