Kahuku wind farm challenge fails; appeal is sought

The state Public Utilities Commission recently rejected a bid to upend a controversial wind farm project in Kahuku.

But the losing party, the nonprofit environmental organization Life of the Land, on Monday asked the Hawaii Supreme Court to hear an appeal on the matter.

The PUC ruled April 14 that Life of the Land took too long to file its motion asking the agency to invalidate a key approval necessary for the Na Pua Makani wind farm to be developed and produce power for Oahu’s electric grid.

Life of the Land challenged a power purchase agreement between Na Pua Makani’s developer and Hawaiian Electric Co. that the PUC approved in 2014 after a public hearing.

The nonprofit contended that there were flaws in the agreement, and in September it filed a motion to invalidate the contract.

While the motion was pending, hundreds of project opponents held rallies and attempted to block deliveries of wind turbine parts to the Na Pua Makani site in Kahuku in October and November.

More than 100 protesters were arrested, but deliveries were completed and construction proceeded on the project by Virginia-based AES Corp. despite concerns from Kahuku residents who fear harmful impacts because of how close 568-foot-tall turbines would be to homes, schools and farms.

The closest turbine site is three-tenths of a mile from the nearest homes and Kahuku Elementary School, and one-tenth of a mile from farms where people live.

AES claims that its wind turbines, slated for operation this summer, will produce noise about as loud as “light traffic” for the closest population and will have no ill health effects.

In November the PUC heard legal arguments from attorneys on Life of the Land’s motion but deferred a decision. A written order denying the motion was filed April 14.

The PUC ruling said Life of the Land failed to meet deadlines spelled out in state law for challenging the power purchase agreement’s approval.

“The law requires strict compliance with statutes creating the right to appeal from administrative decisions,” the order said.

Commissioners also concluded that because it is not a party to the agreement, Life of the Land couldn’t contend that the power purchase agreement was breached.

Life of the Land contends that this creates a “dangerous precedent” that lets AES and HECO modify the agreement.

The PUC said in its order that it will look at whether power purchase agreement terms have been violated.

“While the commission denies (Life of the Land’s) motion based on the legal grounds asserted in the motion, the commission is carefully monitoring the project development and intends to follow up with HECO and Na Pua Makani, outside of this proceeding, to inquire whether any violations of the PPA have occurred, and if so, will take appropriate action,” the order said.