NOTICE OF REPEAL OF HAWAII
ADMINISTRATIVE RULE § 6-74-7
Pursuant to Hawaii Revised Statutes (“HRS”)
§ 91-3(f), the State of Hawaii Public Utilities Commission (“PUC”) provides notice that it proposes to repeal Hawaii Administrative Rule (“HAR”)
§ 6-74-7, relating to ownership criteria for qualifying cogeneration and small power production facilities, on November 12, 2014, because the rule has become null and void due to a revision of federal law. The Hawaii administrative rules that govern the standards for cogeneration and small power production facilities, of which HAR § 6-74-7 is a part, are based on the Federal Energy Regulatory Commission (“FERC”) rules promulgated under the Public Utility Regulatory Policies Act of 1978, Pub. L. No. 95-617, §§ 201 and 210, and found in Title 18, Code of Federal Regulations, Chapter 292. In 2005, FERC revised their rules relating to cogeneration and small power production facilities by repealing all ownership requirements. In order to bring Hawaii law in conformance with federal law, and to comply with Title 16, United States Code, Section 824a-3(f), which requires the PUC to implement FERC rules and revisions thereto related to cogeneration and small power production facilities, the PUC will repeal HAR
§ 6-74-7, which provides ownership requirements of such facilities.
The full text of the proposed section to be repealed is available on the PUC website at puc.hawaii.gov.
The full text may also be reviewed until November 12, 2014, at the PUC office, located at 465 South King Street, #103, Honolulu, Hawaii 96813, Monday-Friday (except State Holidays), from 7:45AM – 4:30PM. Any interested person may petition the PUC regarding the section to be repealed by submitting a written petition to the PUC at the address listed above before October 24, 2014, pursuant to HAR § 6-61-74.
Hermina Morita, Chair