Hawaii Revised Statutes

Haw. Rev. Stat. § 269-6 (2026)

General powers and duties

✓ current as of July 2026

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§269-6 General powers and duties. (a) The public utilities commission shall have the general supervision hereinafter set forth over all public utilities, and shall perform the duties and exercise the powers imposed or conferred upon it by this chapter. Included among the general powers of the public utilities commission is the authority to adopt rules pursuant to chapter 91 necessary for the purposes of this chapter.

(b) The public utilities commission shall consider the need to reduce the State's reliance on fossil fuels through energy efficiency and increased renewable energy generation in exercising its authority and duties under this chapter. In making determinations of the reasonableness of the costs pertaining to electric or gas utility system capital improvements and operations, the public utilities commission shall explicitly consider, quantitatively or qualitatively, the effect of the State's reliance on fossil fuels on:

(1) Price volatility;

(2) Export of funds for fuel imports;

(3) Fuel supply reliability risk; and

(4) Lifecycle greenhouse gas emissions; provided that the public utilities commission may waive the requirement for a lifecycle greenhouse gas emissions assessment for energy projects that do not involve combustion.

The public utilities commission may determine that short-term costs or direct costs of renewable energy generation that are higher than alternatives relying more heavily on fossil fuels are reasonable, considering the impacts resulting from the use of fossil fuels. The public utilities commission shall determine whether such analysis is necessary for proceedings involving water, wastewater, or telecommunications providers on an individual basis.

(c) The analysis described in subsection (b) shall not be required for a utility's routine system replacements, such as overhauls and overhead or underground line determinations, or determinations that do not pertain to capital improvements or operations, including but not limited to financing requests.

(d) In exercising its authority and duties under this chapter, the public utilities commission shall consider the costs and benefits of a diverse portfolio of energy resources and of maximizing the efficiency of all electric utility assets to lower and stabilize the cost of electricity. Nothing in this section shall subvert the obligation of electric utilities to meet the renewable portfolio standards set forth in section 269-92.

(e) The public utilities commission, in carrying out its responsibilities under this chapter, shall consider whether the implementation of one or more of the following economic incentives or cost recovery mechanisms would be in the public interest:

(1) The establishment of a shared cost savings incentive mechanism designed to induce a public utility to reduce energy costs and operating costs and accelerate the implementation of energy cost reduction practices;

(2) The establishment of a renewable energy curtailment mitigation incentive mechanism to encourage public utilities to implement curtailment mitigation practices when lower cost renewable energy is available but not utilized through the sharing of energy cost savings between the public utility, ratepayer, and affected renewable energy projects;

(3) The establishment of a stranded cost recovery mechanism to encourage the accelerated retirement of an electric utility fossil fuel electric generation plant by allowing an electric utility to recover the stranded costs created by early retirement of a fossil fuel generation plant; and

(4) The establishment of differentiated authorized rates of return on common equity to encourage increased utility investments in transmission and distribution infrastructure, discourage electric utility investment in fossil fuel electric generation plants to incentivize grid modernization, and disincentivize fossil fuel generation, respectively.

(f) The chairperson of the public utilities commission may appoint a hearings officer, who shall not be subject to chapter 76, to hear and recommend decisions in any proceeding before it other than a proceeding involving the rates or any other matters covered in the tariffs filed by the public utilities. The hearings officer shall have the power to take testimony, make findings of fact and conclusions of law, and recommend a decision; provided that the findings of fact, the conclusions of law, and the recommended decision shall be reviewed and may be approved by the public utilities commission after notice to the parties and an opportunity to be heard. The hearings officer shall have all of the above powers conferred upon the public utilities commission under section 269-10. [L 1913, c 89, §4; RL 1925, §2192; RL 1935, §7944; RL 1945, §4705; am L 1949, c 253, §1; RL 1955, §104-5; HRS §269-6; am L 1976, c 165, §5; am L 1983, c 219, §3; gen ch 1993; am L 2000, c 253, §150; am L 2007, c 177, §2; am L 2011, c 109, §1; am L 2012, c 99, §2; am L 2013, c 37, §2; am L 2021, c 82, §1; am L 2024, c 54, §3]

Attorney General Opinions

PUC has authority to approve automatic fuel adjustment clauses. Att. Gen. Op. 76-1.

Case Notes

Constitutional. 33 H. 387 (1935), aff'd 96 F.2d 412 (1938), aff'd 305 U.S. 306 (1938).

The public utilities commission has the authority to regulate the height of utility poles. 72 H. 285, 814 P.2d 398 (1991).

The billing disputes would fall within the broad provisions of this section and §269-7, as a dispute between telecommunication carriers regarding billing and compensation for services, but this would not deprive the court of jurisdiction over the matters. The language of the statutes indicates only that the public utilities commission (PUC) would have jurisdiction over matters such as transactions between carriers, and not that the PUC would have exclusive jurisdiction. 131 H. 257, 318 P.3d 97 (2013).

The statutes and rules cited by defendants did not require dismissal of the billing disputes on the basis of primary jurisdiction. Sections 269-16 and 269-37 and this section did not place the action in the instant case within the "special competence" of the public utilities commission (PUC); the statutes provided the PUC with authority to take certain actions as an administrative agency, but the authority granted to the PUC over certain types of billing disputes is shared with the courts. 131 H. 257, 318 P.3d 97 (2013).

Cited: 665 F. Supp. 2d 1189 (2009); 24 H. 136, 139 (1917); 32 H. 127, 129 (1931).

Notes of Decisions

Cited in 19 cases (9 in the last 5 years), 1984–2025 · leading case: In re Application of Hawai'i Elec. Light Co., Inc., 445 P.3d 673 (Haw. 2019).

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In re Application of Hawai'i Elec. Light Co., Inc., 445 P.3d 673 (Haw. 2019). · cites it 36× “LOL presents three points of error: 8 (1) the PUC was required, under HRS § 269-6(b) (Supp. 2016), to explicitly consider GHG emissions in determining whether the costs of the Amended PPA were reasonable, but failed to do so; (2) the PUC denied LOL due process to protect its…”

Richardson v. City & Cnty. of Honolulu, 868 P.2d 1193 (Haw. 1994). · cites it 4× “2d 398 (1991), we held that a county ordinance regulating the height of utility poles was preempted by the combination of HRS § 269-6 (1985), which conferred upon the State Public Utilities Commission (PUC) the power of "general supervision .”

Pac. Lightnet, Inc. v. Time Warner Telecom, Inc., 318 P.3d 97 (Haw. 2013). · cites it 6× “) The Feature Group D claims in the instant case would fall within the broad provisions of HRS § 269-6 and HRS § 269-7, as a dispute between telecommunication carriers regarding billing and compensation for services.”

In re: Hawai'i Elec. Light Co., Inc., 487 P.3d 708 (Haw. 2021). · cites it 3× ““On remand,” the court stated, “the PUC shall give explicit consideration to the reduction of GHG emissions in determining whether to approve the Amended PPA, and make the findings necessary for this court to determine whether the PUC satisfied its obligations under HRS §…”

Application of Hawaiian Tel. Co., 689 P.2d 741 (Haw. 1984). · cites it 2× “HRS § 269-6 (Supp. 1983). “It is the Commission that is authorized to fix ‘just and reasonable’ rates to be charged by public utilities, HRS § 269-16 (1976), and a reviewing court is not empowered to examine the case de novo.”

Citizens Utils. Co. v. Cnty. of Kauai, 814 P.2d 398 (Haw. 1991). · cites it 2× “HRS § 269-6 provides: The public utilities commission shall have the general supervision hereinafter set forth over all public utilities, and shall perform the duties and exercise the powers imposed or conferred upon it by this chapter.”

In re The Application Of The Gas Co., LLC dba Hawaii Gas For Approval Of Rate Increases & Revised Rate Schedules & Rules. (Haw. 2020). · cites it 64× “Resolution: The PUC did not fulfill its obligations under HRS § 269-6(b) because its Decision and Order simply reiterated HG’s representations that its LNG projects would decrease GHG emissions.”

In Re Pub. Utils. Comm'n, 257 P.3d 223 (Haw. App. 2011). · cites it 4× “See HRS § 269-6. HRS § 269-16 provides: § 269-16.”

State v. Pickell. S.Ct Order Accepting Writ of Certiori [ada]. ICA s.d.o., filed 01/31/2023 [ada], 152 Haw. 163. Application for Writ of Certiorari, filed 05/01/2023., 544 P.3d 1287 (Haw. 2023). · cites it 2× “9 ** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER ** The Statewide Traffic Code was enacted in 1971.”

Surface Water Use Permit Applications, Integration of Appurtenant Rights & Amendments to the Interim Instream Flow Standards, Nā Wai 'Ehā Surface Water Mgmt. Areas of Waihe'e River, Waiehu Stream, Wailuku River, 550 P.3d 1167 (Haw. 2024). · cites it 2× “HRS § 269-6(a) (Supp. 2021), provides in part, “The public utilities commission shall have the general supervision hereinafter set forth over all public utilities, and shall perform the duties and exercise the powers imposed or conferred upon it by this chapter.”

In re Application of Hawai'i Elec. Light Co., Inc. (Haw. 2019). · cites it 30× “15 *** FOR PUBLICATION IN WEST’S HAWAII REPORTS AND PACIFIC REPORTER *** LOL presents three points of error:8 (1) the PUC was required, under HRS § 269-6(b) (Supp. 2016), to explicitly consider GHG emissions in determining whether the costs of the Amended PPA were reasonable,…”

In re: Maui Elec. Co., Ltd.. (Haw. 2022). · cites it 30× “HRS §§ 269-6, 269-92. These considerations are intended to mitigate the unhealthy effects of climate change.”

Show all 19 citing cases →

— Haw. Rev. Stat. § 269-6(a) — 3 cases

Pac. Lightnet, Inc. v. Time Warner Telecom, Inc., 318 P.3d 97 (Haw. 2013). “) The Feature Group D claims in the instant case would fall within the broad provisions of HRS § 269-6 and HRS § 269-7, as a dispute between telecommunication carriers regarding billing and compensation for services.”

Surface Water Use Permit Applications, Integration of Appurtenant Rights & Amendments to the Interim Instream Flow Standards, Nā Wai 'Ehā Surface Water Mgmt. Areas of Waihe'e River, Waiehu Stream, Wailuku River, 550 P.3d 1167 (Haw. 2024). “HRS § 269-6(a) (Supp. 2021), provides in part, “The public utilities commission shall have the general supervision hereinafter set forth over all public utilities, and shall perform the duties and exercise the powers imposed or conferred upon it by this chapter.”

Kealia Water Co. Holdings, LLC v. Plantation Partners Kauai, LLC, 665 F. Supp. 2d 1189 (D. Haw. 2009).

— Haw. Rev. Stat. § 269-6(b) — 10 cases

In re Application of Hawai'i Elec. Light Co., Inc., 445 P.3d 673 (Haw. 2019). “LOL presents three points of error: 8 (1) the PUC was required, under HRS § 269-6(b) (Supp. 2016), to explicitly consider GHG emissions in determining whether the costs of the Amended PPA were reasonable, but failed to do so; (2) the PUC denied LOL due process to protect its…”

In re: Hawai'i Elec. Light Co., Inc., 487 P.3d 708 (Haw. 2021). ““On remand,” the court stated, “the PUC shall give explicit consideration to the reduction of GHG emissions in determining whether to approve the Amended PPA, and make the findings necessary for this court to determine whether the PUC satisfied its obligations under HRS §…”

In re The Application Of The Gas Co., LLC dba Hawaii Gas For Approval Of Rate Increases & Revised Rate Schedules & Rules. (Haw. 2020). “Resolution: The PUC did not fulfill its obligations under HRS § 269-6(b) because its Decision and Order simply reiterated HG’s representations that its LNG projects would decrease GHG emissions.”

In re Application of Hawai'i Elec. Light Co., Inc. (Haw. 2019). “15 *** FOR PUBLICATION IN WEST’S HAWAII REPORTS AND PACIFIC REPORTER *** LOL presents three points of error:8 (1) the PUC was required, under HRS § 269-6(b) (Supp. 2016), to explicitly consider GHG emissions in determining whether the costs of the Amended PPA were reasonable,…”

In re: Maui Elec. Co., Ltd.. (Haw. 2022). “HRS §§ 269-6, 269-92. These considerations are intended to mitigate the unhealthy effects of climate change.”

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