• Reject the FERC process • Kuali‘i for council • I may be wrong but . . . • Mahalo to Kaua‘i’s first-responders Reject the FERC process In an act of either ignorance or audacious contempt for water, culture, and
• Reject the FERC process • Kuali‘i for council • I may be wrong
but . . . • Mahalo to Kaua‘i’s first-responders
Reject the FERC process
In an act of either ignorance or audacious contempt for water, culture, and recent State court decisions, the KIUC Board of Directors voted on Tuesday, March 29, to engage the mainland company, Free Flow Power, to secure water rights to develop several hydroelectric projects on Kauai. In fact, these water claims had already been submitted by the Free Flow Power, but the Board decision will make every electrical user on Kauai party to this action. Note that three Board members, Carol Bain, Ben Sullivan, and Jan TenBruggencate voted against this action.
This Board action initiates a proscriptive Federal process for developing these water projects. The FERC process, like all Federal processes, is procedural, not substantive. This means that all they must do is check all the boxes on their list. Meetings will be conducted by the mainland company, Free Flow Power, or their subcontractor. You will be given your three minutes at the microphone. Your name and input will be dutifully recorded and filed. The substance of your testimony is not relevant. When all required public meetings are concluded and all “stakeholders” consulted, the project can go forward. According to KIUC, the FERC process was chosen because it is an “independent and powerful arbiter.” This means that FERC, not the Coop members or our community, will make the decision.
If a FERC license is granted. It conveys the right of Federal eminent domain. The licensee has the full power of the Federal government to seize land necessary to development the hydro project and transmit the power.
Do not think that this Federal process will protect any Hawaiian rights. Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to take into account the effects that their federally funded activities and programs have on “significant historic properties. Thus, the FERC process under Section 106 will only “consider” the things that kupuna made. It will NOT consider, or protect, the rights of living or future Hawaiians. Likewise, NAGPRA, the Native American Graves Protection and Repatriation Act, will provide some protection to iwi kupuna under the FERC process, but provides NO specific legal consideration to living or future Hawaiians.
In summary, as KIUC coop members, you have asked, and will soon be paying for, a mainland company to seize the water rights and develop several hydroelectric projects on Kauai. Furthermore, you have asked the Federal government to preside over this action and seize any lands that you need to accomplish your goal. As KIUC Coop members we should recognize that these predatory claims are inexcusably insensitive to the past injustices of water use in Hawaii. We should know that these claims are an egregious breach of the protocol for how we think of, and access, water in Hawaii. We should know that this action will put the Coop in an unnecessary aggressive and possessive position that will lead to conflict and litigation.
We urge all Coop members to contact KIUC staff and Board members and instruct them to cancel any ties with Free Flow Power, and tell them that you reject the FERC process. Tell them that you have respect and responsibility for our water resources and you do not need a Federal arbiter to determine our use.
Ken Taylor, Kapa‘a
Kuali‘i for council
Now that Gov. Abercrombie has appointed County Council member Derek Kawakami to be the District 14 state representative, KipuKai Kuali‘i should be selected to replace him on the council.
Kuali‘i came in eighth in the last race and he should be next in line. He is an excellent replacement for Kawakami.
Linda Estes, Koloa
I may be wrong but . . .
Kaua‘i knows that the lone dermatologist of the Kaua‘i Medical Clinic is leaving the islands for good in a couple of months. The island also knows that there are no plans to find a replacement for the good doctor.
The question then is: How do Kaua‘i Medical Clinic and its “well-intentioned” board members respond to the acute needs and well- being of its current patients for better health? Where would they go? Who should they see? Are there enough dermatological doctors to serve the needs of the entire island? Isn’t Hawai‘i one state that has the highest incidence of skin or dermatological problems? Don’t we deserve better care? Or, does the situation smack of corporate and medical irresponsibility?
Rudy Sina, Lihu‘e
Mahalo to Kaua‘i’s first-responders
I witnessed the lifeguards at Salt Pond Beach Park rescue a distressed windsurfer last week.
Fortunately, the victim survived. Unfortunately, incidents like these do not usually make the news. We hear about drownings, but not always live rescues.
I want to give a shout out and a big mahalo nui loa to the lifeguards, EMTs, firefighters, police, and all of the other first-responders for protecting the public and for putting your lives on the line for us every day.
We are truly blessed to have your service and dedication.
Jan Pascua, Lawa‘i
