Waena Site Visit Questions & Answers

The land owned by Mahi Pono between Upper Division Road and the Waena Site is shown below and is part of a larger contiguous parcel, the boundaries of which are shown in red below. Hawaiian Electric does not have the specific measurements for the portion of the parcel. Proposers should do their own due diligence regarding this area of land and any impact it has on their Proposal.

No CAD drawings are available for the Waena site. All information that the Company is providing regarding the site can be found within the RFP documents or in any of the additional reports being provided subject to execution of a Mutual Non-Disclosure Agreement (“NDA”). Included in the RFP documents is a single line diagram depicting the required interconnection to the Company’s system at Waena Switchyard. This diagram, which is Attachment 5 to Appendix H, also requires execution of an NDA. The Waena single line diagram and additional studies can be requested via mauirenewablerfp@hawaiianelectric.com.

No height restrictions are identified in the RFP, however the Proposer will need to adhere to any government agency requirement or building permit/construction requirements.

The switchyard is expected to be in service later this year. As stated in the Maui Injection Analysis Update filed in Docket No. 2017-0352 on April 20, 2023, “[t]he Waena Switchyard has an injection limit of 105 MW, which does not take into account a 40 MW injection from the Companies’ proposed Waena BESS project submitted in Docket No. 2020-0132.” After accounting for the Waena BESS, a balance of 65 MW is left for potential proposals. Although the injection analysis shows a balance of 65 MW, Proposers should also note that two (2) generation tie points are being made available to Proposers in the RFP, and there is a maximum single point of failure of 20 MW. Please reference the Maui Injection Study Update for additional information and notes.

All available reports for the site can be requested via email (mauirenewablerfp@hawaiianelectric.com) once an NDA has been executed. The NDA is available as Appendix E of the RFP.

The RFP does not specify where the facility is built, with the exception of the areas noted as reserved for the switchyard and BESS. The Proposer will need to complete their due diligence to identify any land or permitting restrictions. Additionally, the facility should be designed so as not to impede any future use of the Waena Site or the Company’s ability to meet the County of Maui requirement that 33.2 acres of the 65.7-acre site be used for alternative energy. Note that the location of the facility may be moved by the Company prior to PPA execution for use efficiencies, cost considerations, regulatory restrictions or other considerations in the Company’s sole discretion. The Company will consult with the Independent Observer and the Independent Engineer regarding any relocation plans.

Both options being considered are allowed under this RFP. There is no requirement that interconnection be made at the Waena Switchyard nor that the generation facility is located at the Waena Site. Because there are only two (2) generation tie points available at the Waena Switchyard, efficient use of those tie points may be considered by the Company in selecting a project.

Primary communications must be company-owned microwave or fiber cable. The back-up communications can be company-owned microwave, fiber cable, or leased service.

There are no current plans to subdivide the property, however, as noted in Appendix F, if further subdivision of the Waena property becomes necessary, the terms and conditions provided in Attachment CC (Company-Owned Site) to the Firm PPA (“TCU”), may be converted to a lease mutually agreeable to the parties. Also, as noted in the TCU, “[i]n the event Company exercises its right to subdivide the Subdivision, (i) Seller agrees to share in the cost to subdivide the Subdivision on a pro rata basis with others utilizing land within the Subdivision, as determined by the Company, and (ii) Seller and Company shall cooperate in good faith to negotiate a lease for Seller’s use of the Company-Owned Site under terms mutually agreeable to the parties.” The above (i) and (ii) would not apply if the subdivision does not affect the Company-Owned Site.

If a proposed facility needs wells a Proposer will need to work with the appropriate regulators or government agencies on if and/or how that can be achieved.

69kV.

Not at this time.

The Waena BESS is still subject to PUC approval, so we don’t have a timeline of when it will be under construction or reaching COD.

The firm generation portion of this RFP is seeking at least 40 MW of Firm Renewable Generation, which could be paired with a BESS. Firm generation is a synchronous machine-based technology that is available up to 100% of the contract capacity at any time under Company dispatch for as long as needed, except during periods of outage and deration, independent of source energy resource availability. Firm generation must not be energy limited or weather dependent.

The terms and conditions of Attachment CC (Company-Owned Site) to the Firm PPA will apply for the use (license) of the Company-Owned Site if the selected Proposer chooses the Waena Site for its project. There will not be a separate lease unless, as noted in Question 9 above, the Waena Site is later subdivided.

Proposers must determine their own route for access to their proposed facility. A facility proposing access via Pulehu Road through the area not reserved for the Waena BESS or Waena Switchyard should consider locating any access road so as not to impede the future use of the areas around the proposed access road. A facility proposing access via Upper Division Road should note that it is a gated, privately-owned road, and that there is a sliver of land between Upper Division Road and the Waena property that is not owned by Hawaiian Electric, which appears to have irrigation equipment on it. Proposers would be responsible for working directly with the private land owner for rights to access Upper Division Road as well as any needed easements over the land between Upper Division Road and the Waena Site. Regardless of the proposed access route, Proposers are responsible for understanding all of the requirements that may come with their selected route, including the potential need for a turnout lane which may be required by Maui County.

Mahi Pono holds an easement for that irrigation ditch, and though it is not currently in use, should be maintained so that it can be used in the future, if necessary. A facility utilizing that area (such as for an access road) would need to ensure the continued operability of the irrigation ditch, such as through the construction of a culvert with an opening of at least 24 inches. The design of any such solution would be subject to review and approval by Mahi Pono.

It will be the responsibility of the Proposer to determine what permits are needed and what challenges may be encountered in receiving those permits. However, the Company recommends that all Proposers complete a thorough review of potential impacts related to issues including, but not limited to, cultural/archaeological impacts, environmental study requirements, emissions, air traffic, and road traffic. It will be critical that any selected Proposer has a thorough understanding of all such requirements and is willing and able to conduct the necessary research and outreach to ensure a successful project.

1. Please refer to the Final Order of Condemnation describing Easements 3 and 4, including a letter agreement attached as that contains further information (description of Easement 4 is on pages 7-8 of the pdf, description of Easement 3 is on page 10 of the pdf). Neither description states the easements to be exclusive or non-exclusive, however, we are also not aware of any other party that has asserted rights to these easements.
2. See the Final Order of Condemnation and response to question 1 above.
3. To the extent that an easement is necessary for a proposer’s project, Hawaiian Electric does have an easement template that can be provided at such time as it is determined to be required.