HECO CEO Shelee Kimura Wastes Ratepayer Money to Harass Scott Goold

Open Letter to HECO CEO & President Shelee Kimura

On Friday, April 28, 2023, we proposed a stipulated agreement to save HECO ratepayers money and time of the Intermediate Court of Appeals. HECO declined offer our offer Monday morning, May 1, 2023. [download]

We answered mid-morning Monday, May 1, 2023, as follows:
ATTN: Shelee Kimura, HECO CEO & President
Thao Tran, HECO HR Administrator
Scott Seu, HEI CEO & President

Aloha e friends ~
Last Friday, we forwarded a stipulation to your counsel to end legal wrangling before the Intermediate Court of Appeals to save ratepayer’s money and ICA time. Your team denied our proposal this morning without discussion. As such, I am notifying you directly and publishing this letter publicly. You manage a public-regulated utility. HECO claims that “great privilege requires great responsibility.” [download] [1]

All cases related to the question of a plaintiff properly serving a defendant allowed for one more final opportunity after court notice. The court did not notify us — likely due to confusion related to SARS-CoV-2 pandemic. Your legal team at Cox Fricke LLP provided the research and case citations. Murauskas in particular directly relates to our present situation: [download] [2]

"Murauskas filed his complaint on September 11, 2006. The complaint was dismissed on April 11, 2007, more than six months later. The record indicates that the district court notified Murauskas that his complaint would be dismissed if it was not served. Moreover, on November 15, 2006, a clerk of the district court informed Murauskas that the "[d]istrict [c]ourt does not serve documents on [d]efendants; you need to make arrangements yourself." The clerk also provided Murauskas with instructions on four methods for serving a claim on a party (by process server; registered or certified mail restricted delivery, with return receipt requested; disinterested third party; and personal service by the plaintiff) and a listing of process servers and their phone numbers.” (Emphasis mine.)

District and circuit courts have a similar standard (see SOURCES below). The ICA has a similar precedent of notifying plaintiff prior to final dismissal. It’s unanimous across district, circuit and appeal courts.

However, your team uses RATEPAYER money to continue this battle. Unlikely individuals would do so. HEI CEO & President Connie Lau make around $5.7 MILLION per year; HECO CEO Alan Oshima made around $3 MILLION per year. I’m not aware yet how much you make — but ZipRecruiter states that the average salary in Hawai’i is $52,228.

CEO Connie Lau made approximately 110 TIMES average salary; CEO Alan Oshima made approximately 50 TIMES average salary. I criticized your decision last September 2022 to end use of coal, which raised rates some 4% - 7%, while Hawai’i ratepayers suffer the highest electricity prices in the nation.

The amount of coal used by HECO was minimal. Estimates suggest it would take Hawai’i residents some 5,100+ years to use as much coal as China does in one year; or some 1,700+ years to use as much coal as India uses in one year. Coal also reduced our dependence on dirty diesel.

Wall Street Journal reported that Germany did itself and Europe a favor managing to avert an energy-shortage recession this winter by increasing use of supposedly evil coal. Data released Thursday show coal’s role in electricity generation growing in Germany for the second year running. Coal accounted for 33.3% of Germany's electricity production in 2022; up from 30.2% in 2021. [3]

Germany's household electricity rates are some of the highest in the world — around $0.56 per kWh; Hawai'i is only slightly less costly at $0.45 per kWh. USA average is around $0.18 per kWh.

Privileged managers who direct HECO do not seem to be in touch with the financial difficulties suffered by local residents. You and your executive team play with OUR money to protect YOUR ego and reputation.

Statutes, case law and precedent are clear on this matter. A plaintiff should be notified by the court and allowed one final opportunity to effect service. In my case, defendants were served on about March 15, 2022.

You appear to be a youthful, energetic and progressive manager. We believe you want to save ratepayers money; want to provide outstanding services. Continuing a lost legal challenge wastes OUR resources and is not outstanding service to the ‘Ohana you serve. You enjoy great privilege in your position. It is your kuleana to act responsibly.

Thank you for your immediate attention to this matter.
Scott Goold

SOURCES

RULES OF THE DISTRICT COURTS OF THE STATE OF HAWAI'I
Rule 28. DISMISSAL FOR WANT OF SERVICE.
A diligent effort to effect service shall be made in all actions. An action or claim may be dismissed sua sponte with written notice to the plaintiff if no service is made within 12 months after the action or claim has been filed. Such dismissal may be set aside and the action or claim reinstated by order of the court for good cause shown upon motion duly filed not later than 10 days from the date of the order of dismissal.
(Amended February 8, 1996, effective April 1, 1996; further amended November 27, 2007, effective January 1, 2008; further amended November 1, 2010, effective January 1, 2011.)

RULES OF THE CIRCUIT COURTS OF THE STATE OF HAWAI'I
Rule 28. DISMISSAL FOR WANT OF SERVICE.
A diligent effort to affect service shall be made in all actions. An action or claim may be dismissed sua sponte with written notice to the parties if no service is made within 6 months after the action or claim has been filed. Such dismissal may be set aside and the action or claim reinstated by order of the court for good cause shown upon motion duly filed not later than ten (10) days from the date of the order of dismissal.
(Amended May 16, 2007, effective July 1, 2007.)

[1] https://www.hawaiianelectric.com/Prebuilt/facebook/index.html

[2] http://oaoa.hawaii.gov/jud/opinions/ica/2009/ica29143sdo.htm

[3] https://www.wsj.com/articles/germany-coal-energy-electricity-renewables-4700b442

“Be kind whenever possible. It is always possible.” Dalai Lama

Related Documents

Goold Discrimination Complaint [filed 4.6.23] download

Goold Discrimination Complaint Exhibits [filed 4.6.23] download

Hawaiian Electric serves 95% of Hawaii's people. They pledge, "With that great privilege comes great responsibility." This example shows HECO management is not responsible to the people of Hawai'i.

Scott began serving residents of Hawai'i, as a contracted database analyst for Hawaiian Electric in August 2018. His coworkers praised him. Manager Lori Yafuso wrote in his 90-day review:

YOU have been a great asset to our team and it is your personality and humble nature that makes all of us so comfortable working together. We have had contractors on the DBA team before, but never with the synergy and positive energy that you bring with you. I believe you have had the greatest influence in our success and glad that we selected the right contractor. You have definitely made your mark here at HECO and have set the bar very high for future contractors!

Thank you for being you…keep doing what you do…keep that good karma flowing!
HECO IT Manager Lori Yafuso

Post-termination, Scott received an email from one of his colleagues:

Hi Scott,
I personally never saw any evidence of you being impaired. Quite the contrary in fact. I would say sharp, expedient, professional, techical, humble, the whole package really.

But I did notice you had a limp, so I suspected you were in pain, but you never mentioned anything, and I never bothered to ask, our conversations were always about getting things done, and you delivered in times when we had to deliver and get things done.

Marijuana is a complex issue, often misunderstood, has been known to relieve pain, and when used correctly does not impair.
Sincerely,
HECO IT coworker

When offered permanent employment, Scott Goold honorably, honestly and ethically disclosed his legal, prescribed medical cannabis use. HECO staff — all women — deceived him. They misled him. They promised to get back to him if there were any issues. Didn't. They entrapped Scott and set him up for failure. They discharged Scott from service — because they consider Scott to be a dangerous dude.

CDC Trained Scott beginning in 2009 to Battle Opioid Epidemic. HECO Fired Him. Corporate America is part of the problem.