Maui Wildfires Information, Updates & Resources

General Information | Announcements & Updates by Industry | Activities Relating to External Wildfire Investigations and Enforcement | Other Information | Resources

General Information

This webpage provides resources related to the Public Utilities Commission’s (“PUC”) actions and response to the Maui wildfires that occurred on August 8th, 2023 (“Maui Wildfires”), as well as other information related to utility disaster preparedness and risk mitigation.

This page was last updated on December 1, 2023.

All Industries – Utility Service Disconnection Moratorium

  • On November 21, 2023, the Commission issued Order No. 40395, “Instructing Maui Utilities regarding the Filing of Reports and Other Documents Pursuant to Order No. 40313”. Order No. 40395 instructed the Maui Utilities to reference non-docketed case number 2023-04643 when filing reports and documents pursuant to Order No. 40313.
    • This reference allows the public to conveniently access such information in one dedicated repository, case number 2023-04643. Members of the public can also type in the case number 2023-04643 on the Case and Document Management System (“CDMS”) to find related documents as well as subscribe to case number 2023-04643 on CDMS to receive filing alerts.
  • On October 13, 2023, the PUC issued Order No. 40313, “Continuing Suspension of Termination or Disconnection of Maui Utilities’ Regulated Utility Services Due to Customer Non-Payment and/or Assessment of Certain Other Charges”, extending the original Order No. 40218’s suspension of disconnections and reporting requirements from October 17, 2023 to the duration of the Governor’s emergency proclamations relating to wildfires.
  • Also on August 31, 2023, the PUC issued Protective Order No. 40217 to govern the classification, acquisition, and use of trade secrets, and other confidential information produced or filed non-docketed, relating to the PUC’s suspension of utility disconnections and reporting request for utilities on Maui following the August 2023 Maui wildfires.
  • On August 31, 2023, the PUC issued Order No. 40218, “Directing Maui Utilities to Suspend Termination or Disconnection of Regulated Utility Services due to Non-Payment and/or Assessment of Other Charges through October 17, 2023, and Directing affected Maui Utilities to Pursue all Available Aid”. In addition to directing all PUC-regulated electric, gas, telecommunications, water, and wastewater public utilities located on Maui or providing utility service on Maui to suspend disconnections and file informational reports through October 17, 2023, Order No. 40218 also directed the Maui Utilities to pursue all available aid beyond the October 17, 2023 time frame.

PUC Docketed Proceedings related to Electric System Resilience

  • Docket No. 2022-0135 – Application for approval to commit funds in excess of $2,500,000 for Climate Adaptation Transmission and Distribution Resilience Program and to recover costs through the exceptional project recovery mechanism (“EPRM”).
    • This docket includes requests to fund certain measures related to wildfire prevention and mitigation.
    • On August 30, 2023, Hawaiian Electric notified the PUC that it had been selected for a $95 million award for the Project through the Infrastructure Investment and Jobs Act (“IIJA”). The PUC is reviewing this application on an expedited basis.
  • Docket No. 2021-0024 – Opening a proceeding to review Hawaiian Electric’s Interconnection process and transition plans for retirement of fossil fuel power plants.
    • This docket includes information requested by the PUC on Hawaiian Electric’s efforts to reduce customer outages from weather-related events, including wildfire.
  • Docket No. 2019-0327 – Application for approval to commit funds in excess of $2,500,000 for the ADMS Component of the Phase 2 Grid Modernization Project, etc.
    • This docket includes requests for technologies that could support wildfire prevention and mitigation.
  • Docket No. 2018-0165 – Instituting a proceeding to investigate Integrated Grid Planning.
    • This docket includes development of a resilience planning framework for Hawaiian Electric’s systems.
  • Docket No. 2018-0088 – Instituting a proceeding to investigate Performance-Based Regulation.
  • Docket No. 2002-0060 – Application for Approval of the Sale of Certain Assets of Citizens Communications Company, Kauai Electric Division and Related Matters.
    • Kauai Island Utility Cooperative files annual Emergency Preparedness and Recovery Plans in this docket.

Announcements & Updates by Industry

Multiple Industries

  • On November 21, 2023, the Commission issued Order No. 40396, “Directing Public Utilities to Develop and File Reports Related to their Ongoing Efforts and Future Mitigation Plans to Address Natural Hazards”. Order No. 40396 directed all Commission-regulated electric, gas, telecom, and water and/or wastewater utilities authorized to provide service in the State to file a report within six months detailing their ongoing efforts and future mitigation plans to address natural hazards as they relate to their provision of utility service, capital expenditures, operations, and/or finances. Order No. 40396 instructed that reports should be filed with reference to non-docketed case number 2023-04661.
    • This reference allows the public to conveniently access such information in one dedicated repository, case number 2023-04661. Members of the public can also type in the case number 2023-04661 on the Case and Document Management System (“CDMS”) to find related documents as well as subscribe to case number 2023-04661 on CDMS to receive filing alerts.

Transportation – Water Carriers

  • Stop- and Storage-in-Transit – Interstate water carrier tariffs contain rules regarding the movement of cargo from the U.S. mainland to various ports in Hawaii to maintain a delineation between interstate and intrastate (within Hawaii) shipments, called Stop-in-Transit and Storage-in-Transit (“SIT”) requirements. These tariff provisions are voluntarily enforced through a third-party inspection group, and alleged violations are sent to the PUC for review and further action, if needed.
    • Non-Enforcement of SIT
      • October 17, 2023 – The PUC informed Young Brothers and interstate water carriers (Matson and Pasha) that the PUC was sunsetting its non-enforcement of SIT effective October 17, 2023, but that specific water carrier requests related to particular Maui emergency response shipments could be made to the PUC and would be assessed on a case-by-case basis.
      • September 12, 2023 – PUC extends non-enforcement of SIT until October 17, 2023
      • August 23, 2023 – PUC extends non-enforcement of SIT until September 10, 2023
      • August 9, 2023 – PUC informed Young Brothers and interstate water carriers (Matson and Pasha) that the PUC does not intend to enforce any interstate tariff Stop-In-Transit and Storage-In-Transit (SIT) requirements related to their provision of emergency response services/equipment/supplies to Maui for two-weeks.
    • August 17, 2023 PUC Announcement – In response to Hone Heke’s request and Governor Green’s Fifth Emergency Proclamation Relating to the Maui Wildfires, the PUC cancels the public hearings previously scheduled for August 24, 2023 on Maui and August 25, 2023 on Lānaʻi. The PUC will wait for a future request from Hone Heke before scheduling new public hearings.
      • August 16, 2023 – The PUC issued Order 40180 suspending procedural deadlines for the general rate increase proceeding and cancelling August 2023 public hearings for Hone Heke.

Transportation – Motor Carriers

  • No announcements/actions at this time.

Energy

  • On November 6, 2023, Hawaiian Electric filed a Notice of Intent to file an application within 60 days seeking PUC approval to establish a credit facility secured by a pledge of Hawaiian Electric accounts receivable.
  • On October 17, 2023, the PUC issued Order No. 40317 directing Hawaiian Electric to update the PUC on any effects arising out of the Maui Wildfires on each application, matter, or project pending before the PUC, including any updates related to Hawaiian Electric’s current priorities and financial circumstances. The PUC sought this information, filed in each individual Hawaiian Electric docket, to ensure Parties to each docket would receive information relevant to that proceeding.
    • The PUC issued Order No. 40350 on October 31, 2023, granting Hawaiian Electric’s request to extend the deadline to provide updates to November 15, 2023.
  • On September 22, 2023, in view of the Maui Wildfires, the PUC issued Order No. 40279, “Temporarily Suspending the Docket” in Docket No. 2023-0234, which involves the permanent overhead and underground relocation of a line through a residential area. The purpose of the temporary suspension is to allow time for Hawaiian Electric to reassess whether to revise its application, provide additional information to the Commission and the Consumer Advocate on resilience considerations for overhead lines, and better equip Hawaiian Electric and the Consumer Advocate to address concerns raised at a public hearing to promote meaningful and full public disclosure.
  • On August 21, 2023, Hawaiian Electric filed an application (subsequently amended on October 13, 2023) in Docket No. 2023-0439 to defer costs related to the Companies’ response and restoration efforts and other expenses arising from the Maui Wildfires.
  • On August 11, 2023, the PUC issued Interim Order No. 40167 in Docket No. 2023-0343, authorizing Hawaiian Electric to transfer certain property from its operating companies on Oahu and Hawaii Island to its operating company on Maui Island to support on-going efforts to restore utility service following the Maui Wildfires.

Private Water & Wastewater

  • No announcements/actions at this time.

Telecommunications

  • No announcements/actions at this time.

Activities Relating to External Wildfire Investigations and Enforcement

  • October 27, 2023 – Chair Leo Asuncion response to questions from the U.S. House of Representatives Subcommittee on Oversight & Investigations.
  • September 28, 2023 – Oversight and Investigations Subcommittee Hearing: “Investigating the Role of Electric Infrastructure in the Catastrophic Maui Fire”.
  • September 28, 2023 – Chair Leo Asuncion Statement- U.S. House of Representatives Subcommittee on Oversight & Investigations – HHRG-118-IF02-Wstate-AsuncionL-20230928.pdf (house.gov)
  • September 19, 2023 – PUC Response to U.S. House of Representatives Subcommittee on Oversight & Investigations – U.S. House of Representatives Subcommittee on Oversight & Investigations – HHRG-118-IF02-20230928-SD003.pdf (house.gov)
  • The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) and the Maui Fire Department (“MFD”) are conducting a joint investigation into the sequence of events on August 8th, 2023. As part of that investigation, ATF traveled to Maui and requested resources from the PUC, and the PUC dedicated staff resources to support ATF and MFD in their joint investigation. The PUC is also committed to supporting the ongoing comprehensive review by the State Attorney General’s Office, as well as all other ongoing investigative efforts by expert agencies that are collecting critical information during this time.

Other Information

(Note: These reports are documents that were not generated or approved by the PUC, and are included here simply for reference and ease of public access):

Resources

For more information, please contact:

  • Hawaii Public Utilities Commission

Kekuanao`a Building
465 South King St., #103
Honolulu, HI 96813

Phone: (808) 586-2020
Fax: (808) 586-2066
E-mail: [email protected]

Updated 12/2023