Life Of The Land (Hawai`i)

Hawaiian Electric Company (HECO)
Proposed Malaysian Palm Oil Based Electricity

The Amended Biofuel Contract

Testimony of Henry Curtis
Testimony: Dr. Stephanie Fried
HECO / CA











The Evidentiary Hearing was held October 6-7, 2008.

The Transcript came out in December 2008.

HECO realized that Imperium could not meet the terms and conditions of the contract.

The timeline in this regulatory proceeding was expanded to allow HECO to amend the contract.

HECO-Imperium Amended Biofuel Contract
(January 30, 2009)

Life of the Land filed Testimony re this
amended contract on  February 27, 2009.

Another Evidentiary Hearing will be held on March 9, 2009.

The PUC stated that no topic is being removed from the table for this hearing (i.e., the hearing may cover any issue from this regulatory proceedings and not just issues confined to the amended contract.




EXH-1: Commercialization of First Generation Biofuels by Vernon R. Eidman, Department of Applied Economics. University of Minnesota. August 21, 2007 (30 pages)

EXH-2: Malaysian palm oil - green gold or green wash?
This report constitutes a cooperation of Friends of the Earth England, Wales and Northern Ireland. Friends of the Earth Netherlands - Vereniging Milieudefensie. Friends of the Earth, Malaysia - Sahabat Alam Malaysia (SAM). Friends of the Earth Europe. Published October 2008 in the Netherlands. (59 pages)

EXH-3: United Plantations certified despite gross 1 violations of RSPO Standards. Greenpeace (13 pages)

EXH-4: The Addition of Palm Oil Biodiesel and Coal Derived FT Distillate to GHGenius, Don O'Connor, May 15, 2006. (43 pages)

EXH-5: Certified unsustainable? Observations on the first three RSPO certificates By Almuth Ernsting, Biofuelwatch, U.K. 2nd November 2008 (13 pages)

EXH-6: Written Testimony, Dr. Tad W. Patzek. LOL T-4, Docket 05-0145

EXH-7: BIOFUELS - AT WHAT COST? Government support for biodiesel in Malaysia. One of a series of reports addressing subsidies for biofuels in selected developing countries September 2008 Prepared by: Gregore Pio Lopez (Malaysian Institute of Economic Research) and Tara Laan (Global Subsidies Initiative). Prepared for: The Global Subsidies Initiative (GSI), The International Institute for Sustainable Development (IISD) (90 pages)

EXH-8: Malaysia. Human Rights Watch. September 2008 (7 pages)


EXH 1  Miscellaneous Exhibits

EXH 1A: Certified unsustainable?Observations on the first three RSPO certificates. By Almuth Ernsting, 2nd November 2008

EXH 1B:  United Plantations certified despite gross violations of RSPO Standards. Greenpeace

EXH 1C:  Procedural irregularities and standards violations in IFC support for Wilmar Trading, Forest Peoples Programme. 2007

EXH 1D: Open Burning in Sarawak (Power Point)

EXH 1E: Expansion_in_Malaysia (Power Point)

EXH 1F: Deforestation_in_Sarawak (Power Point)

EXH 1G: malaysian palm oil - green gold or green wash? Friends of the Earth et al.

HECO's Testimony

Robbie Alm: Policy

Ronald Cox: Contract &
Peter Young: Rate Impact



Consumer Advocate's Testimony

James Grant


...........................................................
.... ............................... .... ........................................................................................ ........... .....................





On October 18, 2007, the Hawai`i Public Utilities Commission (PUC) opened Docket 2007-0346
To Examine a Proposed Biofuel Supply Contract between Hawaiian Electric Company (HECO) and Inperium Renewables Inc (IRI)

On November 5, 2007 Life of the Land filed a Motion to Intervene

On January 10, 2008 the PUC admitted Life of the Land as a Party (Decision and Order 23965).

On April 10, 2008 the PUC issued a Stipulated Procedural Order (Order 24144) and a Protective Agreement  (Order 24145)

HECO's Rebuttal Testimony (filed Sept 9, 2008)

Policy Overview (Robert A. Alm, Executive VP, HECO RT-1)

Contract Terms (Ronald R Cox, Manager, Power Supply Services Department, HECO RT-2)

HECO-NRDC Policy (David G. Waller, VP, Customer Solutions, HECO RT-3)

Palm Oil Life Cycle Assessment
(Leland Tong, Marc-IV Consulting HECO RT-4)

The Availability of Biodiesel Meeting the HECO-NRDC Policy (David Leonard, President, R+Energy International HECO RT-5)

Use of Biodiesel in an Electric Generator  (Robert Isler, Power Supply Engineering, HECO RT-6)

Residential Bill Impact (Peter C Young, Energy Services Dept, HECO RT-7)

Consumer Advocate's Testimony (James S Grant CA-T-1)


Life of the Land's
Testimony and Exhibits
June 2008 2.9 MB

Supplemental Testimony and Exhibits   August 2008

Thermodynamics of Agricultural Sustainability: The Case of US Maize Agriculture. Tad W. Patzek. 2008

Exponential growth, energetic Hubbert cycles, and the advancement of technology. Tad W. Patzek. 2008

A First Law Thermodynamic Analysis of Biodiesel Production From Soybean. Tad W. Patzek. 2008

Thermodynamics of the Corn-Ethanol Biofuel Cycle. Tad W. Patzek. 2006

Thermodynamics of Energy Production from Biomass. Tad W. Patzek and David Pimentel. 2006

The Overall Energy Balance of the Hydrogen Bus in Berkeley, CA. T. W. Patzek et al 2004

A Statistical Analysis of the Theoretical Yield of Ethanol from Corn Starch. Tad W. Patzek. 2006

Ethanol Production Using Corn, Switchgrass, and Wood; Biodiesel Production Using Soybean and Sunflower. David Pimentel and Tad W. Patzek. 2005

A First-Law Thermodynamic Analysis of the Corn-Ethanol Cycle. Tad W. Patzek. 2006

How Can We Outlive Our Way of Life? Tad W. Patzek. 2007

Ethanol From Corn: Clean Renewable Fuel for the Future or Drain on Our Resources and Pockets? Tad W. Patzek et al. 2004

The Real Biofuel Cycles.  Tad W. Patzek. 2006

The Visible Sustainable Farm: A Comprehensive Energy Analysis of a Midwestern Farm.  Tad W. Patzek 2008

The Earth, Energy, and Agriculture. Tad W. Patzek. 2006


Testimony of Consumer Advocate
Legal Form (25 pages)
Readable Form (8 pages)

Procedural Errors

(1) The docket was opened on October 18, 2007. The public is allowed 20 days to file a Motion to Intervene (that is, by November 7, 2007). In order to know that the docket was opened one must go to the PUC office and look in a binder. October new dockets were first posted to this binder on November 8, 2007.

(2) The PUC admitted Life of the Land as a full party, but at the request of HECO, demoted Life of the Land to second class status. We may see some but not all of the records. What's really unclear is what records we can and can't see. Apparently one record that we can see (but haven't yet been given access to) and which the public is not allowed ever allowed to see, is why HECO has decided to push biofuels.

The PUC decided this on April 10, 2008. We had 10 days to appeal our demotion to second class status (by April 20, 2008). The PUC documents arrived in our mailbox on April 28, 2008. The PUC did not email an electronic version of their ruling.




HECO's Discovery Questions
................................................................................................... ... ................................................................................................... ... ...................................................................................................








Palm Tree

Life of the Land's Support Documents (Exhibits)

Cheap no more, The Economist (Dec 6th 2007)


The Food Chain: A New, Global Oil Quandary: Costly Fuel Means Costly Calories. The New York Times (January 19, 2008)

Imperium Renewables Inc.'s Draft Environmental Assessment

Imperium Renewables Inc.'s Final Environmental Assessment

Life of the Land's Opening Brief re PUC Docket 05-0145 (In the Matter of the Application of HAWAIIAN ELECTRIC COMPANY, INC. For Approval to Commit Funds in Excess of $2,500,000 (excluding customer contributions for the Purchase and Installation of Item Y-49000, Campbell Industrial Park Generation Station and Transmission Additions Project.

What Can Grow in Hawaii: Invasive Species Chris Buddenhagen of the Hawaii Invasive Species Council. Presentation made  on May 21, 2008 at the Hawai`i Department of Business, Economic Development, and Tourism ''Kickoff Meeting for the Development of the Bioenergy Master Plan''

The Weedy Truth About Biofuels Australian Invasive Species Council (ISC) by ISC Project Officer Tim Low, with Carol Booth. October 2007

HECO/NRDC Draft Environmental Policy for the Hawaiian Electric Company's Procurement of Biodiesel from Palm Oil and Locally-Grown Feedstocks

HECO/NRDC Final Environmental Policy for the Hawaiian Electric Company's Procurement of Biodiesel from Palm Oil and Locally-Grown Feedstocks

Biofuel backlash: High prices, pollution worries hit consumers, By  Ángel González. The Seattle Times, Sunday, June 8, 2008

Big Plans for Biodiesel Stall in Southeast Asia: Costlier Palm Oil, Europe Oversupply Cast Cloudy Outlook By Tom Wright. Wall Street Journal. April 30, 2008; Page A12

Town Square with Beth Ann Kozlovich. June 12 2008. Food vs. Fuel: A Conversation with Henry Curtis, Executive Director of Life of the Land and Dr. William Steiner, Dean of the College of Agriculture, Forestry and Natural Resources Management, University of Hawai`i, Hilo.  MP3 (59:00)  

Oil Palm and Other Commercial Tree Plantations, Monocropping: Impacts on Indigenous Peoples’ Land Tenure and Resource Management Systems and Livelihoods. Victoria Tauli-Corpuz and Parshuram Tamang. Permanent Forum on Indigenous Issues. Sixth session. New York, 14-25 May 2007. E/C.19/2007/CRP.6  7 May 2007

Price and demand surge seen in no-trans oils: No compelling counterweight seen to bullish influences on alternatives to soybean oil. Jay Sjerven. Food Business News. May 27, 2008

Henry Curtis Biography

Analysis HECO Draft Sustainability Criteria.  Final Analysis of Proposed HECO-NRDC Sustainability Criteria for Hawaiian Electric Company’s Procurement of Biodiesel from Palm Oil Henry Curtis, Life of the Land; Marti Townsend, KAHEA: The Hawaiian-Environmental Alliance; Isaac Harp, `Ilio`ulaokalani Coalition & Member, Indigenous Forum, U.N. Convention on Biodiversity;  Rob Parsons, Conservation Chair Sierra Club – Maui Hawai`i; Stephanie Fried, Environmental Defense, Endorsed by 70 Organizations, Companies, and Religious Groups in 13 Countries, including Twenty-eight Groups from Hawai`i and Twenty Groups from 10 Provinces of Indonesia.

Food Report Criticizes Biofuel Policies by Andrew Martin. New York Times. May 30, 2008

Sustainable Monoculture? No, thanks! Debunking agribusiness greenwash. Against the Grain   June 2006

Biofuels Fields of dreams London Times March 9, 2008 Biofuels: Fields of dreams

Another Problem with Biofuels? Time March 12, 2008 

Biofuels Are an Environmental Dead End By Tom Philpott, Grist Magazine. Posted December 13, 2006.


Food vs. Fuel Business Week February 5, 2007

A New Kind of Hunger: Food prices rise as more crops go into producing biofuels. Japan Times.  May 29, 2007

Biofuels: The Five Myths of the Agro-fuels Transition by Eric Holt-Giménez. Executive Director, Food First/Institute for Food and Development Policy. Global Research, June 30, 2007

Coming Down from the Peak Our Saviors Lutheran Church Hibbing, MN - April 30, 2006

Most Destructive Crop. By George Monbiot. The Guardian (December 6, 2005)

Biofuels: "Green Energy" Panacea or Just the Latest Hype? By Brian Tokar, Director of the Biotechnology Project at Vermont's Institute for Social Ecology, and has edited two books on the science and politics of genetic engineering, Redesigning Life? (Zed Books, 2001) and Gene Traders (Toward Freedom, 2004).

Three Biorefineries By Henry Curtis July 20, 2007

Minutes of the Hawai`i Board of Land and Natural Resources. November 16, 2007.

As Alternative Energy Heats Up, Environmental Concerns Grow. By Patrick Barta and Jane Spencer, Wall Street Journal. December 5, 2006.

All Biofuels Are Not The Same By Vinod Khosla. Washington Post, June 16, 2008, page A19

People Warn U.N. of Biofuels Disaster by Haider Rizvi
http://ipsnews.net/news.asp?idnews=42196

Malaysia (2008). Human Rights Watch

Malaysia: Government failing to respect the right to freedom of assembly. Amnesty International. 12 December 2007.

U.S. Department of State's Country Reports on Human Rights Practices: Malaysia (2007) Released by the Bureau of Democracy, Human Rights, and Labor

The Disastrous Local and Global Impacts of Tropical Biofuel Production By Lucas J. Patzek and Tad W. Patzek Energy Tribune (March 2007)



Life of the Land's Evidentiary Hearing Exhibits
The bulk of the following documents were cited or referenced by HECO and CA witnesses. The last three were provided by HECO the week before the evidentiary hearing was to commence.

LOL-EH-EXH-1 The greenhouse and air quality emissions of biodiesel blends in Australia. Tom Beer, Tim Grant and Peter K Campbell. Report Number KS54C/1/F2.29. August 2007. Report for Caltex Australia Limited. Prepared with financial assistance from the Department of the Environment and Water Resources

LOL-EH-EXH-2 The Energy Balance in the Production of Palm Oil Biodiesel - Two Case Studies: Brazil and Colombia. 
Rosélis Ester da Costa, Electo Eduardo Silva Lora, Federal University of Itajubá/Excellence Group in Thermal and Distributed Generation NEST (IEM/UNIFEI). Edgar Yãnez – Oil Palm Research Center - CENIPALMA/Colombia. Ednildo Andrade Torres- Bahia Federal University - UFBA

LOL-EH-EXH-3 Greenhouse Gas (GHG) Inventory and Footprint Reduction Plan for Santa Barbara Airport, California. Prepared for the: City of Santa Barbara. Prepared by: HNTB and KB Environmental Sciences, Inc. June 5, 2008

LOL-EH-EXH-4 The Addition of Palm Oil Biodiesel and Coal Derived FT Distillate to GHGenius. Prepared For: Natural Resources Canada. Prepared By (S&T)2 Consultants Inc. May 15, 2006

LOL-EH-EXH-5 Selling the Green Palm Oil Advantage? Teoh Cheng Hai*

LOL-EH-EXH-6 Introduction [Palm Oil] Rolf Härdter International Potash Institute, Germany. Thomas Fairhurst, Potash & Phosphate Institute of Canada

LOL-EH-EXH-7 Agricultural land use in life cycle assessment (LCA): case studies of three vegetable oil crops. Berit Mattsson (SIK, The Swedish Institute for Food and Biotechnology, Sweden), Christel Cederberg (Department of Applied Environmental Science, Goteborg University, Sweden), Lisa Blix (Department of Applied Environmental Science, Goteborg University, Sweden) Journal of Cleaner Production 8 (2000) 283–292 www.elsevier.com/locate/jclepro  (1999)

LOL-EH-EXH-8 Environmental Management Guideline for the Palm Oil Industry. Thailand Environmental Advisory Assistance
for Industry   1997

LOL-EH-EXH-9 The palm Oil Industry in Malaysia: From Seed to Frying Pan. Prepared for WWF Switzerland. 2002

LOL-EH-EXH-10 Land Use and the Oil Palm Industry in Malaysia. Abridged report produced for the WWF Forest Information System Database

LOL-EH-EXH-11 Life-Cycle Assessment of Energy and Greenhouse Gas Effects of Soybean-Derived Biodiesel and Renewable Fuels. Argonne National Lab, Energy Systems Division ANL/ESD/08-2 Huo, Wang, Bloyd, and Putsche March 12, 2008

LOL-EH-EXH-12 Testimony of Ronald Cox. HECO 2009 Rate Case DN 2008-0083

LOL-EH-EXH-13 Ronald Cox. Exhibits. HECO 2009 Rate Case DN 2008-0083

LOL-EH-EXH-14 HECO Biofuels Oil Crop Research  with the Hawaii Agricultural Research Center (HARC), University of Hawaii - Manoa College of Tropical Agriculture and Human Resources (CTAHR) and the University of Hawaii - Hilo College of Agriculture, Forestry, and Natural Resource Management (CAFRNM). HECO 2009 Rate Case DN 2008-0083

LOL-EH-EXH-15 HECO Biofuel Co-Firing Testing. Contract with the Electric Power Research Institute (EPRI). HECO 2009 Rate Case DN 2008-0083

LOL-EH-EXH-16 HECO Adjusted Avoided Fuel Costs - April 2008. HECO 2009 Rate Case DN 2008-0083

LOL-EH-EXH-17 HECO Analysis using Petrospect Proprietary Program. HECO 2009 Rate Case DN 2008-0083

LOL-EH-EXH-18 The United Nations Declaration on the Rights of Indigenous Peoples. The Declaration deals with the rights of indigenous peoples in areas such as self-determination, culture and language, education, health, housing, employment, land and resources, environment and development, intellectual and cultural property, indigenous law and treaties and agreements with governments. The Declaration in cited by the RSPO.



 



.





On Monday, June 23, 2008 Life of the Land and the Consumer Advocate will file their Testimonies and Exhibits.

LOL Witnesses:  Dr. Charles Burrows
Henry Curtis, Robert King, Kelly King, Dr. William Steiner, Dr. David Rezachek, Robert Parsons, Mililani Trask, Esq, Dr. Charles Burrows, Charmaine Crockett, Dr. Lorrin Pang, Miwa Tamanaha, Dr. Stephanie Fried