Report Title:

PUC, Intervenors Fund

 

Description:

Establishes a public utilities commission intervenors pilot project fund to be administered by the commission to assist intervenors in investigations conducted by or proceedings held before the commission.

 

THE SENATE

S.B. NO.

487

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 legislature finds that the public utilities commission permits intervention by individuals and entities and has instituted rules governing the conditions under which an individual or entity may intervene. In an application to intervene, a potential intervenor must demonstrate the extent to which the applicant's interest is not represented by existing parties, the extent to which the application's participation can assist in the development of a sound record, the extent to which the applicant's participation will broaden the issues or delay the proceeding, and the extent to which the applicant's interest in the proceeding differs from the general public.

The legislature further finds that there are individuals and entities who would qualify for intervention in a proceeding before the public utilities commission, but who do not, and who in fact cannot, because of the financial cost involved. Due to the complexity and the technical nature of the proceedings before the public utilities commission, intervention without sufficient resources is difficult if not impossible.

The legislature finds that because intervenors play an invaluable role in bringing important public issues to the public utility commission's attention and in presenting a broad range of relevant information when there are consumer groups with conflicting interests, an intervenor pilot project fund would provide an overall community benefit by encouraging those individuals or entities who would qualify for intervention and who would otherwise intervene except for cost, to decide to intervene.

The purpose of this Act, therefore, is to strengthen the existing intervenor program by establishing a two-year intervenor pilot project fund to be administered by the public utilities commission to assist intervenors in electric utility cases before the commission.

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

"§269- Public utilities commission intervenors pilot project fund. (a) There is established in the state treasury a fund to be known as the public utilities commission intervenors pilot project fund, which shall be administered by the public utilities commission for the purpose of assisting persons who are permitted to intervene in any investigation by or proceeding before the commission as provided in this section.

(b) There shall be deposited into the intervenors pilot project fund a portion of the costs and fees paid or collected pursuant to section 269-30(a), and all moneys appropriated to, received by, and collected by the public utilities commission for the assistance of intervenors in commission investigations and proceedings; provided that the amount of all moneys on balance in the intervenor pilot project fund shall not exceed $500,000 at any one time.

(c) Upon a showing that:

(1) Intervention has been granted in an investigation or proceeding involving electric utilities;

(2) The intervenor has a need for financial assistance;

(3) The intervenor has made reasonable efforts to secure funding elsewhere, without success;

(4) The intervenor will maintain accurate and meaningful books of account on the expenditures incurred and will allow the public utilities commission to review these accounts upon request; and

(5) The intervenor will make a significant contribution to the investigation or proceeding;

moneys shall be expended from the intervenors pilot project fund for the payment of an intervenor's representation by counsel as allowed under section 269-13, the presentation of evidence, including but not limited to expert testimony, and any other reasonable fees and expenses.

(d) The public utilities commission shall submit a report to the legislature detailing all moneys received by and disbursed out of the intervenors pilot project fund prior to the convening of each regular session.

(e) The commission shall adopt rules pursuant to chapter 91 as may be necessary to implement this section."

SECTION 3. There is appropriated out of the public utilities commission special fund of the State of Hawaii the sum of $500,000, or so much thereof as may be necessary for fiscal year 2001-2002, and the same sum, or so much thereof as may be necessary, for fiscal year 2002-2003, for deposit into the public utilities commission intervenors pilot project fund as established by this Act. The sums appropriated shall be expended by the public utilities commission for the purposes of this Act. On June 30, 2003, any unexpended balance in the public utilities commission intervenors pilot project fund from the appropriations contained in this section shall be transferred to the public utilities commission special fund.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2001.

INTRODUCED BY:

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