Lend your voice in favor of environmental justice
/Governor Ige recently nominated corporate attorney Naomi Kuwaye to serve as commissioner of the Hawaiʻi Public Utilities Commission for a six-year term, 2022-28.
Although this nominee has extensive experience in litigation and utility regulation, her track record of working on behalf of corporate utilities and private developers raises significant questions as to whether she will recognize and understand the need for the PUC to address environmental justice and community concerns, a matter of critical importance in PUC decision-making.
Here are just a few of the most controversial cases she's worked on:
Represented NextEra Energy in an attempted $4.3 billion takeover of Hawaiian Electric Industries, rejected by the PUC because they felt the merger was not in the public interest and that the companies failed to demonstrate adequate benefits for residents and a commitment to Hawaiʻi's clean energy goals.
Represented Hu Honua Bionergy, to evaluate land use and regulatory compliance forestry issues, so Hu Honua could burn trees for electricity on Hawaiʻi Island. Communities have been fighting the project due to the extensive pollutants, water needed, and emissions from these operations.
Represented Hawaiian Electric Light Co at the Supreme Court when there was a long community fight over HELCO`s proposed Keahole Power Plant. The Board of Land and Natural Resources had a mixed vote for and against the project. The court ruled in favor of HELCO.
Represented major corporate developer D.R Horton to rezone 1553 acres of agricultural land to urban on Oʻahu, and Shopoff Group on Hawaiʻi Island when they wanted to urbanize 127.94 acres of agricultural land.
Kuwaye’s current employer, Ashford & Wriston law firm, has a focused expertise on utility-scale energy development. According to them, they "have one of the most experienced practices focused on project development, project finance and construction. Our firm has been engaged in a broad range of energy transactions involving utility-scale solar projects, hydro, geothermal and other significant renewable energy projects.”
The Hawaiʻi Public Utilities Commission is a three-member executive body. It is the only regulatory body for our virtual monopoly investor-owned electric utility. They have an extensive amount of power, influence, and kuleana over our energy system by:
setting utility rates
approving or disapproving energy development projects
Reviewing utilities’ Request for Proposals, setting the criteria, parameters, and requirements for projects.
In recent years, the PUC has been putting pressure on our utility to consider broader public interests, and not just shareholders’ profits. They even held historic listening sessions with community leaders in West Oʻahu and on Hawaiʻi Island to understand their concerns with utility-scale development that may come at a high cost to ʻāina and surrounding communities.
The Sierra Club of Hawai’i, along with other organizations, hope to urge the Senate Committee to deeply consider the need for someone who has the knowledge and experience needed to continue shifting the utilities paradigm, so that corporate utilities and developers can no longer ignore the concerns and needs of the public and communities most impacted by their projects.
HOW TO TAKE ACTION:
On Wednesday April 13th at 9:30am the Committee on Commerce and Consumer Protection will hear this nomination- GM 754. Lend your voice to this nomination and urge the Senate to ensure that our Public Utilities Commission continues to uplift environmental justice and community concerns in their processes and decision making.
Please take a moment to submit written testimony and consider remote testimony! Instructions and sample testimony below. Please feel free to add your own thoughts - including your personal stories and experiences with environmental injustices - about why we need to have a just and equitable energy system.
Why it is important: The Commission’s primary duty is to “protect the public interest by overseeing and regulating public utilities to ensure that they provide reliable service at just and reasonable rates.” However, with such an expansive pro-developer and pro-utility record, Ige’s nominee hasn’t demonstrated an ability to represent the interests of the people and frontline communities over that of corporate profits.
Sample testimony:
Dear Chair Baker, Vice Chair Chang, and members of the Senate Commerce and Consumer Protection Committee,
My name is____and I am a resident of____ testifying with strong concerns regarding the nomination of Naomi Kuwaye to serve as commissioner for the Hawaiʻi Public Utilities Commission. The Commission plays a crucial role in protecting ratepayers, local communities, and resources from an otherwise monopolistic profit-driven energy system. Please deeply consider the need for commissioners who are willing and able to ensure that corporate utilities and developers address the concerns and needs of the public and communities most impacted by their projects. With a long track record of representing the interests of corporate utilities and developers in some of the most controversial cases in recent history–including the Waiāhole Water Case, the NextEra merger, and Hu Honua’s biofuel plant proposal–I am very concerned about the nomineeʻs ability to recognize and understand community concerns that must be prioritized in regulatory decision- making.
Please ensure that our commissioners understand the need for equity and justice in our energy system. Mahalo for the opportunity to testify.
Sincerely,
[Your name]
Testimony instructions:
Register for a capitol website account if you havenʻt yet (youʻll need to confirm your registration by responding to an automated email)
Sign in to capitol.hawaii.gov with your registration information and click the orange "Testimony" button.
Enter "GM754" where it says "Enter Bill or Measure."
Input your information and your written testimony. You have the option to testify remotely as well, which is highly encouraged!
Don’t forget to let your friends know you testified, and ask them to testify as well!