Justia Utilities Law Opinion SummariesArticles Posted in Supreme Court of Hawaii
In re Haw. Electric Light Co., Inc.
The Supreme Court affirmed the decision of the Public Utilities Commission (PUC) rejecting the power purchase agreement between Hu Honua and the Hawai'i Electric light Company, Inc., holding that there was no error in the PUC's decision to reject the power purchase agreement between the parties.At issue was the denial of Hua Honua's request for regulatory approval to supply energy to Hawai'i Island using a biomass power plant. In declining to approve the project on remand, the PUC found that the project would produce massive greenhouse gas (GHG) emissions and significantly increase costs for rate-payers. The Supreme Court affirmed, holding that the PUC understood its public interest-minded mission and properly followed this Court's remand instructions to consider the reasonableness of the proposed project's costs in light of its GHG emissions and the impact on Intervenors' right to a clean and healthful environment. View "In re Haw. Electric Light Co., Inc." on Justia Law
In re Maui Electric Company, Ltd.
The Supreme Court affirmed the decision of the Public Utilities Commission (PUC) approving a power purchase agreement (PPA) between Maui Electric Company, Limited (MECO) and Paeahu Solar LLC (Paeahu), holding that the PUC satisfied its public trust duties in this case.Under the PPA, MECO would purchase renewable energy from Paeahu's solar-plus-battery plant located within the Ulupalakua Ranch on Maui. Pono Power Coalition, a Maui community group, challenging the winning bidders' post-selection use of the same counsel to negotiate non-price PPA terms and asserting that the PUC failed to fulfill its public trust duties. The Supreme Court affirmed, holding (1) this Court declines to inject antitrust standards into PPA approval proceedings; (2) the PUC appropriately evaluated the allegations of anticompetitive conduct; (3) the statutes governing the PUC's PPA review reflect the core public trust principles; and (4) the PUC properly approved the PPA. View "In re Maui Electric Company, Ltd." on Justia Law
In re Application of Hawaiian Electric Co.
The Supreme Court held that the Public Utilities Commission (PUC) did not abuse its discretion in deciding not to reopen a December 2014 order (Order No. 32600) upon allegations raised in 2019 that changed circumstances warranted relief from the order.The order at issue approved a purchase power agreement (PPA) in which Hawaiian Electric Company agreed to purchase wind energy generated by Na Pua Makani on a wind farm to be constructed on the island of O'ahu. Life of the Land (LOL) sought to reopen the order with reference to Hawai'i Rules of Civil Procedure Rule 60(b). The PUC denied LOL's motion for relief, concluding that it was without jurisdiction to consider the motion because LOL had not timely appealed the order under Haw. Rev. Stat. 269-15.5 and, alternatively, that the motion for relief was an untimely motion for rehearing or reconsideration. The Supreme Court affirmed, holding that the PUC did not abuse its discretion in declining to turn to HRCP Rule 60(b) to reopen Order No. 32600. View "In re Application of Hawaiian Electric Co." on Justia Law
In re Hawai’i Electric Light Co.
The Supreme Court vacated two orders of the Public Utilities Commission (PUC) denying a competitive bidding waiver to Hawai'i Electric Light Company, Inc. (HELCO) and denying Hu Honua's request for reconsideration of the first order, holding that both orders were the result of a misreading of the holding in Matter of Hawai'i Electric Light Co., 445 P.3d 673 (Haw. 2019) (HELCO I).In 2017, the PUC granted HELCO a waiver from competitive bidding for a proposed power purchase agreement HELCO wanted to enter into with Hu Honua (the amended PPA). The 2017 waiver was issued alongside the PUC's approval of the amended PPA. The Supreme Court vacated the decision and remanded for further proceedings. On remand, the PUC issued Order No. 37205 denying HELCO's request for a waiver under the belief that HELCO I nullified the 2017 waiver. In order No. 37306, the PUC denied Hu Honua's request for reconsideration. The Supreme Court reversed, holding that HELCO I did not vacate the 2017 waiver and, by extension, did not require the PUC to revisit the threshold waiver issue. View "In re Hawai'i Electric Light Co." on Justia Law
In re Application of The Gas Company, LLC
The Supreme Court vacated the decision of the Public Utilities Commission (PUC) approving an application for a rate increase submitted by Hawai'i Gas (HG) and remanded this case to the PUC for further proceedings, holding that the PUC did not fulfill its statutory obligations under Haw. Rev. Stat. 269-6(b).Specifically, the Supreme Court held (1) as "persons aggrieved" who participated in the contested case, Appellants had standing to appeal; (2) PUC failed to carry out its mandate under section 269-6(b); (3) the PUC's limitations in sub-issue No. 1h violated Appellants' due process rights by improperly curtailing Appellants' substantive participation; and (4) the PUC did not abuse its discretion in adjudicating HG's rate case rather than proceeding through rule-making. View "In re Application of The Gas Company, LLC" on Justia Law