KIUC, Stop FERCing Kauai Update

SOURCE: Ken Taylor (
SUBHEAD: As member you can stop Federal FERC process from using eminent domain on Kauai water rights.  

[Author's note: This article has been updated 4/13/11 with places to sign petition and contact names.]  

By Juan Wilson on 6 April 2011 for Island Breath - (

Image above: The Norris Dam on the Clinch River in Tennessee being built by the federal government for the TVA in 1933. From (  

250 names and addresses with KIUC account numbers on a petition.  

Current KIUC members only for this petition. Anyone can collect signatures.  

Download petition. Sign it with your name and account number. Ask others to sign.  

(updated deadline) Deadline Noon, Monday, April 29th 2011 for submission.  

Compel KIUC to re-call the request for FERC application. SUBMISSION: Contact Coordinator or Adam Asquith for submitting hard copy. See below.  

Download Background Sheet (with this Background Information) ( Download No FERC Petition Sheet (to sigh and distribute) (  
Coordinator: Adam Asquith 4654 Hauaala Road Kapaa HI 96746 (808) 635-8290  

Signature sheets at the below locations so you can sign up at the location or you can drop off a sheet you have filled out. The signature sheets will be picked up Saturday April 16
Hanapepe Cafe

Happy Mango

Living Foods,
Kukuilua Shopping Village, Poipu V

im 'N Viger Health Food,

Children of the Land, Kapaa
(next door to Papayas)

Kilauea Bakery & Pau Hana Pizza,

Island Wide - 
Diana Labedz
PO Box 808 Waimea HI 96796 
 (808) 337-9977  

Westside -
Linda Harmon
PO Box 257 Hanapepe HI 96716
(808) 335-2737

 Eastside - Ken Taylor
1720a Makaleha Place Kapaa HI 96746
(808) 823-8527

Tip to those collecting signatures. If signer does not have account number with them get phone number. You can call them for account number and fill it in later.  

 The KIUC Board of Directors has voted to initiate the Federal FERC process to develop hydroelectric systems on several Kauai streams As a KIUC coop member, you have asked for, and will soon be paying for, a mainland company to seize the water rights and develop these projects. You have asked the Federal Government to preside over this action and make decisions.

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. Within the FERC process, there is NO law that protects the rights of living or future Hawaiian people.

 The KIUC Board voted to initiate this process without explaining to you how invasive and controlling it is. You asked for the FERC process, only You can stop it. Tell the KIUC Board to Stop FERC and give up the water claims. We have 20 days after the posting of the Draft minutes of the March 29 meeting to: 
• Petition the Board to have the action submitted to all Members for approval.

• Request that a Special Meeting be held to discuss this action. 
This is a very formal request, and all signatures must have the KIUC ACCOUNT number to show that they are a Member. This is going to take some work. We need 250 signatures with Account Numbers. From a comment on article below:
Aloha, Kauai Island Utility Cooperative (KIUC) signed a deal with a Massachusetts company to explore hydroelectric possibilities. There are two major times to intervene and/or make comments. They are steps 2 and 3. We are now only at step 1. (1) They need a Federal Energy Regulatory Commission (FERC) permit to explore possibilities. The public could make comments, but it does not mean much (2) If they move forward they must file for another FERC application to actually build a hydroelectric facility, non-profit organizations can and should intervene. If FERC approves it, then ... (3) KIUC needs to file the proposed power purchase contract with the Hawaii Public Utilities Commission (PUC). The public can and should intervene in that case also. WHAT WE SHOULD FOCUS ON NOW IS PUBLIC VALUES & PERCEPTIONS Henry
Ea O Ka Aina: KIUC Sells Off Water Rights 4/3/11 .


Anonymous said...

nice work, juan

ed said...

Hi Juan,
This shouldnʻt be: a petition that bars everyone that doesnʻt have an account number from objecting to something that affects all as a public trust matter.
And we all pay and use the electricity whether it be through a landlord, a family KIUC member or otherwise even though we donʻt necessarily have an account #.
It is extremely exclusionary and restrictive.
I never started an online petition before but if anyone or you has the motivation to do it, I would get busy with some serious forwarding.

Juan Wilson said...

Aloha Ed,

I agree. It does affect everyone. I am a customer and not a member of KIUC so I cannot vote or petition the board either.

Of course we can as individuals create a "citizen's" petition and let our thoughts be known to KIUC with or without official sanction.

If you present a petition I'll sign it.


ed said...

Thanks Juan,
Like I said, donʻt know how to get an online petition going but later today Iʻll try to figure it out.

Eve said...

TRUE - however, MOST of us on this small island DO have an account # we can use to sign this petition, even if it's not in our name; just ask the person who receives the bill from KIUC - which you, in whatever capacity, participate in paying -what the account # is; it's @ the top right-hand corner.

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