(DOWNLOAD) "Pollick v. Pollick" by Hawaii Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Pollick v. Pollick
- Author : Hawaii Supreme Court
- Release Date : January 12, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Intervenors-Appellants Eloise Yamashita Tungpalan, Brian Kanno, Dennis M. Nakasato, Randall Y. Iwase, Paul T. Oshiro, Julie R. Duldulao, Roy M. Takumi, Samuel S.H. Lee, Henry H. Peters, Peter K. Apo, Annelle C. Amaral, Arnold Morgado, Jr., John DeSoto, and Rene Mansho (Tungpalan or the Tungpalan Appellants), and Village Park Community Association (VPCA) (collectively Appellants) appeal from the Public Utilities Commissions (PUC or Commission) decision and order granting the Petitioner-Appellees (Hawaiian Electric Company, Inc. or HECO) application to commit funds in excess of $500,000 for the construction of high-voltage overhead transmission lines, and undergrounding of certain distribution lines, and overhead to underground service conversions. On appeal, Appellants contend that: (1) the PUC violated the Hawaii Administrative Procedure Act (HAPA) by failing to promulgate rules properly to establish when transmission lines will be placed underground; (2) the PUC improperly engaged in rule-making in its decision and order; (3) the PUC acted arbitrarily and capriciously in adopting its position on prudent avoidance and electronic magnetic fields (EMFs); (4) the PUC did not consistently apply its standard and used its authority arbitrarily and capriciously; (5) HECO failed to meet its burden of proof in this proceeding; and (6) the PUC deferred to other governmental agencies contrary to the PUCs preemptive rights. For the reasons below, we affirm the PUCs decision and order.
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