On June 30, 2021, the Hawaii Public Utilities Commission (PUC) issued an order reopening the Hu Honua Bioenergy, LLC (Honua Ola) proceeding to review the application and schedule an evidentiary hearing for the approval of an amended power purchase agreement (PPA) between Honua Ola and Hawaiian Electric.
The Hawaii Supreme Court directed the PUC, for the second time on remand, to hold a hearing and consider greenhouse gas (GHG) emissions.
During the proceeding, which culminated in a 5-day hearing that took place between March 1 – 7, 2022, Honua Ola and Hawaiian Electric were the only parties that prepared expert GHG emissions analysis and such analysis showed that the Honua Ola project will significantly reduce GHG emissions.
Moreover, in an effort to remove any doubt that GHG emissions will be reduced, Honua Ola committed as a condition of approval that the project would be carbon negative (i.e., remove more GHG emissions from the atmosphere than produced). Importantly, because the PUC and other parties questioned the assumptions and methodologies of Honua Ola’s analysis, as well as the ability to hold Honua Ola accountable and enforce such carbon negative commitments, Honua Ola made it very clear, that:
(1) Honua Ola is willing to use any reasonable assumptions and methodologies that the PUC prefers (i.e., if the PUC is not satisfied with Honua Ola’s assumptions and methodologies used in its GHG emissions projections, Honua Ola agrees to use the PUC’s preferences, recalculate, and would still honor its carbon negative commitments). In this way, the PUC cannot claim that any shortcomings in the assumptions and methodologies are a basis for determining that Honua Ola will not reduce GHG emissions.
(2) Honua Ola agrees in advance to adopt any reasonable additional conditions of approval by the PUC that will enable the PUC to hold Honua Ola accountable and enforce its carbon negative commitments. In this way, the PUC cannot claim that it is unable to hold Honua Ola accountable or enforce its carbon negative commitments.
The decision and order from the PUC regarding whether to approve Honua Ola’s PPA is anticipated in May or June 2022.