§269-7 Investigative powers. (a) The public utilities commission and each commissioner shall have power to examine into the condition of each public utility, the manner in which it is operated with reference to the safety or accommodation of the public, the safety, working hours, and wages of its employees, the fares and rates charged by it, the value of its physical property, the issuance by it of stocks and bonds, and the disposition of the proceeds thereof, the amount and disposition of its income, and all its financial transactions, its business relations with other persons, companies, or corporations, its compliance with all applicable state and federal laws and with the provisions of its franchise, charter, and articles of association, if any, its classifications, rules, regulations, practices, and service, and all matters of every nature affecting the relations and transactions between it and the public or persons or corporations.
(b) The commission may investigate any person acting in the capacity of or engaging in the business of a public utility within the State, without having a certificate of public convenience and necessity or other authority previously obtained under and in compliance with this chapter or the rules promulgated under this chapter.
(c) Any investigation may be made by the commission on its own motion, and shall be made when requested by the public utility to be investigated, or by any person upon a sworn written complaint to the commission, setting forth any prima facie cause of complaint. A majority of the commission shall constitute a quorum. [L 1913, c 89, §5; RL 1925, §2193; RL 1935, §7945; RL 1945, §4706; RL 1955, §104-6; HRS §269-7; am L 1991, c 57, §5]
Case Notes
Shipping from port to port in Territory is interstate commerce. Commission has no jurisdiction to regulate rates and charges of common carrier by water in interstate commerce for transportation of persons and property from port to port. 24 H. 136 (1917).
Not repealed by Shipping Board Act (Sept. 7, 1916, 39 Stat. 451). 32 H. 127 (1931).
To establish rate basis, fix fair rate. 33 H. 487 (1935).
Interisland shipping. 33 H. 890 (1936), aff'd 96 F.2d 412 (1938), aff'd 305 U.S. 306 (1938).
Duty to require compliance with federal law. 47 H. 1, 384 P.2d 536 (1963).
PUC may dismiss complaint without a hearing or investigation. 64 H. 289, 639 P.2d 1103 (1982).
The billing disputes would fall within the broad provisions of §269-6 and this section, as a dispute between telecommunication carriers regarding billing and compensation for services, but this would not deprive the court of jurisdiction over the matters. The language of the statutes indicates only that the public utilities commission (PUC) would have jurisdiction over matters such as transactions between carriers, and not that the PUC would have exclusive jurisdiction. 131 H. 257, 318 P.3d 97 (2013).
Cited: 665 F. Supp. 2d 1189 (2009).
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.