§269-7  Investigative powers.  (a)  The public utilities commission and each commissioner shall have power to examine into the condition of each public utility, the manner in which it is operated with reference to the safety or accommodation of the public, the safety, working hours, and wages of its employees, the fares and rates charged by it, the value of its physical property, the issuance by it of stocks and bonds, and the disposition of the proceeds thereof, the amount and disposition of its income, and all its financial transactions, its business relations with other persons, companies, or corporations, its compliance with all applicable state and federal laws and with the provisions of its franchise, charter, and articles of association, if any, its classifications, rules, regulations, practices, and service, and all matters of every nature affecting the relations and transactions between it and the public or persons or corporations.

     (b)  The commission may investigate any person acting in the capacity of or engaging in the business of a public utility within the State, without having a certificate of public convenience and necessity or other authority previously obtained under and in compliance with this chapter or the rules promulgated under this chapter.

     (c)  Any investigation may be made by the commission on its own motion, and shall be made when requested by the public utility to be investigated, or by any person upon a sworn written complaint to the commission, setting forth any prima facie cause of complaint.  A majority of the commission shall constitute a quorum. [L 1913, c 89, §5; RL 1925, §2193; RL 1935, §7945; RL 1945, §4706; RL 1955, §104-6; HRS §269-7; am L 1991, c 57, §5]

Case Notes

  Shipping from port to port in Territory is interstate commerce.  Commission has no jurisdiction to regulate rates and charges of common carrier by water in interstate commerce for transportation of persons and property from port to port.  24 H. 136 (1917).

  Not repealed by Shipping Board Act (Sept. 7, 1916, 39 Stat. 451).  32 H. 127 (1931).

  To establish rate basis, fix fair rate.  33 H. 487 (1935).

  Interisland shipping.  33 H. 890 (1936), aff'd 96 F.2d 412 (1938), aff'd 305 U.S. 306 (1938).

  Duty to require compliance with federal law.  47 H. 1, 384 P.2d 536 (1963).

  PUC may dismiss complaint without a hearing or investigation.  64 H. 289, 639 P.2d 1103 (1982).

  The billing disputes would fall within the broad provisions of §269-6 and this section, as a dispute between telecommunication carriers regarding billing and compensation for services, but this would not deprive the court of jurisdiction over the matters.  The language of the statutes indicates only that the public utilities commission (PUC) would have jurisdiction over matters such as transactions between carriers, and not that the PUC would have exclusive jurisdiction.  131 H. 257, 318 P.3d 97 (2013).

  Cited:  665 F. Supp. 2d 1189 (2009).