Quarrel at PUC meeting sparks discussion on conduct

In an unusual use of taxpayer money, the state Public Utilities Commission met Thursday to discuss an argument that broke out between a state worker and an attorney at an informal industry meeting Oct. 11.

The PUC met following a complaint about the inappropriate behavior of attorney Isaac Moriwake, who represents the Hawaii Solar Energy Association, at a meeting convened by Hawaiian Electric Co. where he exhibited “hostile, aggressive, bullying behavior” toward Marcey Chang, chief engineer for the state Division of Consumer Advocacy, according to a complaint filed by Consumer Advocate Dean Nishina, who asked that the PUC create policies regarding behavior at meetings, even those not formally scheduled by the commission.

“It is extremely unfortunate that time must be spent by any party appearing before the commission to address a matter such as this, but I feel it is critical for the commission to address the events on Oct. 11, as well as ensuring that incidents such as this never occur again,” wrote Nishina, executive director of the Division of Consumer Advocacy, in an Oct. 17 letter to the PUC. He added that Moriwake, whose behavior was “unacceptable,” shouldn’t be allowed at future meetings. “No party or person should be required to experience such a hostile environment. The behavior exhibited … represents the worst example of bullying and cannot be tolerated.”

Chang described the incident as a “heated discussion” and said Moriwake kept interrupting her and told her, “You have no value and you shouldn’t be here.”

“It is very hard to describe really how bad that meeting was,” Chang told the commissioners. “I was yelling. I just can’t believe it and I started defending my office. I just wanted to leave. There’s not an excuse — you should never go there personally.”

Joseph Viola, vice president of regulatory affairs for HECO, added: “By all accounts, Mr. Moriwake’s conduct was abusive, unacceptable, unprofessional and disrespectful and was anything but collaborative and productive. Mr. Moriwake’s actions created a hostile environment that, if unaddressed, will have a potential chilling effect on all future stakeholder meetings.”

Moriwake apologized for his role in the argument with Chang and conceded that he crossed a line, but described the incident differently.

“I got interrupted in a heated and hostile way that honestly took me aback and set me on edge,” Moriwake said. He said his intention was to refocus the meeting on how to count battery systems connected to the grid.

“Things started pingponging faster and … I unfortunately lost my cool,” Moriwake said. “I wasn’t then or now intending at all to comment on anyone’s value as a person or qualities as a human being. I will say that blackballing me will not serve the purposes of this proceeding, the confidence and trust of the stakeholder community or the public interest.”

This is the first time Moriwake has behaved inappropriately, Nishina told the commission when asked by PUC Chairman Randy Iwase whether there was a pattern of misconduct.

“I understand there were heated discussions,” Iwase said. “When you go into a room full of lawyers, they’re not going to be talking quietly.”

Iwase said the commission will issue a written decision on the issue in the near future.

“We’re looking at something much more significant here,” Iwase said. “I will caution you that informal conferences mean just that. It is dependent upon the mature, responsible discussions of all the individuals there. I would assume in all informal conferences some may want to be candid. You may not like what you get (from Iwase’s ruling). It may not be as informal as you would like it to be.”