PUC Annual ReportâFiscal Year 2011-12 - Public Utilities Commission
PUC Annual ReportâFiscal Year 2011-12 - Public Utilities Commission
PUC Annual ReportâFiscal Year 2011-12 - Public Utilities Commission
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<strong>Public</strong> <strong>Utilities</strong> <strong>Commission</strong> <strong>Annual</strong> Report <strong>2011</strong>-<strong>12</strong><br />
State of Hawaii Page 46<br />
Pa Makani provides or intends to provide wireless mobile broadband, voice, and<br />
data telecommunications services to the residents and businesses on Hawaiian<br />
Home Lands throughout the State on a facilities-based and resold basis. On<br />
April 10, 20<strong>12</strong> the <strong>Commission</strong> approved Pa Makani’s ETC designation, finding<br />
that it meets the applicable federal and state requirements for designation.<br />
Private Water and Sewage <strong>Utilities</strong> Proceedings<br />
The <strong>Commission</strong> regulates 38 privately owned water and sewage treatment<br />
utilities that serve suburban, rural, and resort areas throughout the State. The majority<br />
of these utilities are located on the neighbor islands. The following is one of many<br />
docketed proceedings for these private utilities:<br />
• Indirect transfer of Manele Water Resources, Lanai Transportation, and<br />
Lanai Water—Docket No. 20<strong>12</strong>-0157<br />
On June 19, 20<strong>12</strong>, the <strong>Commission</strong> received an application filed by<br />
Castle & Cooke, Inc.; Castle & Cooke Resorts, LLC; Manele Water Resources,<br />
LLC; Lanai Water Company, Inc.; and Lanai Transportation Company, Inc. for<br />
approval of an indirect transfer and sale of the utilities from Castle & Cooke, Inc.<br />
to Lanai Island Holdings. Castle & Cooke, Inc.’s ultimate parent entity is the<br />
David H. Murdock Revocable Trust and Lanai Island Holdings, LLC’s ultimate<br />
parent entity is the Lawrence J. Ellison Revocable Trust. The sale of Manele<br />
Water Resources, LLC, a wastewater utility; Lanai Water Company, Inc, a water<br />
utility; and Lanai Transportation Company, Inc., operating as a common carrier of<br />
passengers, are three public utilities subject to the <strong>Commission</strong>s jurisdiction and<br />
regulation. The scope of the <strong>Commission</strong>’s proceeding is limited only to the<br />
indirect sale and transfer of the three Lanai-based public utilities.<br />
The <strong>Commission</strong> issued an Interim Decision and Order conditionally<br />
approving the transfer on June 25, 20<strong>12</strong>. The <strong>Commission</strong> has the right to<br />
ultimately disapprove the indirect transfer and sale of the three public utilities as<br />
part of the <strong>Commission</strong>’s future final decision on the application. The<br />
<strong>Commission</strong> chose to proceed with its interim decision despite deficiencies in the<br />
filing so as to not jeopardize the June 27, 20<strong>12</strong> closing date for the overall<br />
purchase and sale transaction, which remains subject to the <strong>Commission</strong>’s right<br />
to ultimately disapprove the indirect transfer and sale of the three public utilities.<br />
The parties submitted a procedural order, which was ultimately accepted<br />
by the <strong>Commission</strong> as modified on August 14, 20<strong>12</strong>. According to this schedule,<br />
Statements of Position from the Consumer Advocate and Lanaians for Sensible<br />
Growth are due in November 20<strong>12</strong>.<br />
Motor Carriers Proceedings<br />
The <strong>Commission</strong> regulates passenger and property motor carriers. Passenger<br />
carriers are classified by authorized vehicle seating capacity. They include tour