Two state lawmakers聽are raising red flags over the legal work Tom Gorak was doing on the side while serving full-time as general counsel of the state .
Gorak is no longer general counsel but is up for Senate confirmation next legislative session, which opens Jan. 18,聽having been appointed in June to serve on an interim basis as one of the commission’s three members.
Sens. Lorraine Inouye, chair of the Transportation and Energy Committee, and Donovan Dela Cruz, vice chair, have asked the and the聽聽to address several questions they have about the legal services Gorak provided for mainland clients appearing before federal energy regulators.
Their two-page letter to Richard Platel, chief disciplinary counsel, requests that his office look into potential violations of the and the conflicts Gorak may have had in representing clients from his law firm for the past three years while working as the commission鈥檚 chief attorney on matters involving similar issues and parties.
PUC Chair Randy Iwase, who recommended Gov. David Ige appoint Gorak, called the senators鈥 letter 鈥渧ery disappointing鈥 and an attempt to 鈥渂esmirch the reputation of a good man.鈥
鈥淭om Gorak is one of the most qualified nominees we鈥檝e had in years,鈥 Iwase said. 鈥淭o have this kind of game played is a reason I think that good, extremely qualified people are discouraged from applying for important positions in government.鈥
Gorak鈥檚 2016 , filed in August with the state , values the side work done by his law firm, Gorak and Bay, at between聽$50,000 and聽$100,000.
His statement notes the work was done for clients located primarily in Iowa, Minnesota and Wisconsin before the , but does not say who they were or describe the nature of the services provided.
Ige鈥檚 decision to replace Commissioner Mike Champley with Gorak came just days before the commission was expected to release its final decision on the $4.3 billion deal to sell Hawaiian Electric Industries to Florida-based NextEra Energy 鈥 the biggest merger of its kind in Hawaii history.
Champley had worked with the other two commissioners for the previous 18 months on the proposed buyout, but the governor opted to not keep him on past the June 30 expiration of his term on the commission.
The move drew the ire of the commission鈥檚 former chair, Mina Morita, as well as Senate leaders and some in the energy industry who saw it as undue political influence on the merger.
The commission rejected the NextEra deal in a 2-0 vote July 15. Iwase and Commissioner Lorraine Akiba voted against it and Gorak abstained.
鈥淏ecause this is a very controversial appointment, I started doing my due diligence in making sure that I prepare myself,鈥 Inouye said when asked why she sent the letter about Gorak.
The appointment is expected to be heard by the Consumer Protection Committee, chaired by Sen. Roz Baker, and then go before the full Senate for final approval.
Given the importance of the Public Utilities Commission in shaping the state鈥檚 energy future, not to mention all the other utility matters it oversees, Inouye said it鈥檚 particularly important for Gorak to be properly scrutinized.
鈥淭his commission is really important to this state 鈥 it鈥檚 huge,鈥 she said. 鈥淲e need to make sure our commissioners are vetted.鈥
Dela Cruz declined to comment, deferring to Inouye as chair of the energy committee.
Inouye said the attorney general鈥檚 office and Office of Disciplinary Counsel have not responded yet.
Gorak did not respond to a message seeking comment.
Iwase noted the similarities between the senators’ letter and an anonymous 鈥渟mear complaint鈥聽 in July. It was a 10-page letter apparently intended for the Office of Disciplinary Counsel that raised similar concerns but was never actually sent to the agency.
鈥淭his is supposed to be a confidential process,鈥 Iwase said. 鈥淭he similarities between this complaint and the ODC smear complaint is not coincidental.鈥
Read the senators鈥 letter below.
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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 .