Why is Hu Honua moving to amend its complaint now?

• Hua Honua has exhausted all other means to resolve its dispute with a consortium of firms associated with Hawaiian Electric (collectively referred to as “HECO” within the updated complaint).
• As a result, it has been forced to proceed to seek relief within the court system under the federal antitrust laws and Hawaii state law.
• In May 2017, the parties agreed to a conditional settlement of Hu Honua’s claims against HECO.  As part of that conditional settlement, the parties entered into an amended power purchase agreement (PPA).
• In May 2022, the Public Utilities Commission (PUC) rejected the amended PPA, and in March of this year, the Hawaii Supreme Court affirmed the PUC’s decision.  Hu Honua’s settlement with HECO was dissolved just a few months ago by operation of the Supreme Court’s final decision.
• Hu Honua’s proposed amended complaint incorporates new facts uncovered since it initially filed this lawsuit in 2016, further demonstrating that HECO possesses a near-total monopoly over the wholesale firm power generation market on Hawaii Island.
• This monopoly has caused direct harm not only to Hu Honua, but also to Hawaii residents who have been plagued with increasingly higher rates and grid reliability issues.