PUC closes a portion of NextEra hearing

The state Public Utilities Commission met behind closed doors Monday for the second time in five days of hearings on Florida-based NextEra Energy Inc.’s proposed $4.3 billion purchase of Hawaiian Electric Industries Inc.

For about 35 minutes the public was asked to leave the Neal S. Blaisdell Center conference room while NextEra Energy Hawaii President and CEO Eric Gleason answered questions.

“We reconvene the hearing for the purpose of closing it,” PUC Chairman Randy Iwase said just before noon. “At this time all individuals who did not sign and file a protective agreement with the commission must leave the room.” The meeting was closed because the discussion involved confidential business and financial information, Iwase said.

Monday was the fifth day of 12 scheduled hearings at which the PUC, other government agencies, energy companies and environmental groups are questioning NextEra and HEI officials about the sale. The commission must approve the sale for it to go through.

During the closed-door session, Jason Kuzma, a Seattle attorney representing the Pam and Pierre Omidyar-funded Ulupono Initiative, asked Gleason questions that concerned financial projections NextEra had marked as confidential.

Kuzma declined to discuss what was said during the closed session. He said NextEra, as a publicly traded company, is not allowed to discuss financial projections openly. “We were just honoring it,” he said.

In an open session last week, Kuzma questioned how much money NextEra expects to save through reductions in operations and maintenance costs.

NextEra has promised to cut electrical rates by $60 million over the first four years of its ownership of the Hawaii utility, saying it expects to meet that goal through reductions in operations and maintenance costs. What NextEra hasn’t said is how much more than $60 million it expects to save through lower costs.

NextEra has estimated how much it will save but has marked that as confidential, Kuzma said.

Confidential documents cannot be discussed during the hearings unless the discussions are held behind closed doors.

Iwase has said he doesn’t like to hold closed-door sessions, but his hands are tied because intervenors in the case have asked to discuss confidential documents.

NextEra filed 60,000 pages of documents in defense of its proposed purchase, and about 5 percent, or 3,000 pages, of those were marked confidential, said NextEra spokesman Rob Gould.

“We have tried to be as open and transparent as possible throughout this entire process,” Gould said.

During the open phase of the meeting Monday, Iwase questioned Gleason about trust.

“The first question I have for you, Mr. Gleason, is, Why should I trust NextEra?” Iwase said.

“We know it is going to take time for us to demonstrate that we will deliver on all the things we say we will deliver on,” Gleason said. “I expect that process is going to take some years.

“We are trying to walk the walk here in Hawaii in terms of how we conduct ourselves. I’m hopeful … we will have earned enough of your trust to make you comfortable at this point.”

NextEra has been under scrutiny in Hawaii for a year, after announcing its plan to buy HEI on Dec. 3, 2014.

Iwase spoke of the 85 commitments NextEra has made in its PUC filings, which include cutting costs for ratepayers and not laying off workers for two years.

“They are nice words,” Iwase said. “From the kingdom, the territory, the state, we have heard many promises.” He asked about what assurances NextEra can give that their commitments will be honored.

Gleason responded, “I think you will find that we have a track record and we honor our commitments.” He added that unlike some companies that move to Hawaii, “Hawaiian Electric will continue to be regulated by this commission, and if we are not delivering on our commitments, it is within your power to deliver consequences.”

Gleason also took issue with the contention by William Brilhante, counsel for Hawaii County, who said last week that the $60 million in savings over four years NextEra has promised ratepayers amounted to $1 a month per customer.

Gleason said it would be $1 in the first year but would go up to $25 in monthly savings for ratepayers by year four of NextEra’s ownership.

“They are underestimating the savings, and the savings grow over time,” Gleason said. “In the fourth year average customer savings will be $25 per month.”

Iwase said the hearings, which were scheduled to conclude Dec. 16, likely will be extended into January and perhaps February. That could push back the June target for the PUC’s decision.

So far only two of 12 scheduled witnesses for NextEra and HEI — Gleason and Hawaiian Electric CEO Alan Oshima — have been through the first round of testimony.

“It’s going to take a while,” Iwase said. “The applicants have 12 witnesses and we are on No. 3.”

Iwase said he is looking to book space for the hearings in January and February.

When asked whether that will push back his hope to finish in June, Iwase said, “Obviously it would.”

“If we finish in February or March, yes, because we are going to allow the parties to file closing briefs — that’s about 30 days.” Then the PUC begins its analysis of all the arguments.

The hearings will continue today through Friday and Dec. 14-16.