LOL Challenges PUC`s Private Repository Docket System

by | Nov 6, 2024 | Case Updates, News & Blog

LIFE OF THE LAND, by and through its attorney, Diego Rivera (Law Office of Diego A. Rivera, LLLC) filed a legal brief with the Public Utilities Commission on November 4, 2024.

Hawaiian Electric Company requested that the Public Utilities Commission open a new proceeding for HECO’s proposed request related to acquiring grid-scale resources, non-wires alternatives, and grid services as described in its Integrated Grid Plan. The Commission opened the proceeding, docket no. 2024-0258, on August 19, 2024.

The Commission specifically excludes from this Order any language that invites interested persons to move to intervene or participate in this docket. Instead, this repository docket, by design, provides interested persons with the opportunity to participate in the process set forth in the Framework without the need to formally intervene in the docket.”

LOL`s Brief noted that the Commission has the discretion to accept motions, either to intervene by interested parties or to participate without intervention by parties with limited interest. However, there are no laws, rules, or regulations or any other legal basis for pre-emptive bans on filing motions to intervene.

As noted in the LOL brief, the concepts of improper rulemaking, due process, and the Commission’s failure to abide by case law, statutes such as HRS § 91, apply to the way the Commission is mishandling this proceeding.

The brief deals only with this proceeding. However, there are numerous other Dockets that illustrate the Commission’s long and continuing opacity and avoidance of public participation in matters that are legally required to be transparent and open to the public, as they directly affect every member of the public.

Separately, Life of the Land filed requests with the Commission on November 4 to allow intervention in three non-dockets that focus on the Maui fires and rolling blackouts, issues of great importance to the people of Hawai`i.

In addition, the Gas Company filed its Integrated Resource Plan with the Commission in May of 2023. In opening the docket, the Commission asserted that phase 2 would allow intervenors to comment on the plan, however, phase 2 never occurred. Life of the Land hereby requests that Phase 2  be initiated post haste.

We believe that issues that affect everyone in Hawai`i MUST be publicly available and the decision-making process should be done in a way that promotes inclusion.

A vital democracy demands citizen engagement, and citizens can only be engaged when the correct information is provided and when the public can meaningfully participate in the process!