Report Title:

Public Utilities Commission; Proceedings; Public Notification; Intervention; Website

 

Description:

Requires the public utilities commission to notify the public about new regulatory proceedings via its website and changes the deadline for intervention in certain proceedings to be no later than 20 days after posting of the preceding notice on the commission's website.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1475

TWENTY-FIFTH LEGISLATURE, 2009

 

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 law requiring state agencies to be open and to allow review of governmental records is fairly clear.  Section 91‑2(b), Hawaii Revised Statutes, states:  "No agency rule, order, or opinion shall be valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been published or made available for public inspection as herein required, except where a person has actual knowledge thereof."

     Currently, a majority of state and county agencies, with the exception of the public utilities commission, notify the public about new regulatory proceedings in one or more of the following ways:  website, email, or United States mail.  For the past several years, the public utilities commission has had problems notifying people about new proceedings.  The public utilities commission requires people to visit the public utilities commission office to review binders that may be out of date, in order to learn of proceedings.

     Section 6‑61‑57(3), Hawaii Administrative Rules, allows interventions in proceedings no later than twenty days after an application is filed.  The legislature finds that this rule does not take into account whether potential intervenors have had any reasonable means of determining that the proceeding has been initiated.

     The purpose of this Act is to require the public utilities commission to provide the public with reasonable notice of regulatory proceedings by posting notifications of proceedings on its website.  This Act would also change the deadline for intervention in certain proceedings from no later than twenty days after an application is filed, to no later than twenty days after the public is notified of the initiation of a proceeding.

     SECTION 2.  Section 269‑1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

     ""Commission", where used in this section, means the public utilities commission of the State.

     "Proceeding" means any matter brought before or initiated by the commission, and over which the commission has jurisdiction to entertain and dispose."

     SECTION 3.  Chapter 269, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§269‑    Proceedings; notification.  (a)  Notice of any proceeding shall be posted on the commission's website within twenty-four hours after the filing of the petition or application initiating the proceeding.

     (b)  The commission may maintain an email list of individuals who wish to be notified of the commission's proceedings.

     §269‑    Proceedings; time to intervene.  A motion to intervene or participate in a proceeding shall be filed and served on all parties and the consumer advocate no later than twenty days after notice of initiation of the proceeding has been posted on the commission's website; provided that the proceeding is not among the following:

     (1)  A proposed public utility rate increase;

     (2)  A request for issuance or transfer of a certificate of public convenience and necessity; or

     (3)  A request for issuance or transfer of a contract carrier's permit."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2009.

 

INTRODUCED BY:

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