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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
FORM U-57
NOTIFICATION OF FOREIGN UTILITY COMPANY STATUS
Filed under section 33(a) of the
Public Utility Holding Company Act of 1935, as amended
(the "1935 Act")
HEI POWER CORP. GUAM
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(Name of foreign utility company)
HAWAIIAN ELECTRIC INDUSTRIES, INC.
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(Name of filing company, if filed on behalf of a foreign utility company)
Item 1
The name of the entity claiming foreign utility company status is HEI
Power Corp. Guam ("HPG"). HPG's business addresses are P.O. Box 21029,
Barrigada, Guam, 96921-1029 and P.O. Box 3160, Honolulu, Hawaii, 96802-3160.
HPG is a Hawaii corporation and is a wholly-owned subsidiary of HEI Power Corp.,
a Hawaii corporation, which in turn is a wholly-owned subsidiary of Hawaiian
Electric Industries, Inc., a Hawaii corporation ("HEI").
Pursuant to a contract with the Guam Power Authority ("GPA"), an
autonomous government agency serving the electric power needs of customers on
Guam, HPG will assume operational control of GPA's Tanguisson power plant on or
before November 24, 1996. HPG will refurbish, operate and maintain the plant
for approximately 20 years. GPA's Tanguisson power plant generally consists of
2 oil-fired 26.5 megawatt steam turbine generators.
Other than the Tanguisson power plant, HPG neither owns nor operates any
other facilities used for the generation, transmission, or distribution of
electric energy for sale or the distribution at retail of natural or
manufactured gas for any purpose. HPG is not a public utility company and has
no subsidiaries.
Item 2
Hawaiian Electric Company, Inc. ("HECO"), Hawaii Electric Light Company,
Inc. ("HELCO"), and Maui Electric Company, Limited. ("MECO") are
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FORM U-57
HEI Power Corp. Guam
domestic associate public utility companies, as defined under section 2(a) of
the 1935 Act, of HPG because HECO, HELCO, and MECO are wholly-owned, directly or
indirectly, by a holding company, HEI, in common with HPG.
HECO, HELCO, and MECO have no direct relationship with or own any
interest in HPG. HECO, HELCO, and MECO have not and will not contribute funds
to HPG or for the refurbishment, operation or maintenance of the Tanguisson
power plant.
EXHIBIT A
The certification of the Public Utilities Commission, State of Hawaii
(letter dated, November 27, 1995), required under section 33(a)(2) of the 1935
Act is attached hereto.
SIGNATURE
The undersigned company has duly caused this statement to be signed on
its behalf by the undersigned thereunto duly authorized.
HAWAIIAN ELECTRIC INDUSTRIES, INC.
By: /s/ Robert F. Clarke
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Robert F. Clarke
President and Chief Executive Officer
Date: October 30, 1996
2
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EXHIBIT A
[ State of Hawaii Public Utilities Commission letterhead ]
November 27, 1995
Securities and Exchange Commission
450 Fifth Street
Washington, D.C. 20549
CERTIFICATION PURSUANT TO SECTION 33(a)(2)
OF THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
SUBMITTED AT THE REQUEST OF HAWAIIAN ELECTRIC INDUSTRIES, INC.
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The Public Utilities Commission of the State of Hawaii has been notified by
Hawaiian Electric Industries, Inc. ("HEI") that it intends to organize one or
more subsidiaries which, directly or indirectly, will acquire an ownership
interest in and/or operate or participate in the operation of one or more
"foreign utility companies" within the meaning of Section 33 of the Public
Utilities Holding Company Act of 1935 ("PUHCA"). HEI has requested that this
certification be provided so that HEI, and the subsidiaries it intends to form,
may acquire such interests in foreign utility companies without jeopardizing
HEI's exemption under Section 3(a)(1) of PUHCA.
HEI is an electric public utility holding company within the meaning of PUHCA by
reason of its direct ownership of all of the common stock of Hawaiian Electric
Company, Inc. ("HECO"), and its indirect ownership through HEC0 of all of the
common stock of Maui Electric Company, Limited ("MECO") and Hawaii Electric
Light Company, Inc. ("HELCO"). HECO, MECO, and HELCO are operating electric
public utilities engaged in the production, purchase, transmission,
distribution, and sale of electricity exclusively in the State of Hawaii on the
respective islands that they serve. This Commission has exclusive jurisdiction
over the regulation of HECO, MECO, and HELCO.
HECO, MECO, and HELCO will not have any direct or indirect ownership interest in
any foreign utility company that HEI may directly or indirectly own or operate.
However, HECO, MECO, and HELCO will each be an affiliate or an associate company
of each foreign utility company owned directly or indirectly by HEI within the
meaning of Section 33(a)(2) of PUHCA.
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Securities and Exchange Commission
November 27, 1995
Page 2
In accordance with Section 33(a)(2) of PUHCA, the Public Utilities Commission of
the State of Hawaii hereby certifies that it has the authority and resources to
protect ratepayers subject to its jurisdiction and that it intends to exercise
that authority. This Commission is the only State commission having jurisdiction
over the retail electric rates of HECO, MECO, and HELCO.
We note that this certification may be revised or withdrawn prospectively as to
any future acquisition by HEI of an interest in a foreign utility company. We
further note that HEI has agreed to provide this Commission with advanced
written notification of any proposed acquisition of an interest in a foreign
utility company.
DONE at Honolulu, Hawaii this 27th day of November, 1995.
PUBLIC UTILITIES COMMISSION
OF THE STATE OF HAWAII
By /s/ Yukio Naito By /s/ Dennis R. Yamada
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Yukio Naito, Chairman Dennis R. Yamada, Commissioner
By /s/ John P. Spierling
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John P. Spierling, Commissioner
APPROVED AS TO FORM:
/s/ Robert W. Fung
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Robert W. Fung
Commission Counsel
