STAND. COM. REP. NO. 501

Honolulu, Hawaii

RE:    S.B. No. 1347

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 1347 entitled:

"A BILL FOR AN ACT RELATING TO THE PUBLIC UTILITIES COMMISSION,"

begs leave to report as follows:

     The purpose and intent of this measure is to allow public utilities to submit rate filings electronically to the Public Utilities Commission.

     Your Committee received testimony in support of this measure from the Division of Consumer Advocacy of the Department of Commerce and Consumer Affairs and Hawaiian Telcom.  Your Committee received testimony in opposition to this measure from the Public Utilities Commission of the Department of Budget and Finance.

     Your Committee finds that accepting electronic documents will allow the Public Utilities Commission (Commission) to function more efficiently, particularly in posting information on the Commission's website.  Your Committee further finds that this measure will increase transparency in the Commission's functions by reducing delays between the Commission's receipt of documents and updates to its website to reflect the current status of the Commission's actions.  Your Committee also finds that the actions of the Public Utilities Commission impact the public interest, not only in rate filings, but also in decisions on applications and other matters.  Therefore, your Committee finds that it is appropriate to allow for the electronic submission of all filings and applications to the Commission.

     Accordingly, your Committee has amended this measure by:

     (1)  Deleting the provision authorizing electronic rate filing; and

     (2)  Adding three new provisions that:

          (A)  Require the Commission to accept electronically submitted documents for all filings and applications under chapters 269, 271, and 271G, Hawaii Revised Statutes;

          (B)  Authorize the Commission to charge an electronic document surcharge for each electronic submission;

          (C)  Direct the Commission to accept electronic documents through at least one identified means no later than January 1, 2012, notwithstanding generally applicable rule-making requirements; and

          (D)  Direct the Commission to adopt rules pursuant to chapter 91 governing the submission of electronic documents.

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1347, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1347, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

____________________________

ROSALYN H. BAKER, Chair