In re Hawai'i Electric Light Co.Annotate this Case
The Supreme Court vacated two orders of the Public Utilities Commission (PUC) denying a competitive bidding waiver to Hawai'i Electric Light Company, Inc. (HELCO) and denying Hu Honua's request for reconsideration of the first order, holding that both orders were the result of a misreading of the holding in Matter of Hawai'i Electric Light Co., 445 P.3d 673 (Haw. 2019) (HELCO I).
In 2017, the PUC granted HELCO a waiver from competitive bidding for a proposed power purchase agreement HELCO wanted to enter into with Hu Honua (the amended PPA). The 2017 waiver was issued alongside the PUC's approval of the amended PPA. The Supreme Court vacated the decision and remanded for further proceedings. On remand, the PUC issued Order No. 37205 denying HELCO's request for a waiver under the belief that HELCO I nullified the 2017 waiver. In order No. 37306, the PUC denied Hu Honua's request for reconsideration. The Supreme Court reversed, holding that HELCO I did not vacate the 2017 waiver and, by extension, did not require the PUC to revisit the threshold waiver issue.