<strong>Public</strong> <strong>Utilities</strong> <strong>Commission</strong> <strong>Annual</strong> Report <strong>2004</strong>-<strong>05</strong>State of Hawaii Page 46Figure 17INFORMAL COMPLAINT SURVEYFiscal <strong>Year</strong> <strong>2004</strong>-<strong>05</strong>3-Was your complaint resolved to your satisfaction?2%39%59%Yes (28.5)No (18.5)No Response (1)Figure 18INFORMAL COMPLAINT SURVEYFiscal <strong>Year</strong> <strong>2004</strong>-<strong>05</strong>4-If you called us and spoke with our staff, were they courteous and professional?0%Yes (34)No (0)100%
<strong>Public</strong> <strong>Utilities</strong> <strong>Commission</strong> <strong>Annual</strong> Report <strong>2004</strong>-<strong>05</strong>State of Hawaii Page 47B. FINANCIAL REPORTING AND PAYMENT OF PUBLIC UTILITIES FEE.The applicable law and administrative rules require regulated utilities and transportationcarriers to annually submit financial reports and to pay certain public utility revenue fees.During the Fiscal <strong>Year</strong>, the <strong>Commission</strong> issued 25 show cause orders to motor carriersand 24 orders to telecommunications providers who failed to submit financial reports and failed topay required revenue fees. The <strong>Commission</strong> collected $6,463 in interest and penalties for thelate payment of revenue fees. At the end of the Fiscal <strong>Year</strong>, all, except two (2), order to showcause dockets were pending.C. OPERATING AS A PUBLIC UTILITY WITHOUT A CERTIFCATE.The <strong>Commission</strong> is authorized to institute order to show cause proceedings to investigatealleged or suspected violations of any rule, regulation, order, or other requirement. The<strong>Commission</strong> may assess a civil penalty not to exceed $25,000 for each day of violation, neglect,or failure to conform to or comply with Chapter 269, HRS, or any lawful order of the <strong>Commission</strong>.In June <strong>2004</strong>, the <strong>Commission</strong> opened an investigation of an informal complaint filed byMokuleia Beach Colony against Mokuleia Water, LLC (“MW”) and Mokuleia Water UsersAssociation (“Association”). Based on its investigation of the complaint, the <strong>Commission</strong>concluded that MW and the Association are providing water service to the public as a public utilitywithout a CPCN. In January 20<strong>05</strong>, the <strong>Commission</strong> issued an order to show cause to MW andthe Association for failure to comply with Chapter 269, HRS, by operating as a public utilitywithout a CPCN. In June 20<strong>05</strong>, the <strong>Commission</strong> held an order to show cause hearing. At theend of the Fiscal <strong>Year</strong>, the <strong>Commission</strong>’s decision in this proceeding was pending.D. MOTOR CARRIER CITATIONS.The <strong>Commission</strong> issues civil citations to motor carriers for violations of the Motor CarrierLaw, Chapter 271, HRS. The citations impose a civil penalty, typically $500 or $1,000 perviolation. At the request of the <strong>Commission</strong>, the State Department of Transportation is authorizedto assign the department’s motor vehicle safety officer to assist the <strong>Commission</strong> in assessing civilpenalties.The <strong>Commission</strong> has been successful in its efforts to enforce the law by issuing citationsto discourage illegal motor carrier activities on Oahu and the neighbor islands. Some of thecommon types of motor carrier citations relate to operating without a CPCN, the failure tomaintain the required liability insurance and improper vehicle marking. For this Fiscal <strong>Year</strong>, civilpenalties collected through motor carrier citations totaled $6,700. The <strong>Commission</strong> enforcementofficers issued 22 motor carrier citations on the following islands: Oahu (10), Hawaii (7),Kauai (4), and Maui (1).VII.INQUIRIES.In addition to consumer complaints, the <strong>Commission</strong> is responsible for collecting andcompiling all inquiries concerning public utilities. <strong>Commission</strong> staff receives various requests forinformation relating to utilities, transportation carriers, gasoline price cap, one call center, generalregulated matters, and non-regulated matters. As shown in the table below, the <strong>Commission</strong>received a total of 2,302 inquiries in the Fiscal <strong>Year</strong>, mostly relating to motor carriers.
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