LIHUE — An injunction sought by Kauai Island Utility Cooperative member Adam Asquith aimed at blocking the co-op from collecting non-smart meter fees was denied in 5th Circuit Court on Tuesday. The judge’s decision came just days before Saturday’s election
LIHUE — An injunction sought by Kauai Island Utility Cooperative member Adam Asquith aimed at blocking the co-op from collecting non-smart meter fees was denied in 5th Circuit Court on Tuesday.
The judge’s decision came just days before Saturday’s election deadline for co-op members to weigh-in on whether the costs of reading and servicing old electric meters — an estimated $340,000 per year — should be shared by the entire utility or fall on those who opt not to use the technology.
“As we have said repeatedly, the fees were reviewed and approved by the Consumer Advocate and the Public Utilities Commission,” said KIUC spokesman Jim Kelly. “It’s now costing KIUC members thousands more dollars in legal fees to respond to Mr. Asquith’s lawsuit, go to court and hear a judge basically say the same thing.”
Laurel Loo, general counsel for KIUC, said the cooperative will file a motion seeking the dismissal of Asquith’s lawsuit, according a press release issued by the co-op on Tuesday.
At Tuesday’s hearing, Judge Kathleen Watanabe said Asquith had not satisfied the legal requirements to obtain an injunction, according to a release sent out by the utility.
She said the Hawaii PUC is solely responsible for reviewing and setting utility rates and fees, and that a “glaring problem” was that Asquith’s motion did not include the PUC — a “necessary party” to any challenge of utility fees — according to KIUC.
“The law is clear that this is not an issue to be challenged in court,” Watanabe said, according to the release.
Asquith is one of three members who filed a petition challenging the cooperative’s additional fees, ultimately sending the issue to a vote.
Although his request was denied, Asquith, who represented himself, said he would continue to plug away.
“Obviously it’s disappointing, but not entirely surprising,” he said. “I’m doing what I can with the time and resources I have.”
Earlier this month, Kelly pegged KIUC’s legal bills related to Asquith’s complaint at about $17,000.
Ballots for the ongoing special election related to smart meters are due back to KIUC by noon Saturday. The results will be announced later that day.
In November, Asquith filed the complaint against KIUC, arguing the co-op was precocious in billing those members who opted not to use the smart meter technology.
In the complaint, he asked the court to require KIUC to “cease and suspend the fees and tariffs charged the Plaintiff for protecting his privacy by retaining his traditional electric meter.”
The fees in question include a one-time set-up charge and a $10.27 monthly fee for customers who opt not to use the new technology. Both fees took effect in November.
KIUC has said spreading the cost to all its customers would work out to just under $1 per month per customer.
Out of the utility’s 30,000 customers, about 3,000 have opted not to use wireless smart meters.
• Chris D’Angelo, environmental reporter, can be reached at 245-0441 or cdangelo@thegardenisland.com.
