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1976 Hawaii Attorney General Reports and Opinions 1 (1976)

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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

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