Report Title:

PUC Proceedings; Motion to Intervene

 

Description:

Requires that an application filed with the public utilities commission be complete and available for public review before the period for filing a motion to intervene in a proceeding based on the application begins to run.

THE SENATE

S.B. NO.

1340

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE PUBLIC UTILITIES COMMISSION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The public utilities commission currently allows incomplete applications to be filed. Interested parties may intervene to protect their interest. Section 6-61-55(d), Hawaii Administrative Rules, states, "Intervention may not be granted except on allegations which are reasonably pertinent to and do not unreasonably broaden the issues already presented."

Time limits for intervention are imposed. After the time limits for intervention have passed, the applicant is free to significantly alter the application. The public utilities commission does not allow intervention based on the new record. This violates the rights of entities to protect their interests.

SECTION 2. Chapter 269, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§269-    Motion to intervene. In proceedings other than rate increase cases or cases involving a request for the issuance or transfer of a certificate of public convenience and necessity or contract carrier's permit, the period for filing a motion to intervene based upon an application filed with the commission shall begin to run only after the application has been deemed complete by the commission and has been made available for public review at the commission's main office and county offices."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________