Gorak’s PUC appointment is affirmed

Public Utilities Commission Chairman Randy Iwase said he is pleased Tom Gorak will remain in his position as a member of the PUC.

Judge Edwin C. Nacino of the Hawaii First Circuit Court ruled Friday that Gov. David Ige’s appointment of Gorak to be a member of the PUC is valid.

“I’m glad the judge confirmed what the law is and has been and we move forward now,” Iwase said. “I’m particularly pleased for Tom. He has toughed it out. It was business as usual. It would have been much more problematic if the decision went the other way. Tom is very valuable to the PUC with his knowledge and humor.”

Former PUC Chairwoman Mina Morita filed a complaint against Ige’s appointment of Gorak, alleging Gorak had no legal right to hold the position and seeking to remove him. Ige appointed Gorak as an interim member of the commission to take over for Mike Champley, whose term expired June 30.

Nacino held a hearing on the issue Thursday.

The appointment was met with controversy as it came just two weeks before the PUC announced its decision to reject Florida-based NextEra Energy Inc.’s $4.3 billion offer to purchase Hawaiian Electric Industries Inc.

Ige was outspoken in his opposition to the sale.

Morita as well as some members of the state Senate — the body responsible for confirming state regulators’ appointments — questioned the legality of the appointment.

Morita’s complaint was based on the fact that Gorak did not have a vacancy to fill and had not been confirmed by the Senate. The Legislature adjourned in May and will reconvene in January.

Morita argued that Ige should have let Champley remain in office until a new commissioner could be confirmed.

In response to Nacino’s ruling Friday, Morita said the case was not given a fair review.

“‘Disappointed’ would be an understatement because I do not believe the legal merits of our case were given full and just consideration,” she said.

Morita said she has not decided on the next step. She may elect to appeal the judge’s decision within 30 days.

State Attorney General Doug Chin said in a formal opinion in July — in response to a request from Senate President Ron Kouchi (D, Kauai-Niihau) — that the state Constitution authorized Ige to appoint Gorak on an interim basis to the PUC.

“The interim appointments authority is part of Hawaii’s Constitution,” Chin said in a statement Friday. “Today’s ruling affirms Governor Ige’s exercise of that authority.”

Gorak’s appointment lasts until the end of the next legislative session in May, unless he is confirmed by the Senate.