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FINDINGS OF FACT
The parties have stipulated some of the facts. The
stipulation of facts is incorporated by this reference.
Petitioner resided in Kaneohe, Hawaii, at the time the petition
was filed.
Solar Water Heating System
In or about 1994, petitioner investigated new water heating
systems in conjunction with remodeling his home. As part of his
investigation, petitioner authorized Joseph Miskowiec, a salesman
for Mercury Solar, an organization engaged in the sale of solar
energy heating systems, to conduct an energy audit of
petitioner’s home. The purpose of the energy audit was to
ascertain the amount of energy used in petitioner’s home, thereby
enabling Mr. Miskowiec to analyze whether petitioner should
install a solar water heating system in his home. Mr. Miskowiec
determined that petitioner’s hot water needs could be served by a
solar water heating system that would reduce petitioner’s total
monthly utility costs. Mr. Miskowiec ultimately recommended that
petitioner install a solar water heating system consisting of a
50-gallon storage tank, a 4- by 10-foot solar collector, a
heater, a pump, plumbing, controls, and sensors (collectively,
the heating system).
As part of his presentation to petitioner, Mr. Miskowiec
offered petitioner two options-–the option to purchase the
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Last modified: May 25, 2011