Hu Honua Bioenergy Files Federal Complaint

Hu Honua Bioenergy, LLC, a baseload 24/7 biomass electric plant on the Hamakua Coast on Hawaii Island, filed a civil antitrust complaint in federal court against Hawaiian Electric Company, Hawaii Electric Light Co., NextEra Energy Resources, and Hamakua Energy Partners, Wednesday (Nov. 30, 2016).

hu-honua

Hu Honua had a Public Utilities Commission-approved power purchase agreement with Hawaii Electric Light, which was unlawfully terminated as a result of actions by the defendants.

“Hu Honua regrets that the matter has come to this,” said Harold Robinson IV, president of Island BioEnergy, a majority owner of Hu Honua, “we’d rather have a power plant than a lawsuit. For almost two years we have unsuccessfully attempted to obtain Hawaiian Electric Light’s agreement to our reasonable requests to extend two milestone dates. Hawaiian Electric Light’s refusal to provide these extensions has left us with no recourse but to file suit to recover our substantial damages of $120 million that was invested in our 50 percent complete biomass power plant and our lost profits of $435 million.”

The complaint was filed Wednesday in the U.S. District Court, Hawaii District, by the legal teams of Bronster Fujichaku Robbins of Honolulu and Manatt, Phelps & Phillips, LLP of San Francisco.

The detailed allegations and the project’s complex history are outlined in the complaint, which alleges violations of the Sherman Antitrust Act and Hawaii unfair competition laws, as well as breach of contract and breach of fiduciary duty, and seeks to recover actual and treble damages. Hu Honua asks for a jury trial.

Robinson noted that “the concerted effort to monopolize electricity generated on the Big Island has not only blocked the state’s progress toward the achievement of its energy self-sufficiency mandates set by Hawaii Law, but also stunted the creation of almost 200 local jobs at the facility, in agriculture and ancillary services.”

Leave a Reply

Your email address will not be published. Required fields are marked *

I do this to keep the spammers away * Time limit is exhausted. Please reload CAPTCHA.