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Regulatory and Permitting Information Desktop Toolkit

Hawaii Certificate of Public Convenience and Necessity (7-HI-c)

A developer needs a Certificate of Public Convenience and Necessity from the Hawaii Public Utilities Commission under H.R.S. 269-7.5 to provide, sell, or transmit power directly to the public as a public utility. Hawaii defines "public utility" in Hawaii Revised Statues 269-1 to include every person who may own, control, operate, or manage…any plant or equipment, or any part thereof, directly or indirectly for public use…for production, conveyance, transmission, delivery, or furnishing of light, power, heat, cold, water, gar, or oil. However, the definition of public utility does not include any user, owner, or operator of the Hawaii Electric System. Hawaii Revised Statutes 269-141 defines "User, owner, or operator of the Hawaii electric system" as any person, business, organization, or other entity who:
(1) Owns, controls, operates, or manages plants or facilities for the generation, transmission, or furnishing of electricity; and
(2) Provides, sells, or transmits all of that electricity, except such electricity as is used in its own internal operations or is used for its own consumption, directly to a public utility for either transmission or distribution to the public.


Certificate of Public Convenience and Necessity Process

7-HI-c.1 – Certificate of Public Convenience and Necessity Application

The developer submits a Certificate of Public Convenience and Necessity Application to the Hawaii PUC, which includes:

  • The type of service the project will perform;
  • the geographical scope of the operation;
  • the type of equipment the developer will employ in the service;
  • the name of competing utilities for the proposed service;
  • a statement of financial ability to render the proposed service;
  • a current financial statement of the developer; and
  • the rates or charges the developer proposes to charge for the service. H.R.S. 269-7.5(a).

7-HI-c.2 – Notify Any Known Customers or Patrons of the Rates and Charges Proposed

The developer must notify any known customers or patrons of the proposed rates and charges within seven days after filing the Certificate of Public Convenience and Necessity Application. H.R.S. 269-7.5(b).

7-HI-c.3 – Review Application Material

The PUC reviews the Certificate of Public Convenience and Necessity Application. H.R.S. 269-7.5(c).

7-HI-c.4 to 7-HI-c.5– Does the PUC approve the Certificate of Public Convenience and Necessity Application

The PUC issues its approval, in whole or in part, or its denial of the application for a Certificate of Public Convenience and Necessity. The certificate will be issued to any qualified applicant if it is found that the applicant is fit, willing, and able to properly peform the service proposed and to conform to the terms, conditions, and rules adopted by the PUC and that the service is or will be required by the present and future public convenience and necessity. H.R.S. 269-7.5(c).

The certificate must specify the service rendered as well as any conditions and limitations to the certificate. H.R.S. 269-7.5(c).




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