In Re Hawaiian Telephone Company

513 P.2d 1376, 54 Haw. 663, 2 P.U.R.4th 384, 1973 Haw. LEXIS 235
CourtHawaii Supreme Court
DecidedSeptember 10, 1973
Docket5298
StatusPublished
Cited by13 cases

This text of 513 P.2d 1376 (In Re Hawaiian Telephone Company) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Hawaiian Telephone Company, 513 P.2d 1376, 54 Haw. 663, 2 P.U.R.4th 384, 1973 Haw. LEXIS 235 (haw 1973).

Opinions

OPINION OF THE COURT BY

KOBAYASHI, J.

On August 19, 1968, the Public Utilities Commission (hereinafter PUC) instituted a general investiga[664]*664tion of the lawfulness of Hawaiian Telephone Company’s (hereinafter appellee) rates and charges and the adequacy of appellee’s communications services.

On June 26, 1970, the appellee filed an application with the PUC for increased rates and charges.

The proceedings on both the investigation and the application were consolidated and the PUC rendered the following numbered decisions and orders relevant herein.

1. Decision and Order No. 2754 granted appellee an interim increase in its rates and charges to produce $4,840,000 per annum effective April 15, 1971.

2. On November 9, 1971, Decision and Order No. 2853 granted appellee additional increases in rates to produce additional intrastate revenues of $6,380,315 per annum over and above the $4,840,000 interim increase.

3. On December 23, 1971, Decision and Order No. 2862 approved appellee’s revised rates and charges reflecting the increase granted in Decision and Order No. 2853.

The Director of Regulatory Agencies (hereinafter appellant) contends as follows:

A. Decision and Orders Nos. 2853 and 2862 are void because the Commission’s ultimate conclusions are not supported by reliable, probative and substantial evidence as required by the Hawaii Administrative Procedure Act.
1. Once the Commission rejected all evidence on the fair rate of return, it erred in not dismissing the Company’s application.
2. The establishment of the separations procedure is not based on substantial evidence.
3. The application and implementation of the separations procedure adopted to the test year results is not based on substantial evidence.
4. The Company did not carry its burden in [665]*665proving its new rate structure non-discriminatory.
5. The Commission failed to impose the duty upon the Company to show that the investment in its switching equipment was prudently made; the Commission’s findings and conclusions are not supported by substantial evidence.
B. Decision and Orders Nos. 2853 and 2862 are void because they are not supported by specific findings and conclusions on major ratemaking matters, and the evidence does not support such findings of the Commission.
1. The Commission failed to make findings on prudent investment rate base of the Company.
2. The Commission erred in failing to make findings- on the Company’s traffic expense.
3. The Commission’s findings that the expenses incurred in directory service advertising in the amount of $1,730,754 are reasonable is not supported by the evidence. The Commission failed to make any findings on other categories of commercial expense.
C. Decision and Orders Nos. 2853 and 2862 are void because the Commission failed to afford fair hearings to the Staff and thereby deprived the consumer interest of a fair hearing.
1. The hearing strategy of the Company was to promote the Staff’s position as the exclusive protector of the consumer interest, and then to limit the participation by the Staff. The Staff was not afforded full rights as a party before the Commission. The result was less than a fair hearing.
Appellee contends as follows:
I. Whether the appellant [and the attorney general] can meet their heavy burden of showing that the Commission’s decision is unjust and unreasonable [666]*666in its consequences or is clearly erroneous in view of the whole record.
II. Whether the appellant [and the attorney general] have met their burden of showing that the hearings were not fair.
III. Whether the appellant [and the attorney general] have any standing to appeal the decision of the Commission and whether their appeal is timely.
IV. If the appellant [and the attorney general] have met their burden on the foregoing and have standing, what relief should be afforded.

OPINION

Standing to appeal:

A. In the instant case, we are of the opinion that the attorney general is without standing as a party to the proceedings before PUC or as an appellant herein. HRS § 28-1 and § 661-10 are not pertinent to the question.

B. We are of the opinion, however, that the Director of Regulatory Agencies is, by operation of law, a party to the proceedings before PUC and is an appellant herein in good standing. HRS § 26-9 (Supp. 1972) in pertinent parts provides:

§26-9 Department of regulatory agencies. The department of regulatory agencies shall be headed by a single executive to be known as the director of regulatory agencies.
The department shall protect the interests of consumers . . . throughout the State. . . .
The . . . public utilities commission . . . and . . . are placed within the department of regulatory agencies for administrative purposes.
[667]*667Notwithstanding any provision to the contrary, the employment, appointment, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees under the administrative control of this department shall be determined by the director of regulatory agencies subject only to applicable personnel laws.

The technical staff and other personnel that provide services to PUC are all subject to the above control of the director of regulatory agencies. We are of the opinion that through said staff and personnel and a specially designated deputy attorney general (See White v. Board of Education, 54 Haw. 10, 501 P.2d 358 (1972)) the director carries on his statutory duties and responsibilities as a protector of the interests of the consumers before the PUC.

Appellant’s contentions:

Because of the hereinafter stated opinion and the record on appeal we do not determine the validity of appellant’s several contentions on appeal save and except the following of appellant’s allegations:

Decision and Orders Nos. 2853 and 2862 are void because they are not supported by specific findings and conclusions as required by the Hawaii Administrative Procedure Act.
HRS § 91-12 provides:
§91-12 Decisions and orders.

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In Re Hawaiian Telephone Company
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Bluebook (online)
513 P.2d 1376, 54 Haw. 663, 2 P.U.R.4th 384, 1973 Haw. LEXIS 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hawaiian-telephone-company-haw-1973.