PUC Annual Report–Fiscal Year 2004-05 - Public Utilities Commission

Public Utilities Commission Annual Report 2004-05State 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 Year, the Commission 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 Commission collected $6,463 in interest and penalties for thelate payment of revenue fees. At the end of the Fiscal Year, all, except two (2), order to showcause dockets were pending.C. OPERATING AS A PUBLIC UTILITY WITHOUT A CERTIFCATE.The Commission is authorized to institute order to show cause proceedings to investigatealleged or suspected violations of any rule, regulation, order, or other requirement. TheCommission 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 Commission.In June 2004, the Commission 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 Commissionconcluded that MW and the Association are providing water service to the public as a public utilitywithout a CPCN. In January 2005, the Commission 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 2005, the Commission held an order to show cause hearing. At theend of the Fiscal Year, the Commission’s decision in this proceeding was pending.D. MOTOR CARRIER CITATIONS.The Commission 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 Commission, the State Department of Transportation is authorizedto assign the department’s motor vehicle safety officer to assist the Commission in assessing civilpenalties.The Commission 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 Year, civilpenalties collected through motor carrier citations totaled $6,700. The Commission 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 Commission is responsible for collecting andcompiling all inquiries concerning public utilities. Commission 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 Commissionreceived a total of 2,302 inquiries in the Fiscal Year, mostly relating to motor carriers.