Wow, look at this, 1 out of 4 Act 2 Quarterly Reports was actually done

Was looking for a link to help someone look at the old, unconstitutional Act 2 Draft EIS, and came across this:

Act 2 Quarterly Report

Jan-March 2009 Quarterly Report

Cartoon had not seen

In the emails changing hands, this one came in today. Had not seen it until now:

Copies of the bankruptcy filings

From MarineLog at: http://www.marinelog.com/DOCS/NEWSMMIX/2009may00310.html

You can see the Hawaii Superferry petition HERE

You can see the HSF Holding petition HERE

May 31, 2009

"Hawaii Superferry files for Chapter 11"

Hawaii Superferry and its parent company, HSF Holding Inc., filed for Chapter 11 bankruptcy protection in U.S. Bankruptcy Court in Delaware on May 30...

One potential charterer for the Alakai and Huakai would appear to be the Pentagon. The two Joint High Speed Vessels (JHSV) in the defense budget now before Congress are of basically the same design. And in testimony to the House Armed Services Committee on May 13 Defense Secretary Robert Gates said:"to improve our intra-theater lift capacity, we will increase the charter of Joint High Speed Vessels (JHSV) from two to four until our own production program begins deliveries in 2011."

Meanwhile, Superferry has just $1 million in cash and is facing a $2.9 million principal and interest payment on one of the ferry construction loans.

The U.S. Maritime Administration guaranteed construction loans for the two catamarans on which $135.7 million of principal is outstanding while $22.9 million is outstanding on loans from Austal USA.

The Maritime Administration and Austal USA have first and second mortgages on the Superferry vessels, while the State of Hawaii has a third mortgage...

You can see the Hawaii Superferry petition HERE

You can see the HSF Holding petition HERE

Hawaii Superferry Files for Bankruptcy Protection

E-mailed this to friends shortly after it came out today. A little slow in getting this up here. There are a number of interesting deductions one can come to based on this. Will just wait to see it play out:

From: http://www.bloomberg.com/apps/news?pid=20601087&sid=aG5jmmubowI0&refer=home

"Hawaii Superferry Files for Bankruptcy Protection"
By Bob Van Voris

May 30 (Bloomberg) -- Hawaii Superferry Inc., which provided high-speed ferry service for cars and passengers between Hawaii’s Oahu and Maui islands, filed for bankruptcy protection today.

Hawaii Superferry and parent HSF Holding Inc. filed Chapter 11 bankruptcy petitions in Wilmington, Delaware. They cited a Hawaii Supreme Court ruling in March that struck down a state law permitting the company to operate before completing an environmental impact statement...

The company, which reported more than $100 million in assets and debts in its bankruptcy petition, said it will use the bankruptcy to close its business completely and liquidate the operation...

Decline in Tourism

The law struck down by the Hawaii Supreme Court was enacted in November 2007 to permit the ferry to keep operating despite a series of successful state court legal challenges, Hawaii Superferry said in a court filing. The high court ruled that the law was intended specifically to benefit the company, in violation of the state constitution.

In addition to the court decision, Hawaii Superferry said its business was hurt by a decline in tourism, a 2008 increase in fuel prices and a price war between airlines that provided inter-island service in Hawaii.

The case is: In re HSF Holding Inc., No. 09-11901, U.S. Bankruptcy Court, District of Delaware (Wilmington).

Love's Bakery and Aloha Air Cargo

Aloha Air Cargo to fly Love's Bakery products to Neighbor Islands
Honolulu Advertiser - Honolulu,HI,USA
For Maui deliveries the flights will help fill a void created when the Hawaii Superferry shut down in March. "Together, Love's Bakery and Aloha Air Cargo ...

Love's is in the air in new deal
Honolulu Star-Bulletin - Honolulu,HI,USA
For Love's one solution was the Hawaii Superferry, which carried its baked goods to Maui until its service was halted by the courts. ...

No meth with HSF?

From: http://www.mauinews.com/page/content.detail/id/518919.html?nav=10

"Police: Meth is growing on Maui"
Economy driving many to sell, use, transport narcotics, experts say
May 25, 2009

WAILUKU - Crystal methamphetamine and other narcotics are showing signs of a resurgence on Maui, due to the dismal economy, according to a Maui Police Department vice officer.

As people find themselves unemployed and desperate, they increasingly turn to the drug trade to try to make money, said police officer Ken Doyle. Others start using drugs like meth to stay awake while they work multiple jobs to support their children. And addicts of all ages often say they started using drugs to cope with a dysfunctional or broken family life, he said...

"If the economy doesn't get better, (the drug problem) is going to get worse," Doyle said.

The Maui police had "intel" that drug traffickers were using the Hawaii Superferry to transport meth from Honolulu to Maui, before the ferry service shut down, he added. That presented an especially difficult channel to block, because Maui police didn't have jurisdiction over activities on the high seas, he said.

Meth is rarely manufactured in Hawaii but is usually smuggled into the islands from "superlabs" on the Mainland and in Mexico, said federal Drug Enforcement Agency investigator Linda Martin...

A big part of the credit goes to a law passed several years ago requiring drugs that contain pseudoephedrine, like Sudafed, to be taken off store shelves and distributed by pharmacists, with buyers required to show identification. The chemical is a critical ingredient in meth, and drug labs had been sending runners to buy up whole shelfloads of the congestion medicine before its sale was restricted, she said...

Question about the flammability of aluminium‏?

Received the following question:

"This is just idle curiosity... I was reading this article on the JHSV and just wondering what happens to one of these aluminum vessels in a war zone when someone drops some white phosphorus on it? Would it burn? Just wondering."

This question reminded me of the following Op-Ed piece by Retired Admiral James Lyons, former CINCPAC, where he wrote, "We continue to ignore the lessons drawn from the Falklands War where British ships with aluminum superstructures burned to the gunwales in a littoral sea fight with Argentine aircraft-delivered iron bombs and French short-range Exocet missiles."

So I decided to go looking for a little more information on this.

First, aluminium's melting point:
Melting point 933.47 K
(660.32 °C, 1220.58 °F)

Second, in looking up white phosphorus or WP, found this quote, "With a burn temperature of over 2200 degrees centigrade, the white phosphorus obliterates..." Also found this picture.

Third, here are a couple of related paragraphs out of Google books on this subject, one and two. But, the best clarification I found on the subject is here, definitely worth reading.

Fourth, as it pertains to these vessels, here is an interesting discussion with timely pictures onboard one of these aluminium vessels in question.

Lastly, here are a couple of related videos, one and two.

So an answer to the question is this:

I would say white phosphorus could burn some of the aluminium on the surface, but more importantly enough of it dropped overhead or otherwise activated within the structure (for example in the manner that was done in the Falklands War) at a minimum would cause aluminium structures to lose strength, become distorted, and fail.

Comments a year later on HSF Business Viability notes for Eco-Roundtable

May 21, 2009

A copy of the analysis a year ago is below. Some comments and additions a year later.

First, the analysis was pretty much correct. Got the forecast of the ups and downs of their business for the rest of the year correct. Most useful in the analysis was the comparison to air travel and breaking down the cost ineffectiveness of their vessel's 3rd and 4th hours of transport under the same revenue generating load. Fuel prices from the last quarter of 2008 forward turned out not to be their biggest problem, which was Act 2's unconstitutionality, although marine diesel fuel prices and HSF's heavy use of it in transits of more than 2 hours is still cost ineffective and their single biggest operational problem on these routes.

Second, I left out an analysis of cargo. HSF's competitors in cargo are Aloha Air Cargo and Young Brothers barges. Of the two HSF more closely competed with Aloha Air Cargo. Still Aloha Air Cargo delivers mostly at night and HSF delivered during the day. There was a little bit of a nitch there. I have sense heard from industry insiders that if HSF returns, they will be targeting the cargo market, and not necessarily passenger or vehicle traffic per se. With slightly different pricing and transport arrangements (including driver not required to go with delivery), the cargo nitch could be noteworthy.


HSF Business Viability notes for Eco-Roundtable
Thursday, May 22, 2008

Subject: Roundtable notes
Date: Tue, 20 May 2008

1) I'm honored to be here, was inspired by events here on Kauai last August and September, 2007.

2) Last fall I decided to start a research project and evaluation of HSF making use of standard company, industry, and economic analysis...to try and read beyond the headlines and between the lines of what the likely real situation is on this issue.

3) Was asked to speak today about the economic and business viability of Hawaii Superferry. I have only a few minutes here, so I'll try to be brief, but I will post a more complete version of this on my blog within a few days.

4) First, the events of the broader global economy have much to do with the increasing cost of energy, namely oil-derived energy and fuel, but also the declining value of the U.S. dollar and ballooning U.S. debt., and the increasing economic status and energy consumption of China and India. Quoting the AP, the increasing global demand for oil is being driven by China and India, 'which guarantee a market into the long term.'

5) Crude oil prices have more than doubled in the past year, from $62.50 a barrel in May 2007 to $100 a barrel in February 2008 to $125-$126 late last week, and $129 today. Most transportation companies are hoping that this is just a speculative run-up and that prices will subside some and soon. But, oil experts and Wall Street industry analysts have voiced opinion in the media over the past few weeks that they expect oil prices to stay in the $100 to $150 per barrel for the rest of this year.

6) Here in Hawaii transportation companies, including Aloha and ATA, are having terminal difficulty with these escalating oil/fuel prices. In fact, all transportation companies would be having difficulty with this. As a result the state has lost 10% to 15% of the flight capacity in and out of the state and projections from the Council on Revenues and almost all economic research bureaus within the state have changed their forecasts within the past few months to little or no growth in the state's economy for the next year or two.

7) Regarding the Superferry, from Pacific Business News last year, "Whether Hawaii Superferry will be profitable is something that concerns Alan Lerchbacker, the former CEO of Austal USA, which built the ferry. 'I just worry about them getting enough business to cover costs because of the sheer size of it,' said Lerchbacker. Lerchbacker said he suggested a 72-meter vessel only to see the company order the 100-meter model. 'For a smoother ride on the ocean, that ferry will have to go over 35 knots, and it costs a lot of money on fuel to go that fast,' he said."

8) Late last year HSF disclosed their operating costs were $650,000 per week, with the increase in marine diesel oil (MDO) fuel cost to over $1000 per metric ton or over $3.75/gal* for MDO at the retail level, their weekly costs since last fall have increased at least an additional $105,000 per week due to fuel alone. That means the 1/4 ridership/vehicle capacity they needed before just to cover fuel costs has increased now to about 1/3 capacity just to cover fuel costs. HSF has been running recently at loads of 1/4 to 1/3 capacity for the early runs and a 1/4 or less for the evening runs. A little more than their second and third quarters of ridership are needed to cover the rest of their expenses, leaving less than the top quarter of full capacity to net income, at current prices. If HSF doubled their current prices per person from $39 to $80 and per vehicle from $55 to $110, their ridership breakeven levels would be half what they are now, but demand would likely drop off for their services.

9) HSF competitors for transporting people interisland are Hawaiian, Island Air, and Go Airlines (with parent co. Mesa expecting financing difficulties soon). All are currently charging about $100 to $125 and more for one-way tickets actually available online. HSF is currently charging 1/3 of that. HSF's competitor for transporting cars interisland is Young Brothers. YB currently charges about $250 to move a car interisland. HSF currently charges 1/4 of that. Of those two the one with the greatest disparity and the greatest market potential for HSF is the fast movement of cars interisland.

10) HSF burns about 6000 gallons of marine diesel oil fuel one-way from Oahu to Kauai in 3 hours. I spoke with Hawaiian pilots yesterday and they burned 400 gallons of jet fuel (about the same price as MDO, 3.60 to 3.80 per gallon*) from Oahu to Kauai in 30 to 35 minutes, transporting 123 people. That's 1/15th of 6.5% of the fuel that HSF takes to do the same route. If you multiply 15 times the 123 people, Hawaiian transports 1845 people burning the same amount of fuel cost that it takes for HSF to transport a maximum of about 866 people. Hawaiian Air is at least twice as efficient at moving people interisland as is HSF.

11) Regarding this vessel's cost ineffectiveness at these route distances. With the 4 diesel jet engines and the amount of fuel they burn, the Alakai and other vessels like it around the world in the past have been cost effective on one-way routes of 1 to 2 hours or distances of 30 to 75 miles per revenue generating load. Distances further than that with the same revenue generating load are cost ineffective. HSF's planned one-way route distances in Hawaii are 105 to 160 miles, with the 3rd and 4th hours of fuel expense under the same revenue generating load being cost ineffective.

12) HSF also appears to have close working relationships with Roberts Hawaii, Loves, Fedex, Commodity Freight Forwarders (CFF), Expediters and recently increasing military and civil service personnel on vacation from Oahu bases. Individual commercial businesses (not making use of CFF) from Maui (or an outer island) to Oahu would have to stay overnight. Currently, only businesses from Oahu to Maui can return later the same day. Hertz, Alamo/National, Dollar, and Thrifty all allow their cars to be transported on HSF. HSF does not have a fly-drive arrangement with Hawaiian Air, verified with HSF's reservations department, referred to by CEO Fargo in PBN.

13) In recap, HSF is unlikely to ever be profitable as a commercial business only. Furthermore, it is only marginally competitive moving people interisland. HSF's most noticeable market potential is in rapid transport of vehicles interisland, quite likely at the expense of Young Brothers. Little to no road improvements on islands such as Kauai do not appear to be ready to receive that kind of influx. HSF may have an uptick in ridership in June, July, and August, but will likely have a drop off in Fall 2008 and problems again with high surf in Winter 2008-9. In the meantime HSF investors appear to be willing to accept operating losses at current levels provided progress continues on other related investments.

Aloha, Brad

More about New Scoping for the EIS

Was thinking back on an old post here, http://hisuperferry.blogspot.com/2008/04/hi-superferry-mit-masters-thesis-on.html, quoting from that:

A very interesting MIT Masters Degree thesis on ferry selection. I cite it here:

"Assessing High Speed Waterborne (HSW) Services, Based on Synthetic Aspects of Route Characteristics, Transport Economy, and Vessel Performance"
http://dspace.mit.edu/bitstream/1721.1/36092/1/41094021.pdf
LEONIDAS M. TH. KAMBANIS File Format: PDF/Adobe Acrobat...break even analysis...'Superferry II'......dspace.mit.edu/bitstream/1721.1/36092/1/41094021.pdf

Leonidas Kambanis did another thesis for a second Masters Degree at MIT that is also very interesting. It is "Analysis and Modeling of Power Transmitting Systems for Advanced Marine Vehicles" http://dspace.mit.edu/bitstream/1721.1/36067/1/33950380.pdf
And is about the selection of propulsion systems for advanced marine vehicles taking into consideration design, cost-benefit, and propulsion for the needed purpose.

It is my belief that a commercial ferry for Hawaii should have about half the engine power of the Alakai and burn about half its fuel from a cost-benefit standpoint, given the route distances involved here.

Worth reading/reviewing are the above two thesises on ferry selection based on route conditions, distances, fuel consumption, and type of vessel, which I submit, was never properly done in this case. (That's right 'Kimo', was not properly done, or is it Tim?) It is one key reason why there should be new Scoping Meetings for the EIS in this case.

Aloha Air Cargo handling interisland overnight demand just fine

From: http://www.ediblecommunities.com/hawaiianislands/pages/articles/spring09/airDelivery.pdf

"Air Delivery Sustains Island Taste Buds"
By Tim Ryan Edible Hawaiian Islands Spring 2009

How long does it take to get a 1,500-pound water buffalo from Honolulu
to Kaua`i?

Well, even without actor Ben Stiller and company wanting it
“right now” for his Kaua`i-based film Tropic Thunder, Aloha Air Cargo
just loaded the beast inside one of its five Boeing cargo planes and had
the surprisingly docile animal there in about the usual length of an
inter-island flight.

“Definitely one of the most unusual shipments for us,” said Eddie
Araujo, director of sales for Aloha Air Cargo. “We shipped it in an open
air crate without any problems. But the two handlers decided not to fly
with it.”

Though Aloha Air Cargo had its beginnings as a unit of the former
Aloha Airlines, originally carrying freight in the cargo holds below
the floors of regular passenger flights, the company now uses Boeing
737-200 aircraft to carry a variety of products between Honolulu, Hilo,
Kona, Kahului and Lihue.

Aloha Air Cargo averages 14 to 16 departures a day from Honolulu
to the Neighbor Islands, handling 175,000 pounds of goods daily.
Maui, Kaua`i and the Big Island in return ship to Honolulu 50,000–
75,000 pounds of goods daily.

For Hawai`i residents hungry for fresh fruits, vegetables, fish, some
meats and other perishables coveted for freshness, no cargo is more
important than these.

Perishables, including cut flowers, make up about 30 percent of
the company’s business, Araujo said. Packaged goods like deli products,
sushi and even Bentos for businesses like 7-11 make up another
15 percent.

“People want to buy food grown closer to home,” Araujo said. “Air
[transport] allows Neighbor Island farmers to pick fruits and vegetables
closer to their ripeness and get them to market as a better-tasting product.”

Locally caught fish are not frozen but covered with Gel-Paks for
shipping. Most of the fish the company ships is out of Honolulu to
the Neighbor Islands, including imported fish products. Aloha Air
Cargo is the only overnight carrier to offer refrigeration capabilities at
all Hawaiian Island locations. “Let’s say we get a perishable from a
Lihue grower at 7 p.m., we’ll have it in the hands of the Honolulu distributor
by 6 the next morning,” Araujo said. “It’s a win-win for the
grower, the consumer and for Aloha Air Cargo.”

"Aloha Air Cargo is the only overnight carrier to offer
refrigeration capabilities at all Hawaiian Island locations."

Shipments move very quickly. Perishables received in Honolulu
between 5 and 7 p.m. go out on the first bank of flights from 8:30 to
9:30 p.m.

“That means it’s picked up by Neighbor Island distributors at 4
a.m.,” Araujo said.

The company continues to progressively support the state’s position
for more sustainability and is working with Neighbor Island farmers
and the Hawai`i Farm Bureau to initiated future programs.

“We put together a pilot program in December 2007 to enable
farmers to take advantage of our same-day and overnight services to
Honolulu at a very attractive rate,” Araujo said. Aloha Air Cargo now
is putting together an even more comprehensive system-wide program
for the farm bureau that will include Hawai`i-grown products as well
as packaged perishable products out of Honolulu to the Neighbor Islands.

After Aloha Airlines’ passenger service went out of business in
March 2008, the company and its creditors, with the help of U.S. Sen.
Daniel Inouye, sold the airline’s profitable cargo division to Seattlebased
Saltchuk Resources, Inc. (Saltchuk Resources has been doing
business in Hawai`i since 2000, when it acquired Young
Brothers/Hawaiian Tug & Barge.)

Aloha Air Cargo also has daily charters for its relished same-day
service. Through partnerships with other Hawai`i airlines and
international carriers, Aloha Air Cargo can arrange shipments from
any Hawai`i city to any destination worldwide.

DHL, Federal Express, Love's Bakery, UPS and the U.S. Postal
Service are some of the notable shippers.

“We take our responsibilities very carefully to not only get products
to a location on time but safely, whether it’s a 3/4-ton water buffalo
or watermelons,” Araujo said.

New Scoping Meetings for EIS Needed

From: http://volcanicash.honadvblogs.com/2009/05/18/interisland-ferry-issues-bigger-than-superferry/

Interisland ferry issues bigger than Superferry May 18th, 2009 by David Shapiro

Many in the community still have hope that the Hawaii Superferry will be back after legal and environmental issues are resolved.

But chances of that happening seem dim with the Superferry auctioning off its physical belongings and canceling its leases on O'ahu and Maui while its two ships are being refitted in Alabama for other duty.

It's too bad; without getting into the complex question of who was to blame for its messy departure, the Superferry offered valuable travel and shipping options to local residents and businesses and deserved a fair chance to prove whether it was economically viable.

UH law professor emeritus Dick Miller and Betty Sugarman make an interesting argument that in an island state like ours, a ferry is effectively part of the highway system and the state has a responsibility to promote ferry service between the islands whether the Superferry returns or not.

"Providing an inexpensive, reliable, and reasonably frequent way for members of the public to travel between our islands is almost as much a need and as much a compelling governmental obligation as providing safe, uncongested highways, and as providing rail service for residents of O’ahu," they argue.

"Of all the states, only Hawai’i’s landmass is divided so significantly among several islands. The ability that most citizens of other states have to visit other areas within their state by just hopping into their vehicles is just not available to us. Nor can our businesses inexpensively transport their products to islands other than the one on which they are located.

"To serve these needs the closest equivalent to a highway system would be inexpensive, reliable, and regular ferry service. It is the state’s job to fulfill this responsibility, just as all states assume responsibility for highways."

We're in the throes of battle fatigue from the Superferry conflict and nobody is likely to take up the cause anytime soon, but for the long term, Miller and Sugarman make good sense...

Responses to “Interisland ferry issues bigger than Superferry”

1. zzzzzz:
   May 18th, 2009 at 7:22 am

   I question whether an 'inexpensive, reliable, regular ferry service' between islands is technically and economically possible.

2. innocent observer:
   May 18th, 2009 at 9:03 am

   don't agree with profs - the state is not obligated to provide nonhighway interisland travel, but they may. If the state gets involved in such services, then it will open a pandoras box. Will the state need to provide support to the airliness also for interisland service? And if the state is involved, the taxpayers will pay, which will mean more taxes to the people. Nothing is free. These services are to be provided by private enterprises - such an airlines, etc. and the cost is borne by the users and not the whole populace.

   However, the feds do provide resources to airlines and shipping companies for interstate travel.



3. Mauibrad:
   May 18th, 2009 at 9:32 am

   David,

   Regarding the points by UH law professor emeritus Dick Miller and Betty Sugarman, now is a good time to bring this up. The DOT is internally developing the scope of the EIS right now. My hunch is that it is very narrow right now in an effort to finish the EIS quickly, for what? In the meantime soon HSF is likely to be committed to as much as 2 year leases on those vessels. So what's the rush with a narrow EIS?

   In Alaska, Washington state, and Texas among others the state owns the ferry system. Therefore it allows the ferries not to have to be profitable as with a concession, they just have to cover their operating costs. State owned, better decisions can be made towards a sustainable and viable ferry system. In reading your quotes from Miller and Sugerman, that is the implication I see.

   The type of vessel and even the type of entity of ownership should be a part of a new Scope for the EIS on this.



4. William Kibby:
   May 18th, 2009 at 12:57 pm

   Last time I checked, the highways in Alaska were inadequate and few and far between. Which is why The Alaska State Ferry System is part of the State Highway System. It is known as "The Alaska Marine Highway System."
   

Auction it all...Laters...They outta here!?

Damn, if I were on Maui or Oahu, would go check out the auction. Sounds like some cool chit up for auction:

From: http://www.honoluluadvertiser.com/article/20090515/BREAKING01/90515081

Updated at 3:20 p.m., Friday, May 15, 2009
"Hawaii Superferry to auction array of items from short stay"
by Christie Wilson

KAHULUI, Maui — Souvenir hounds and bargain hunters will get a chance to bid on remnants of Hawaii Superferry's short-lived and contentious operations at auctions to be held on Maui and Oahu.

Everything from restroom trailers, portable offices, traffic cones, light towers, office furniture, Superferry shirts and shoe scrubbers will go on the auction block at 10 a.m. tomorrow at the former ferry terminal at Kahului Harbor, located at Puunene and Kaahumanu avenues.

The Oahu auction will take place at 10 a.m., May 23, at Honolulu Harbor Piers 19 and 20. Items include tools, a 10,000-pound power winch, animal carriers, luggage scales and carts, security camera systems, ticket counters, food service items, computers and life preservers...

"IT IS HEREBY ORDERED that the motion for reconsideration is DENIED"

Here is the Decision on the Motion for Reconsideration:
http://www.state.hi.us/jud/opinions/sct/2009/29035recond.pdf

Here is the Order of Amendment on the original Opinion of March 16, 2009: http://www.state.hi.us/jud/opinions/sct/2009/29035am.pdf

Here is the Amended Opinion of the Majority of the Court from March 16, 2009: http://www.state.hi.us/jud/opinions/sct/2009/29035opam.pdf

Here is the Concurring and Dissenting Opinion of the minority from March 16, 2009:
http://www.state.hi.us/jud/opinions/sct/2009/29035conam.pdf

You can read them all or just read the title here to get the point. This is done...for now.

Responses to the Motion for Reconsideration

Haven't read them yet, here they are:

05/13/2009	S.Ct.	29035 [pdf]	The Sierra Club v. The Department of Transportation of the State of Hawaii (Order Denying Motion for Reconsideration). S.Ct. Opinion, filed 03/16/2009, 120 Haw. 181. Concurring and Dissenting Opinion by J. Nakayama, in which C.J. Moon joins. S.Ct. Order, filed 03/20/2009 [pdf]. S.Ct. Order of Amendment, filed 05/13/2009 [pdf]. Amended S.Ct. Opinion, filed 05/13/2009 [pdf]. Amended Concurring and Dissenting Opinion by J. Nakayama, in which C.J. Moon joins [pdf].
05/13/2009	S.Ct.	29035 [pdf]	The Sierra Club v. The Department of Transportation of the State of Hawaii (Order of Amendment). S.Ct. Opinion, filed 03/16/2009, 120 Haw. 181. Concurring and Dissenting Opinion by J. Nakayama, in which C.J. Moon joins. S.Ct. Order, filed 03/20/2009 [pdf]. S.Ct. Order Denying Motion for Reconsideration, filed 05/15/2009 [pdf]. Amended S.Ct. Opinion, filed 05/13/2009 [pdf]. Amended Concurring and Dissenting Opinion by J. Nakayama, in which C.J. Moon joins [pdf].
05/13/2009	S.Ct.	29035 [pdf]	The Sierra Club v. The Department of Transportation of the State of Hawaii (Amended Opinion). Amended Concurring and Dissenting Opinion by J. Nakayama, in which C.J. Moon joins [pdf]. S.Ct. Opinion, filed 03/16/2009, 120 Haw. 181. Concurring and Dissenting Opinion by J. Nakayama, in which C.J. Moon joins. S.Ct. Order, filed 03/20/2009 [pdf]. S.Ct. Order Denying Motion for Reconsideration, filed 05/15/2009 [pdf]. S.Ct. Order of Amendment, filed 05/13/2009 [pdf].

"Motion? What motion? Denied!"...3 more days for no action denial

Was wondering recently about where is the response to the Motion for Reconsideration. Was thinking that I need to start checking again daily the RSS feeds from the HI Supreme Court. Then, today, I got word of this in my Google alerts from Poinography! and Planet Kauai:

Motion? What motion? Denied.

Hmmm. The Hawaii Supreme Court has not (so far as I know) responded to the Lingle administration’s motion to reconsider the Superferry ruling. More than ten days have elapsed since her motion and the Senate’s amicus brief were submitted nearly a month ago.

According to the procedure Charley Foster helpfully wrote about earlier, the decision invalidating Act 2 still holds...

Filed under: Hawaii Media, Hawaii State Politics — Doug - May 10, 2009

Comments:

1. The Hawaii Supreme Court issued an order in the case, extending until May 15, 2009 the time within which it could act on the Motion for Reconsideration.

   DOUG: Mahalo, Mr. Bennett. When did this happen (and how did I miss it)?

   Comment by Mark Bennett — May 11, 2009 @ 2:01 pm

2. The Hawaii Supreme Court fairly routinely issues orders extending the 10-day automatic denial deadline in reconsideration motions (these orders are not usually published, so only the parties are informed, generally speaking). Most likely, that is what happened here.

   Comment by Robert Thomas — May 11, 2009 @ 5:51 pm

And from:

What it means to ask the Superferry court to reconsider

...Under Hawaii Rules of Appellate Procedure, Rule 40, Motion for Reconsideration, a party can file a motion for reconsideration stating the points of law or fact that the party contends the court has overlooked or misapprehended, together with a brief argument on the points raised.

The court has 10 days to either grant or deny the motion, and failure on the court’s part to respond one way or the other is deemed a denial of the motion.

MauiBrad said...

"The court has 10 days to either grant or deny the motion, and failure on the court’s part to respond one way or the other is deemed a denial of the motion."

They shouldn't even respond to this last ditch desperate political maneuver. Will find it amusing when day 10 passes and there has been no response.

3/20/2009

MauiBrad said...

OMG, I don't even remember posting the prior comment. Even with the extention to 5/15/09, it is starting to look like the denial by no action might just happen as Doug @ Poinography wrote about on May 10th and apparently Mark Bennett commented on May 11th. So we got 3 days left for the no action denial. Grounds for another party?

5/12/2009

Austal video update from 'Bama...bet AM needs welders

"More Austal USA employee cuts"
Slow company construction to blame
Published : Wednesday, 06 May 2009

MOBILE, Ala. - It was a depressing morning outside Austal USA. "I saw about 40 people walk out the door before I did", said former Austal employee Dustin Moesch.

"I've been looking forward to a good job for a long time and I get one and then they cut me", said Moesch.

Austal spokesman Don Keeler said cuts were made because there is a "lull" in company construction. "We've been talking to a few people and we're working through trying to handle this lapse in production", said Keeler.

Keeler wouldn't say exactly how many employees were cut, but does say he hopes that no one else has to be let go.

"We're doing our best to do design work, to get ready for our new production coming in the fall. We've been awarded the LSC-4 contract through the navy and we're also working on the joint high speed vessel for the navy", said Keeler...

Comment by "Donut" · 3 days ago:
As an employee that was laid off on May 6th, I can honestly say that what Mr Keeler has left out is the fact that they laid off even more employees today after he told the press that he hoped they wouldn't have to layoff anymore people. He knew then they were going to do more layoffs. What was also failed to be mentioned was the fact that when they laid us off they also informed us that our insurance benefits would be terminated as of midnight the day they laid us off. That was a double slap in the face. There are those of us who require medications that we can not otherwise afford without insurance that we must take daily in order to regulate such things as High Blood Pressure. They are also neglecting to state that they are reporting to the unemployment office that we were fired due to excessive absenteeism.


Also from: http://blog.al.com/press-register-business/2009/05/austal_lull_leads_to_layoffs.html

"Mobile shipbuilder Austal USA plans layoffs to fight gap in contract orders"
By Kaija Wilkinson, Press-Register May 6, 2009

Austal USA is laying off employees this week, most of them welders, as the Mobile shipyard deals with a lull in its order book, Don Keeler, vice president of human relations, said today. Keeler declined to give the number of affected employees and would not say whether a public report of 100 job cuts was accurate.

The news comes on the heels of last week's announcement that Austal will build a second littoral combat ship for the U.S. Navy as part of a contracting team led by General Dynamics.
Full-scale LCS production will not start until the fall, according to Austal officials.

Austal is also scheduled to start production in November on the first ship in a potential $1.6 billion, 10-vessel contract to build high-speed transports for the military...

COMMENT Posted by "layedoff" on 05/06/09 at 6:25PM:
167 people were layed off today including the entire 2009 class of apprentices. All of which had signed contracts with Austal to work there after finishing our apprenticeship for a certain period of time.

Aluminium ships in combat, "Burn to the gunwales"

Time will tell...

Navy awards contract for Littoral Combat Ship WTVM - Columbus,GA,USA The contract calls the Coronado to be built at the Austal USA shipyard in Mobile, Ala., with General Dynamics' Bath Iron Works overseeing the contract. ...

General Dynamics Awarded Contract for Additional Trimaran Littoral ... MarketWatch (press release) - USA Partners include Austal USA (Mobile, Ala.); BAE Systems (Rockville, Md.); General Dynamics Advanced Information Systems (Fairfax, Va. ...