When it comes to something as crucial in our lives as electricity, can Hawaii trust outsiders to do the right thing?
That was the fundamental question emerging Monday from the high-stakes hearing at the Neal S. Blaisdell Center to decide if NextEra Energy鈥檚 proposed $4.3 billion purchase of Hawaiian Electric Industries will be approved.
The Public Utilities Commission decision will shape the path that the islands pursue in modernizing the electrical system for decades to come.
On the fifth day of what are scheduled to be 12 days of hearings to assess whether the deal is in the public interest, NextEra Energy Hawaii President Eric Gleason faced a third barrage of questions from various intervening parties.
An array of issues was raised in public, and in a brief pair of sessions closed to the public and the media because they touched on confidential documents, but the question of why Hawaii should trust mainland interlopers 鈥 with all of the historical weight that carries 鈥 became a dramatic focal point.
鈥淪o the first question I have for you Mr. Gleason is why should I trust you? Why should I trust NextEra.鈥 鈥 PUC Chair Randy Iwase
The last person to question Gleason was PUC Chairman Randy Iwase, who asked the top representative of NextEra about trust.
鈥淔rom the kingdom to the territory to the state, we have heard many promises (from) big companies coming in, taking over companies in Hawaii,鈥 Iwase said. 鈥淎nd so I have to deal with that, judge it through that prism.鈥
Iwase said that his historic prism applies to the list of 85 commitments that NextEra has put forward to facilitate acceptance of this merger. He described the commitments as 鈥渘ice words.鈥
The PUC chairman highlighted the almost inherent skepticism that locals sometimes direct toward large outside forces in the islands.
鈥淲e are thousands of miles away and, as you鈥檝e probably learned by now, it takes a while for people who come from the outside to be trusted in this small state of ours,鈥 said Iwase. 鈥淪o the first question I have for you Mr. Gleason is why should I trust you? Why should I trust NextEra?鈥
Gleason, who has spent much of the last five years in the islands working for NextEra, acknowledged the challenges facing mainland companies.
鈥淧eople here in Hawaii are used to knowing the people they come into contact with, or they鈥檝e met before or they know someone who knows them,鈥 said Gleason.
There are, he suggested, “fewer degrees of separation” between people in the islands than on the mainland.
鈥淲e understand that if you come from outside, you have a hurdle to overcome. 鈥 We expect that we aren鈥檛 going to totally get over that hurdle before this merger closes,鈥 he said, quickly adding, 鈥淲e hope it does close.鈥
But, the local head of NextEra Energy added, 鈥淲e hope we鈥檒l get far enough over the hurdle that you鈥檒l say, 鈥榃e trust these guys.鈥欌
The trust-building process will likely take years, largely because 鈥渋t is going to take time for us to demonstrate that we will deliver on all the things we say we’ll deliver on,鈥 Gleason said.
鈥淪o what we鈥檙e saying, Mr. Chairman, is not to totally suspend your disbelief and 鈥榶ou can totally trust us like you鈥檝e known us your whole life.鈥 We know that鈥檚 just not realistic.鈥
But Gleason pointed to the thousands of questions that he and his company have answered 鈥 or at least responded to 鈥 in court documents, resulting in what NextEra calculates as tens of thousands of pages of filings.
鈥淚 believe,鈥 Gleason said, 鈥渨e鈥檝e opened ourselves up.鈥
Questioning Commitments
While several of the original intervening parties have come to agreements in which they have abandoned their opposition to the merger, about two dozen continue to express varying degrees of opposition.
Some of their most frequent criticisms are that NextEra hasn鈥檛 offered enough guaranteed cost-relief for customers who pay the highest rates in the nation and that the company isn鈥檛 dedicated enough to the state鈥檚 ambitious renewable energy goals. There are also critics who argue that NextEra’s culture involves dominating the means of energy generation, which goes against a thriving culture of rooftop solar in the islands.
Gleason, who has repeatedly rebutted those and other criticisms in recent months, testified that he hopes 鈥渨e will have earned enough of your trust鈥 for the deal to go through.
At one point, Iwase asked what guarantee Gleason could give him that NextEra鈥檚 85 commitments will be fulfilled.
Gleason insisted that his company has a track record of delivering on its commitments in other places, especially in the company鈥檚 base in Florida. And secondly, he said, unlike the off-island companies that have come in 鈥渁nd screwed things up,鈥 a NextEra-owned Hawaiian Electric would still be restrained by regulators.
So, if the power company fails to deliver on its commitments, Gleason told the commission, 鈥渋t is in your power to deliver consequences.鈥
But Iwase pursued the issue of confidence more deeply. 鈥淟et me give you an example on trust,鈥 he said, suggesting that it has become clear that NextEra Energy and Florida Power & Light 鈥渉ave no expertise鈥 in rooftop solar.
Iwase asked for a guarantee from Gleason that NextEra鈥檚 professional culture will change to suit a state with a more inclusive take on the alternative power source. Hawaii has more rooftop solar per capita than any other state, while NextEra鈥檚 parent company in Florida has fairly negligible rooftop solar penetration among its customers. NextEra argues this is because its prices are so low that rooftop solar doesn鈥檛 make sense for customers.
Who Are The Decision-Makers?
Iwase also asked what expertise NextEra could bring to bear on Hawaii鈥檚 rooftop solar challenges, given how little there is in Florida.
Gleason pointed to his company鈥檚 modern grid in that state.
鈥淣ow the modern grid in Florida will not look exactly like the modern grid in Hawaii, but you don鈥檛 have a modern one in Hawaii and you want (one).鈥 Beyond the grid, he pointed to NextEra鈥檚 technical expertise, specifically citing its experience installing and managing widespread smart metering.
Iwase tried to nail down who would be the most significant decision-makers in a NextEra-owned Hawaiian Electric and, by deduction, who the PUC would really be dealing with if the acquisition goes through.
鈥淲e understand that if you come from outside, you have a hurdle to overcome. 鈥 We expect that we aren鈥檛 going to totally get over that hurdle before this merger closes.鈥 鈥 NextEra Hawaii President Eric Gleason
Gleason used a sports analogy to convey how things work for NextEra in Hawaii, suggesting that, for now, he is like 鈥渢he quarterback,鈥 NextEra Energy CEO Jim Robo in Florida 鈥渋s like the coach鈥 and the board of directors is akin to the owners of the team. He noted that there is an array of other people with various forms of expertise who share it as necessary.
Iwase was particularly interested in Robo鈥檚 role in the 85 commitments that the PUC would, if it green-lights the purchase, need to monitor.
Gleason said that Robo signed off on the commitments that NextEra came to the commission with. He said that if there were changes to NextEra鈥檚 promise to save customers $60 million over four years 鈥 like if NextEra were to argue that 鈥渇inancial duress鈥 required it to ask the commission to allow a rate increase 鈥斅燫obo would be the final decision-maker on his company’s side.
Just before Iwase’s questioning, Commissioner Michael Champley also brought up trust 鈥斅燼nd whether it has eroded or been entirely lost for HECO鈥檚 customers.
鈥淚t has eroded significantly,鈥 Gleason replied, 鈥渂ut not (been) lost.鈥
Asked what might restore it, Gleason said the key would be to drive rates down, shift toward cost-effective renewable energy, demonstrate that a NextEra-owned company remains a locally managed company and provide reliable service.
At other points in his testimony, Gleason suggested that modernizing the grid and using liquefied natural gas could help to improve service and reliability, and eventually bring down prices聽鈥 although with remarkably low oil prices, it isn鈥檛 entirely clear how much of a money saver LNG might be.
A difficult component of that solution, Gleason acknowledged, is time. He and other experts have said that it is very difficult to bring down prices as long as the vast majority of electricity in the islands is produced by burning fuel oil. As long as that is the case, electricity prices will, largely, be at the mercy of volatile oil prices.
That said, Gleason confirmed that bringing electricity prices down would be a 鈥渟trategic imperative鈥 for NextEra in Hawaii.
A decision on the merger deal is expected around the middle of 2016.
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