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1976 Hawaii Attorney General Reports and Opinions 1 (1976)

handle is hein.sag/saghi0025 and id is 1 raw text is: AND~~/ 04 1 11 ,NO 11. LS A NU) NU-VI~ m BMU:pt 21 a 2___la _ RONALD' Y AMIMIYA op. No. 76-1 I STATE OF HAWAII PEPARTMENT OF THE ATTORNEY G[NERAL STATE CAPITOL 47rH FLOOR HONOLULU. HAWAII 96813 January 20, 1976 Honorable John Leopold State Senator, Sixth District 223 State Capitol Honolulu, Hawaii 96813 Dear Senator Leopold: This letter is in response to your request for an Attorney General's opinion as to whether the automatic fuel oil adjustment clause used by Hawaii's gas and electric utilities is legal. Resolution of your request is facilitated by answering the following questions: (1) Whether or not the Public Utilities Commission (hereinafter PUC) has the authority to approve the use of automatic fuel adjustment clauses in gas and electric utility rate schedules pursuant to Chapter 269 of the Hawaii Revised Statutes? (2) Whether or not the requirements of Chapter 269 and the Hawaii Administrative Procedure Act, Chapter 91, H.R.S., have been satisfied in approving use of the automatic fuel adjustment clause? (3) Whether or not the operation of the automatic fuel adjustment clause is consistent with the procedural requirements of H.R.S. 5 269-16? I. Whether or not the Public Utilities Commission has the authority to approve the use of automatic fuel adjustment clauses in gas and electricity rate schedules pursuant to Chapter 269 of the Hawaii Revised Statutes? We answer in the affirmative. Op. No. 76-1