As state regulators gear up for the trial-like phase of one of the biggest business deals in Hawaii鈥檚 history 鈥 the proposed $4.3 billion purchase of Hawaiian Electric Industries by NextEra Energy 鈥 they are also looking for more office space.
For years criticized as woefully understaffed, the has lawyered up and hired new policy researchers, a compliance chief and executive officer, among other positions.
In fact, Randy Iwase has added so many employees since he took over as chairman that the agency has run out of room in its downtown office building. He鈥檚 increased the overall staff from 32 to 50 workers since January when he was appointed by Gov. David Ige.
There are plans to transfer some PUC employees to the basement of another state facility while the Territorial Office聽Building undergoes a multi-million-dollar renovation that will expand office capacity.
In the meantime, staff members are finding desk space where they can to pore over tens of thousands of pages of documents filed in the NextEra case, not to mention the other major dockets before the PUC and dozens of additional matters the agency oversees, from water and sewage to telecommunications and transportation.
鈥淕iven the bean-counter nature of Budget & Finance, they couldn鈥檛 grasp the urgency.” 鈥 Mina Morita, former PUC chair
Space constraints aside, Iwase said he now has the staff and resources he needs to handle the merger case and the other important issues facing聽the PUC.
鈥淲e are ready to go,鈥 he聽said when asked about聽the evidentiary hearing in the NextEra case that starts Nov. 30 at Blaisdell Center. A PUC decision on whether to approve the deal is expected next summer.
Iwase has capitalized on the groundwork laid by his predecessor, Mina Morita, who fought for legislative approval to reorganize the PUC by pulling it away聽from the Department of Budget and Finance and moving it to the Department of Commerce and Consumer Affairs.
鈥淕iven the bean-counter nature of B&F, they couldn鈥檛 grasp the urgency and need to really look at salary structures of the kinds of positions that the PUC needed,鈥 Morita said. 鈥淯nder DCCA, the mission’s more aligned. It鈥檚 about oversight of regulated entities.鈥
That transfer, which is about聽80 percent complete, has given the PUC greater independence and flexibility to not just bring more staff on board but boost historically low salaries to the point where the agency can now attract new employees and retain experienced professionals, Iwase said.
鈥淲e鈥檝e stopped the bleeding,鈥 he said.
Improving Morale
The Legislature has given the PUC additional room to grow but it will have to wait on space becoming available in the next couple years. Lawmakers have authorized 65 positions and a $17.8 million budget for fiscal 2016, which started July 1.
The only request the PUC made of lawmakers last session, which ended in May, was continued support for the agency鈥檚 internal restructuring.
Iwase has brought on six new attorneys, four more employees for the policy research section and a compliance chief. He鈥檚 also filled vacancies for district representatives on Kauai and Maui.
鈥淔or the first time in many years, they have the professional staffing that they need, or at least have started to assemble that in a way that will help them to deal with these technical issues,鈥 said Ige, who helped secure the funding as head of the Senate money committee before becoming governor.
There are also key new positions.
Delmond Won is filling a critical role as executive officer, Iwase said. He was director of planning and regulatory affairs at Young Bros., served on the Land Use Commission in the 1990s and the Federal Maritime Commission under President Bill Clinton.
鈥淭he pickings were slim,鈥 said Iwase. “But those who did apply had heart, had commitment, and were young. This future we鈥檙e creating at the PUC, they鈥檙e going to聽live it. I鈥檓 not going to be around a long time.”
In addition to adding positions, Iwase had to stem the tide of turnovers.
“People left the PUC for a reason, and it wasn鈥檛 just because of money.” 鈥 PUC Chair Randy Iwase
It wasn’t just losing people to the private sector and trying to compete with those wages. Employees were leaving for other state agencies, too.
Iwase said morale was low when he arrived. He said he’s worked to address that by treating the legal team, for instance, as professionals instead of law clerks. One of the new lawyers he’s hired will be joining Tom Gorak, chief legal counsel, during the NextEra evidentiary hearing.
鈥淧eople left the PUC for a reason, and it wasn鈥檛 just because of money and it wasn鈥檛 just because of job offers elsewhere,鈥 Iwase said. 鈥淵ou can stay in a place where you believe in what you鈥檙e doing even if the pay is not commensurate with the private sector if the work is rewarding and lets you demonstrate your abilities.鈥
Outside observers who work regularly with the PUC have seen positive changes.
Robert Harris, public policy director of , a major solar energy developer, said PUC staff members seem pleased with the additional resources.
鈥淢orale and attitude at the commission has significantly improved,鈥 Harris said.
Iwase agreed, saying,聽鈥淭he staff and the new people coming in have infused us with new energy.”
Reorganization And聽Resources
Morita can trace her efforts to transform the PUC back to 2003, when she was a legislator and chair of the House Energy and Environmental Protection Committee.
She recalled working with the Hawaii Energy Policy Forum on a study identifying the barriers to clean energy policy. Regulation was identified as an obstacle, so the Legislature ordered a management audit of the PUC and Division of Consumer Advocacy, the agency tasked with advocating for the public鈥檚 interest in rate cases and other dockets before the commission.
The audit, , found that both agencies lacked vision and plans 鈥 the same problems identified in an audit 30 years earlier. The audit said that severe staffing shortages could compromise the quality of the agencies鈥 work and result in delay.
As a state lawmaker, Morita said she worked in 2007 to create new positions for the PUC, which were later funded but then cut due to the recession. In the past couple years, however, the Legislature has been able to direct more resources to the agency and, under Morita鈥檚 urging as then-chair of the PUC, pass a bill in 2014 that transferred the agency to DCCA.
鈥淣ow the PUC chair has a little more autonomy,鈥 Morita said. 鈥淲hen I was attached to B&F, I had no control over my budget. Every expense had to be approved by the director, which is crazy because you鈥檙e spending money that鈥檚 already been authorized through the budgeting process.鈥
She said聽small clerical errors would come back for corrections and airfare for work-related trips would increase while her staff waited for approval.
DCCA Director Catherine Awakuni Colon, who was appointed by Ige in late December, previously served as the chief legal counsel for the PUC. Her department also oversees the Division of Consumer Advocacy, headed by Jeff Ono.
Ono said it was Morita who laid the groundwork for where Hawaiian Electric 鈥 or whatever company may end up running the utilities on Maui, Big Island and Oahu 鈥 should be headed.
He noted the PUC鈥檚 published last year that lays out the vision, business strategies and regulatory policy changes required to align the Hawaiian Electric companies鈥 business model with customers鈥 interests and the state鈥檚 public policy goals, including reducing the reliance on imported fossil fuels.
鈥淚 have just the utmost respect for Mina Morita,鈥 Ono said. 鈥淪he did a remarkable job when she was chair of the PUC.鈥
Setting The Blueprint
While Morita effectively laid the groundwork, Iwase has been successful at getting stagnant dockets moving forward.
鈥淕iven the amount of time he鈥檚 had in his position and his background, he鈥檚 been able to move things along quickly,鈥 Ono said.
Last month, the PUC issued a decision affecting rooftop solar and battery storage issues in the distributed energy resources docket that had sat idle for months.
The 322-page order ended the popular net energy metering program, grandfathering in everyone who already has put photovoltaic panels on their roofs or applied to do so by Oct. 12. It created new options for rooftop solar, but effectively halved the amount of credit that consumers had been receiving on their electric bills for the energy produced by the solar panels on their roofs.
Earlier this month, the PUC issued a nearly 200-page order in the power supply improvement plans docket 鈥 another major piece of work that had been gathering dust 鈥 that told the Hawaiian Electric companies that they needed to address several shortcomings in their plans and set a timeline for resubmitting them.
鈥淲e鈥檙e moving forward regardless of who鈥檚 in control.” 鈥 PUC Chair Randy Iwase
Iwase attributes the movement in these dockets, which he considers just as important as the NextEra merger, in large part to the boost in staff.
鈥淭hese set the blueprint,鈥 he said. 鈥淚t鈥檚 how we are going to have a 21st century energy industry in the state of Hawaii, and how we鈥檙e going to achieve our 100 percent renewable energy goal in 2045.鈥
There are two other major dockets 鈥 decoupling and demand response 鈥 that Iwase similarly plans to push.
鈥淲e鈥檙e moving forward regardless of who鈥檚 in control,鈥 he聽said. 鈥淭his is the plan they will follow.鈥
Decoupling was an effort to incentivize investment in renewable energy by moving away from the model of the utility making money off the electricity it sold. In the demand response docket, there鈥檚 a focus on establishing mechanisms that encourage electricity consumers to use energy at certain times of the day to help balance the load and better utilize renewable sources.
鈥淭he complexity of issues before the PUC聽right now is mind-boggling,” Morita said.
She compared Hawaii’s PUC to California’s, which has 20 times as many employees.
鈥淲e鈥檙e more on the cutting edge than any of them and you鈥檙e basically doing it with 60 people or less,” she said.
‘No Place I’d Rather Be’
While the PUC has seen a healthy boost in staffing levels, the Consumer Advocate is struggling with limited resources.
鈥淚 need more people,鈥 Ono said.
When he took over in January 2011, he had a staff of 12 鈥 roughly half as many employees as the division had before the recession. The current goal is to at least build back up to where the agency once was.
The division is at 17 employees now 鈥 a mix of engineers, attorneys, accountants, economists, researchers and clerical workers.
The Legislature authorized 24 positions and $4.16 million for 2016, but it鈥檚 been a challenge to fill current vacancies.
鈥淭he money is there,鈥 Ono said.
There are openings now for an engineer as well as rate and research analysts. Ono said he鈥檚 been trying to fill the engineer position for five years, but the effort has been hampered by the nature of the work and the pay.
鈥淲e get a lot of applicants, but then when they find out what kind of work we do they say, 鈥榥o thank you,鈥欌 he said.
Instead of engineering analysis, calculating the amount of force a certain structure can withstand or designing water or electrical systems, Ono said his engineers often are reviewing applications filed by an electric or water utility, determining if there鈥檚 alternatives to an overhead line, for instance, or other aspect of the proposal that might be able to be improved in a way that makes it more in the public interest.
“We鈥檙e extraordinarily busy because of the merger.” 鈥 Consumer Advocate Jeff Ono
Plus, staff members occasionally have to appear as witnesses before the PUC during quasi-judicial hearings.
鈥淪ome people just do not want to do that,鈥 Ono said, adding that he feels fortunate to have the two electrical engineers that he has.
He’s working to adjust salary schedules to help attract and retain employees. That process took Morita four years.
“There has to be some attention put to the Consumer Advocate,” she said.
Despite his limited resources, Ono said he feels good about the work his staff does and its ability to hit deadlines.
鈥淚t is a lot of pressure,鈥 he said. 鈥淩ight now we鈥檙e extraordinarily busy because of the merger.鈥
Iwase said he has been impressed by what the Division of Consumer Advocacy has accomplished.
鈥淚 feel sorry for Jeff. I hope he is allowed to ramp up his staff,鈥 Iwase said, adding that it鈥檚 admirable Ono 鈥渄idn鈥檛 lie down and play dead.鈥
In the NextEra case, the Consumer Advocate has come out against the proposed merger, filing hundreds of pages of testimony explaining why the deal is not in the public鈥檚 interest. Many of those reasons are similar to those the governor has shared in his opposition to the deal, including the lack of benefits to customers and losing local control of the utility company to a Florida-based energy giant.
Like the PUC, the Consumer Advocate has relied on consultants to provide expert opinions on the matter.
Before the merger was announced last December, Ono had requested a $700,000 increase in his consultancy budget. Fortunately, he said, a couple of Hawaiian Electric rate cases he鈥檇 planned on using a chunk of that money for were abbreviated, so he鈥檚 been able to use the funding for the NextEra docket instead.
Ono鈥檚 not complaining, despite the stress and long hours he and his staff have been putting in.
鈥淚t鈥檚 very exciting,鈥 he said, noting the historic nature of the proposed sale of Hawaiian Electric, one of the oldest companies in Hawaii. 鈥淚 couldn鈥檛 think of any other place I鈥檇 rather be.鈥
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About the Author
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Nathan Eagle is a deputy editor for Civil Beat. You can reach him by email at neagle@civilbeat.org or follow him on Twitter at , Facebook and Instagram .