Hawaiian Electric provides update on Lahaina fires, response

[daventrina]

Hawaiian Electric provides update on Lahaina fires, response​

Release Date: 8/27/2023

HONOLULU, Aug. 27, 2023 – Hawaiian Electric Company, Inc. ("Hawaiian Electric"), a subsidiary of Hawaiian Electric Industries, Inc. (NYSE: HE) ("HEI"), today issued the following update in response to the lawsuit filed on Thursday by the County of Maui.

"Our hearts and hands are with the people of Lahaina and Maui," said Shelee Kimura, president and CEO of Hawaiian Electric. "Hawaii has thrived on the collective strength and unity of our community, and we need to embrace that spirit now more than ever. There are important lessons to be learned from this tragedy by all of us collectively, and we are resolved to figure out what we need to do to keep our communities safe as climate issues rapidly intensify here and around the globe. We invite others to do the same with us."

Several important facts are clear about the events on Aug. 8:

• A fire at 6:30 a.m. (the "Morning Fire") appears to have been caused by power lines that fell in high winds.
• The Maui County Fire Department responded to this fire, reported it was "100% contained," left the scene and later declared it had been "extinguished."
• At about 3 p.m., a time when all of Hawaiian Electric's power lines in West Maui had been de-energized for more than six hours, a second fire (the "Afternoon Fire") began in the same area.
• The cause of the devastating Afternoon Fire has not been determined.

"We were surprised and disappointed that the County of Maui rushed to court even before completing its own investigation," Kimura said. "We believe the complaint is factually and legally irresponsible. It is inconsistent with the path that we believe we should pursue as a resilient community committed and accountable to each other as well as to Hawaii's future. We continue to stand ready to work to that end with our communities and others. Unfortunately, the county's lawsuit may leave us no choice in the legal system but to show its responsibility for what happened that day."

Outlined below are additional details:

• The records conclusively establish that Hawaiian Electric power lines to Lahaina were not energized when the Afternoon Fire broke out shortly before 3 p.m. on Aug. 8, in a field near Lahaina Intermediate School. Power had been out for more than six hours by that time. There was no electricity flowing through the wires in the area or anywhere else on the West Maui coast. Hawaiian Electric has informed ATF investigators of the availability of records that demonstrate these facts.
• The small Morning Fire, seen in videos taken by local residents, began more than eight hours earlier. Those videos show that power lines had fallen to the ground in high winds near the intersection of Lahainaluna Road and Hookahua Street at approximately 6:30 a.m. A small fire that can be seen by the downed lines spread into the field across the street from the Intermediate School.
• The Maui County Fire Department responded promptly to the Morning Fire. According to the Department's public statement that morning, by 9 a.m. the Morning Fire was "100% contained." The Maui County fire chief subsequently reported that the Fire Department had determined that the Morning Fire was "extinguished," and the Fire Department left the scene by 2 p.m.
• Once the fire was out, Hawaiian Electric emergency crews arrived at Lahainaluna Road in the afternoon of Aug. 8 to make repairs; they saw no fire or smoke or embers. All lines to Lahaina remained de-energized and all power in the area remained off.
• Shortly before 3 p.m., while the power remained off, our crew members saw a small fire about 75 yards away from Lahainaluna Road in the field near the Intermediate School. They immediately called 911 and reported that fire.
• By the time the Maui County Fire Department arrived back on the scene, it was not able to contain the Afternoon Fire and it spread out of control toward Lahaina.

"The county's lawsuit distracts from the important work that needs to be done for the people of Lahaina and Maui," said Scott Seu, president and CEO of HEI. "Since the devastating fire in Lahaina, Hawaiian Electric's focus has been supporting all of those who have been impacted and helping Maui recover. HEI stands with Hawaiian Electric and the community in rebuilding Lahaina and empowering a thriving future for Maui and the other islands we serve."

Forward-Looking Statements

This statement may contain "forward-looking statements," which include statements that are predictive in nature, depend upon or refer to future events or conditions, and usually include words such as "will," "expects," "anticipates," "intends," "plans," "believes," "predicts," "estimates" or similar expressions. In addition, any statements concerning future financial performance, ongoing business strategies or prospects or possible future actions are also forward-looking statements. Forward-looking statements are based on current expectations and projections about future events and are subject to risks, uncertainties and the accuracy of assumptions concerning HEI, Hawaiian Electric and their subsidiaries, the performance of the industries in which they do business and economic, political and market factors, among other things. These forward-looking statements are not guarantees of future performance.

Forward-looking statements in this statement should be read in conjunction with the "Cautionary Note Regarding Forward-Looking Statements" and "Risk Factors" discussions (which are incorporated by reference herein) set forth in HEI's Annual Report on Form 10-K for the year ended December 31, 2022 and HEI's other periodic reports that discuss important factors that could cause HEI's results to differ materially from those anticipated in such statements. These forward-looking statements speak only as of the date of the report, presentation or filing in which they are made. Except to the extent required by the federal securities laws, HEI, Hawaiian Electric and their subsidiaries undertake no obligation to publicly update or revise any forward- looking statements, whether as a result of new information, future events or otherwise.

Hawaiian Electric provides update on Lahaina fires, response

Hawaiian Electric Company, Inc. ("Hawaiian Electric"), a subsidiary of Hawaiian Electric Industries, Inc. (NYSE: HE) ("HEI"), today issued the following update in response to the lawsuit filed on Thursday by the County of Maui.

www.hawaiianelectric.com

https://www.hawaiianelectric.com/documents/about_us/news/2023/20230827_lahaina_fires_update.pdf

 

[daventrina]

In response to everyone that said ... "They (HELCO) should have turned the power off" ....
The power WAS off ...

• "The records conclusively establish that Hawaiian Electric power lines to Lahaina were not energized when the Afternoon Fire broke out shortly before 3 p.m. on Aug. 8, in a field near Lahaina Intermediate School. Power had been out for more than six hours by that time. There was no electricity flowing through the wires in the area or anywhere else on the West Maui coast. Hawaiian Electric has informed ATF investigators of the availability of records that demonstrate these facts."

The power line fire was completely independent of the afternoon fire

• "The Maui County Fire Department responded promptly to the Morning Fire. According to the Department's public statement that morning, by 9 a.m. the Morning Fire was "100% contained." The Maui County fire chief subsequently reported that the Fire Department had determined that the Morning Fire was "extinguished," and the Fire Department left the scene by 2 p.m."
• "Once the fire was out, Hawaiian Electric emergency crews arrived at Lahainaluna Road in the afternoon of Aug. 8 to make repairs; they saw no fire or smoke or embers. All lines to Lahaina remained de-energized and all power in the area remained off."
• "Shortly before 3 p.m., while the power remained off, our crew members saw a small fire about 75 yards away from Lahainaluna Road in the field near the Intermediate School. They immediately called 911 and reported that fire."

Maui likely needs a new County Attorney

 

[davidvel]

Not sure this is good enough. Anyone with a modicum of wildland fire experience knows that there is nothing called "extinguished", certainly not a few hours after containment. In a high wind situation, embers at the base of brush and other vegetation can smolder unseen and flare up as winds continue or grow. Such "hotspots" are often mopped up for days if not weeks after a fire.

I don't see any definitive way at this point to rule out that this was not a flare up of the original fire, especially if no other cause of ignition is determined.

 

[JimT]

I need a lesson about electricity to really understand some of this. Apparently electric lines can still remain dangerous and energized from induction sources, backup generators and ??? even after the power is turned off. Wasn't the fear of electrocution part of the reason for the blocked roads and traffic gridlock?

It is a terrible tragedy.

 

[daventrina]

I don't see any definitive way at this point to rule out that this was not a flare up of the original fire, especially if no other cause of ignition is determined.

Grass fires don't flare up for weeks...

Did you not read this?
"Once the fire was out, Hawaiian Electric emergency crews arrived at Lahainaluna Road in the afternoon of Aug. 8 to make repairs; they saw no fire or smoke or embers."

In either case, that would be on the County not HELCO...,
"The Maui County fire chief subsequently reported that the Fire Department had determined that the Morning Fire was "extinguished," and the Fire Department left the scene by 2 p.m."

 

[daventrina]

I need a lesson about electricity to really understand some of this. Apparently electric lines can still remain dangerous and energized from induction sources, backup generators and ??? even after the power is turned off. Wasn't the fear of electrocution part of the reason for the blocked roads and traffic gridlock?

It is a terrible tragedy.

If someone hooks a generator to their house and doesn't disconnect the house from the power grid ... that can happen.
Which is why a power cutoff is required to do that. They however don't generally produce enough energy to get very far through the system.

 

[dagger1]

Don’t fire departments normally leave one or two fire fighters in brush fire areas after a fire has been contained or put out? To monitor the area for re-ignition ? Especially in a high wind situation?

 

[1Kflyerguy]

Don’t fire departments normally leave one or two fire fighters in brush fire areas after a fire has been contained or put out? To monitor the area for re-ignition ? Especially in a high wind situation?

In my area the answer is yes. The fire department does usually leave staff on scene to monitor for hotspots or flare-ups until they feel its safe to leave.

I would tend to agree with Daventrina, based on what Hawaii Electric said today, this would seem to indicate this was new fire, or the fire department made a mistake in declaring the fire fully extinguished.

I don't have ennough legal knowledge to know if this will fully clear them or not. In the court of public opinion, its usually easier to blame a large faceless company than the local fire department, whose members are part of the local community.

I did see that Hawaii Electric stock shot up today after this announcement. Though even in best case, they have massive expenses in the future to upgrade their grid.

 

[dagger1]

In my area the answer is yes. The fire department does usually leave staff on scene to monitor for hotspots or flare-ups until they feel its safe to leave.

I would tend to agree with Daventrina, based on what Hawaii Electric said today, this would seem to indicate this was new fire, or the fire department made a mistake in declaring the fire fully extinguished.

I don't have ennough legal knowledge to know if this will fully clear them or not. In the court of public opinion, its usually easier to blame a large faceless company than the local fire department, whose members are part of the local community.

I did see that Hawaii Electric stock shot up today after this announcement. Though even in best case, they have massive expenses in the future to upgrade their grid.

I have heard that monitoring brush fires after being “extinguished” is common practice (especially in high wind situations), but have no idea if this is true.

 

[JIMinNC]

I got the impression from reading this that both the Morning Fire and where the Afternoon Fire started were in the field near the Intermediate School. So it sounds to me like it could have been leftover embers, but it’s clear Hawaii Electric’s defense is going to be the fire department was negligent in leaving the scene of the Morning Fire too soon.

 

[davidvel]

Grass fires don't flare up for weeks...

Why are you replying to my post? I didn't say this.

Did you not read this?
"Once the fire was out, Hawaiian Electric emergency crews arrived at Lahainaluna Road in the afternoon of Aug. 8 to make repairs; they saw no fire or smoke or embers."

Of course I read it. Trained fire service personnel can miss smoldering embers when looking for them. The fact that some utility workers didn't see anything isn't very compelling to me.

Rather the fire started in generally the same area that the morning fire ended, with no energized wires and no other new ignition source.

In either case, that would be on the County not HELCO...,
"The Maui County fire chief subsequently reported that the Fire Department had determined that the Morning Fire was "extinguished," and the Fire Department left the scene by 2 p.m."

Sure, the FD may bear some liability, but intervening negligence is generally a foreseeable occasion, and does not cut-off liability in most jurisdictions, so they would share fault.

 

[davidvel]

I

I have heard that monitoring brush fires after being “extinguished” is common practice (especially in high wind situations), but have no idea if this is true.

It generally is, but if they were busy fighting fires in other areas of the island and had limited resources, this may not have been an option.

 

[daventrina]

Of course I read it. Trained fire service personnel can miss smoldering embers when looking for them. The fact that some utility workers didn't see anything isn't very compelling to me.

Rather the fire started in generally the same area that the morning fire ended, with no energized wires and no other new ignition source.

Sure, the FD may bear some liability, but intervening negligence is generally a foreseeable occasion, and does not cut-off liability in most jurisdictions, so they would share fault.

So the MFD responsibility falls on HELCO after they decide to leave?
Not sure what makes you think there are no other ignition sources in the area....
This one would be on the County not HELCO

 

[daventrina]

I have heard that monitoring brush fires after being “extinguished” is common practice (especially in high wind situations), but have no idea if this is true.

They had 3 or 4 other fires and ~100 firefighters, so there wasn't a surplus of people. They certainly didn't have too many in Kula

 

[daventrina]

I'll speculate with reasonable certainty that the cause of the second fire may have been the same as the dozens of other fires in that area and on the BI

 

[emeryjre]

There will be plenty of money spent on legal fees, consultants, court cases, and appeals before the issue is resolved

 

[ScoopKona]

There will be plenty of money spent on legal fees, consultants, court cases, and appeals before the issue is resolved

And all of this is going to push everything back. Everything stops while each suit moves forward. Eventually it gets to a certain point and then the wheels of restoration start turning again.

 

[dagger1]

They had 3 or 4 other fires and ~100 firefighters, so there wasn't a surplus of people. They certainly didn't have too many in Kula

So true. I have heard that it’s protocol in many jurisdictions, especially if there are 60 mph winds. But you only have so many people.

 

[davidvel]

So the MFD responsibility falls on HELCO after they decide to leave?
Not sure what makes you think there are no other ignition sources in the area....
This one would be on the County not HELCO

Nope. FD liability, if it exists (many more defenses for gov't), is its own. Just like HELCO's is theirs. But, the law generally does not extinguish the original wrongdoer's liability (if it exists), by intervening negligence which is foreseeable. Again, they would share liability.

 

[cowboy]

10% Elco, 90% mfd

 

[daventrina]

Nope. FD liability, if it exists (many more defenses for gov't), is its own. Just like HELCO's is theirs. But, the law generally does not extinguish the original wrongdoer's liability (if it exists), by intervening negligence which is foreseeable. Again, they would share liability.

If the second fire had an independent ignition source as I expect ... there is NO liability for HELCO. Just as folks shouldn't jump on MFD either as they would not have left the scene of the first fire unless they were absolutely certain the fire was extinguished.

 

[davidvel]

If the second fire had an independent ignition source as I expect ... there is NO liability for HELCO. Just as folks shouldn't jump on MFD either as they would not have left the scene of the first fire unless they were absolutely certain the fire was extinguished.

I agree with your first sentence. Second is pure speculation, and even if you're right they could have been wrong.

 

[daventrina]

... Second is pure speculation, and even if you're right they could have been wrong.

Observation from people on the scene and prior events

 

[Mongoose]

How is it that the most advanced early warning system in the country, which is tested monthly, was never activated?

 

[jacknsara]

Aloha,
My daughter pointed me to this web page https://cliffmass.blogspot.com/2023/08/the-real-cause-of-maui-wildfire-disaster.html
I found the analysis and many of the comments illuminating.
I wasn't sure which thread would be the best to post it in, but chose this one.
Jack