§269-15.5 Appeals. Except as otherwise provided in this chapter, an appeal from an order of the public utilities commission under this chapter shall lie, subject to chapter 602, in the manner provided for civil appeals from the circuit courts. Only a person aggrieved in a contested case proceeding provided for in this chapter may appeal from the order, if the order is final, or if preliminary, is of the nature defined by section 91-14(a). The commission may elect to be a party to all matters from which an order of the commission is appealed, and the commission may file appropriate responsive briefs or pleadings in the appeal; provided that where there was no adverse party in the case below, or in cases where there is no adverse party to the appeal, the commission shall be a party to all matters in which an order of the commission is appealed and shall file the appropriate responsive briefs or pleadings in defending all such orders. The appearance of the commission as a party in appellate proceedings in no way limits the participation of persons otherwise qualified to be parties on appeal. The appeal shall not of itself stay the operation of the order appealed from, but the appellate court may stay the order after a hearing upon a motion therefor and may impose conditions it deems proper, including but not limited to requiring a bond, requiring that accounts be kept, or requiring that other measures be taken as ordered to secure restitution of the excess charges, if any, made during the pendency of the appeal, in case the order appealed from is sustained, reversed, or modified in whole or in part. [L 1998, c 195, §1; am L 2004, c 202, §28; am L 2006, c 94, §1; am L 2010, c 109, §1; am L 2016, c 48, § §9, 14; am L 2019, c 213, §1]
Cross References
Contested cases, see §269-15.51.
Rules of Court
Appeals, see Hawaii Rules of Appellate Procedure; stay pending appeal, see HRAP rule 8.
Case Notes
Where a hearing on a petition for a declaratory order before the public utilities commission was discretionary and not required by law, the dismissal order was not a contested case under §91-1(5); therefore, because a direct appeal to the intermediate appellate court (ICA) under §91-14(b) and this section only applied to contested cases, appellant power company was not entitled to appeal the dismissal order directly to the ICA; thus, the ICA lacked jurisdiction over appellant's appeal. 126 H. 242 (App.), 269 P.3d 777 (2012).
Structure Hawaii Revised Statutes
Title 15. Transportation and Utilities
269. Public Utilities Commission
269-3 Employment of assistants.
269-5 Annual report and register of orders.
269-6 General powers and duties.
269-6.5 Electronic copies of documents.
269-7.5 Certificates of public convenience and necessity.
269-8 Public utilities to furnish information.
269-8.5 Annual financial reports.
269-10 Commission may compel attendance of witnesses, etc.
269-13 Right to be represented by counsel.
269-14.5 Appointment of receiver for public utilities.
269-15 Commission may institute proceedings to enforce chapter.
269-15.6 Alternative dispute resolution.
269-16 Regulation of utility rates; ratemaking procedures.
269-16.1 Performance incentive and penalty mechanisms.
269-16.22 Power purchase agreements; cost recovery for electric utilities.
269-16.3 Statewide rate increase surcharge assessment on ratepayers in emergency situations.
269-16.4 Annual fuel mix disclosure.
269-16.5 Lifeline telephone rates.
269-16.8 Aggregators of telephone service requirements.
269-16.85 Retail intrastate services; fully competitive.
269-16.91 Universal service subsidies.
269-16.93 Release of domestic abuse victims from shared wireless plans.
269-16.95 Emergency telephone service; capital costs; ratemaking.
269-17 Issuance of securities.
269-17.5 Issuance of voting stock; restrictions.
269-18 Acquirement of stock of another public utility.
269-19 Merger and consolidation of public utilities.
269-20 Certificates of public convenience and necessity for water carriers.
269-26 Investigation of water rates charged by lessee under state leases.
269-26.5 Preferential water rates for agricultural activities.
269-26.6 Preferential water carrier service rates for agricultural activities.
269-27 Prevention of unreasonable water rates.
269-27.1 Establishment of geothermal energy rates.
269-27.2 Utilization of electricity generated from nonfossil fuels.
269-27.3 Preferential renewable energy rates; agricultural activities.
269-27.4 Community-based renewable energy tariffs.
269-27.5 Construction of high-voltage electric transmission lines; hearing.
269-27.7 Preferential electricity rates; protected agriculture.
269-30 Finances; public utility fee.
269-31 Application of this chapter.
269-32 Injury to public utility property.
269-33 Public utilities commission special fund.
269-34 Obligations of telecommunications carriers.
269-36 Telecommunications number portability.
269-37 Compensation agreements.
269-38 Regulatory flexibility for effectively competitive services.
269-40 Access to advanced services.
269-41 Universal service program; establishment; purpose; principles.
269-42 Universal service program; contributions.
269-43 Carriers of last resort.
269-44 Solar water heater system standards.
269-45 Gas utility companies; renewable energy; reporting requirements.
269-47 Electric power systems data access and transparency; principles.
269-48 Coal power purchase agreements; prohibited.
269-51 Consumer advocate; executive director of the division of consumer advocacy.
269-52 Division of consumer advocacy; personnel.
269-54 General powers; duties.
269-55 Handling of complaints.
269-72 Electric vehicle charging system; rebate program.
269-73 Electric vehicle charging system; rebate program; administrator; establishment.
269-92 Renewable portfolio standards.
269-93 Achieving portfolio standard.
269-94 Waivers, extensions, and incentives.
269-95 Renewable portfolio standards study.
269-96 Energy-efficiency portfolio standards.
269-101.5 Maximum capacity of eligible customer-generator.
269-102 Standard contract or tariff; rate structure.
269-104 Additional customer-generators.
269-106 Billing periods; twelve-month reconciliation.
269-107 Net electricity consumers.
269-108 Net electricity producers; excess electricity credits and credit carry over.
269-109 Net electricity consumption or production information.
269-110 Termination by eligible customer-generators.
269-111 Safety and performance standards.
269-121 Public benefits fee authorization.
269-122 Public benefits fee administrator; establishment.
269-123 Requirements for the public benefits fee administrator.
269-124 Transitioning from utility demand-side management programs to the public benefits fee.
269-125 On-bill financing for energy efficiency and renewable energy.
269-144 Compliance and enforcement.
269-145 Grid access; procedures for interconnection; dispute resolution.
269-145.5 Advanced grid modernization technology; principles.
269-146 Hawaii electricity reliability surcharge; authorization; cost recovery.
269-147 Hawaii electricity reliability administrator; contracting.
269-148 Hawaii electricity reliability administrator; qualifications.
269-162 Applications to issue bonds and authorize green infrastructure fee.
269-163 Green infrastructure financing order.
269-164 Green infrastructure property.
269-165 Bonds financing order.
269-166 Green infrastructure fee; nonbypassable
269-167 Electric utility successor requirements; default of electric utility.
269-168 Treatment of bonds, fees, and property.
269-169 Green infrastructure property; non-impairment.
269-170 Green infrastructure loan program order; application.
269-171 Green infrastructure loan program order; issuance.
269-172 Electric utilities; cost recovery; billing agent.
269-175 Revenue bonds; exclusion from debt limit.
269-176 Financing order; adjustments to green infrastructure fee.