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The Honolulu Advertiser
Updated at 7:55 p.m., Wednesday, April 16, 2008

SUPERFERRY
Audit criticizes Lingle administration on ferry decisions

By Derrick DePledge
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

“The state may have compromised its environmental policy in favor of a private company’s internal deadline,” state auditor Marion Higa concluded.

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The state may have compromised its environmental policy because of pressure from Hawaii Superferry executives who were worried about financing for the interisland ferry project, the state auditor has concluded.

The auditor found that an internal June 2005 deadline imposed by Superferry executives "drove the process" and pushed the state Department of Transportation to bypass an environmental review.

The deadline, according to the auditor, was tied to Superferry's agreement with Austal USA to secure

enough financing to pay the Mobile, Ala., based shipbuilder to construct two high-speed ferries.

The federal Maritime Administration, which approved a $140 million loan guarantee for ferry construction, wanted confirmation that no environmental assessment of harbor improvements be required because of the risk that environmental concerns could jeopardize port access.

But Maritime Administration officials told the auditor they did not set the June 2005 deadline as a precondition of the loan guarantee.

"In the end, the state may have compromised its environmental policy in favor of a private company's internal deadline," state auditor Marion Higa concluded. "It remains to be seen whether these decisions will cost the state more than its environmental policy."

State lawmakers required the performance audit as part of a law passed in special session last fall that allowed Superferry to resume operations while the state conducts an environmental impact statement. Legal challenges and public protests had halted ferry service after the state Supreme Court ruled in August that the state's decision to exempt $40 million in state harbor improvements from environmental review was in error.

The auditor's main finding was that the June 2005 deadline was not imposed by the federal government, but related to an agreement between Superferry and Austal. The audit questions whether the state did "sufficient due diligence to verify whether the deadline was valid for the reasons Hawaii Superferry, Inc., claimed."

John Garibaldi, Superferry's chief executive officer, said yesterday that Superferry has consistently portrayed the June 2005 deadline as necessary for both federal and private equity financing. He described the agreements with the Maritime Administration, Austal USA and primary investors J.F. Lehman & Co. as interrelated.

"They were all dependent upon each other. No one stood on its own," Garibaldi said. "I think that's what we tried to express to people."

Garibaldi declined to comment on other findings in the audit because he had not yet seen a copy.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.