The dispute over nighttime well drilling at Puna Geothermal Venture remains headed toward litigation after a compromise proposed by Hawaii County Council member Margaret Wille failed to gain support from either side of the issue.
Wille introduced a resolution asking PGV to stop drilling at night during the weekend to reduce impacts to neighbors while also requesting that Puna Pono Alliance withdraw its lawsuit against the geothermal power plant and the county seeking to stop all drilling from 7 p.m. to 7 a.m.
But she withdrew the measure Tuesday during an Agriculture, Water and Energy Sustainability Committee meeting after a dozen testifiers, including PGV representatives and their critics, all spoke against it, though for different reasons.
The geothermal opponents and critics said the county should enforce a law passed in 2012 banning nighttime geothermal drilling, while PGV representatives reiterated their stance that such restrictions even for a few days a week could present safety issues.
“It’s about time the county government come step in and protect the quality of life and the health and safety of the Puna community,” said Robert Petricci, PPA president. “Not put the interests of a corporation before that.”
Mike Kaleikini, PGV’s senior director of Hawaiian affairs, said putting time restrictions on drilling could affect the mechanical integrity of the well or create a gas buildup.
“It has to do with safety first,” he said.
The dispute stems from different interpretations of the drilling ban, passed in response to PGV’s last drilling project, which neighbors said disrupted their sleep.
Several council members at the time said PGV’s existing geothermal resource permit provides it “vested rights,” and its drilling can’t be restricted by a new county ordinance. The county’s attorneys have also agreed with that interpretation.
But the law still doesn’t specify an exemption for PGV, leaving some, including several current council members, to question whether the county’s only geothermal power plant gets a pass on the ordinance.
Still, the council declined to pass a resolution last month seeking to take the issue to court, and PPA filed its own suit citing both PGV and the county as defendants.
Petricci said the defendants have until this week or next week to respond to the litigation.
PGV is drilling the well to maintain production levels. The plant has a contract with Hawaii Electric Light Co. for up to 38 megawatts, but problems with a well has resulted in output dropping to about 28 to 30 mgw, Kaleikini previously said.
Drilling started mid-February and paused Feb. 27 after the first phase was completed.
The plant plans 49 days of drilling in total.
Email Tom Callis at tcallis@hawaiitribune-herald.com.