The prospects for one of Gov. David Ige鈥檚 most significant appointments appeared uncertain Thursday.
Tom Gorak鈥檚 nomination to serve on the state聽 was submitted to the state Senate and referred to Sen. Roz Baker鈥檚 Committee on Commerce, Consumer Protection and Health on March 29.
As of Thursday, however, Baker had not scheduled Gorak for a confirmation hearing, and the time to do so this legislative session is running out.
Out of hundreds of gubernatorial nominations this session 鈥 most of them already confirmed聽鈥 Gorak’s is one of only two聽that had not been scheduled for public聽consideration as of Thursday.
A Senate spokeswoman said the nomination will be heard and that the deadline is not until May 1. The 2017 legislative session concludes three days later.
The delay has raised concerns that the nomination may be in jeopardy, given the unusual history Gorak has with the PUC.
In聽June, one day before the term of Commissioner Mike Champley was set to expire, Ige replaced him on an聽interim basis with Gorak, who had served as the commission鈥檚 chief legal counsel since 2013.
The move drew fire because it came shortly聽before the three-member body was expected to release its final decision on the proposed $4.3 billion deal to sell to Florida-based .
Gorak recused himself from the vote, which came in mid-July when commissioners Lorraine Akiba and Randy Iwase rejecting the deal.听Gorak has聽continued to serve on the PUC on an interim basis since then.
Ige publicly opposed the NextEra purchase of HEI, which runs the electric utilities for three of Hawaii鈥檚 four counties.
The governor did not believe the Florida-based company was committed to Hawaii鈥檚 goal to reduce its dependency on imported fuel and move to a clean-energy future despite NextEra’s assurances to the contrary.
A Contested聽Pick
Ige鈥檚 interim appointment of Gorak prompted a legal challenge and pitted powerful supporters and opponents of the NextEra deal against each other.
Senate President Ron Kouchi asked Attorney General Doug Chin to issue a formal opinion on whether the governor had the legal authority to name Gorak. Chin’s opinion backed Ige鈥檚 action.
It鈥檚 not clear whether lingering bad feelings from the rejection of the NextEra deal are imperiling Gorak鈥檚 bid to continue serving on the PUC until June 2022. He did not return a call Thursday seeking comment, and聽Iwase, the PUC chairman, also had no comment.
Gorak鈥檚 resume聽 鈥渘ational recognition for his expertise for matters concerning the utility industry.鈥
Asked whether Gorak鈥檚 nomination might be in trouble, a spokeswoman for the Governor鈥檚 Office said, 鈥淎s far as we know, the process is continuing.鈥
Baker鈥檚 committee has seven members. Even if Gorak fails to win approval from a majority of the panel, his nomination would still go to the full Senate for a final vote 鈥 assuming a committee hearing is held first.
If Gorak is not confirmed, he would have to step down from the PUC by May 4.
This would mark only the second time an Ige appointment has had any trouble securing聽Senate confirmation.
In March 2015, Ige聽had to pull his聽nomination of Carleton Ching to head the Department of Land and Natural Resources after the governor realized he did not have the votes in the Senate for confirmation. Opponents, including many environmentalists, were concerned about Ching’s development background.
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About the Author
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Chad Blair is the politics editor for Civil Beat. You can reach him by email at cblair@civilbeat.org or follow him on Twitter at .